Transcript Slayt 1

Bölgesel Rekabet Edebilirlik Operasyonel Programı’nın Uygulanması için Kurumsal
Kapasitenin Oluşturulmasına Yönelik Teknik Yardım
Technical Assistance on Institutional Building for the Implementation of RCOP in Turkey
This project is co-financed by the European Union
and the Republic of Turkey
PRAG Procurement
Supply Contracts – version November 2010
Advance module – Day II
RCP-CIC
By: Berk Babila, Managing Director - Ecorys in Turkey
[email protected]
Ankara, 30 March 2011
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Content
1. Contract Forecast Notices
2. Procurement Notices
3. Parts of Tender Dossier for a
Supply Contract
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contract Forecast Notices
Setting out the specific characteristics of the tender procedure
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For international open tender only  € 150 000
Publicity – to ensure the widest possible participation in competitive
tendering and the requisite transparency
Must give a brief indication of the subject and content of the tender
concerned (Annex C1)
Do not bind the CA to finance the contracts proposed
‘Prospective suppliers’ are not expected to submit tenders at this stage
Published on the OJ of the EU, on the EuropeAid website and in any other
appropriate media
At least 30 days before the publication of the Procurement Notice
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contract Forecast Notices (2)
Checklist
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Conformity
Tender foreseen by OP and OIS?
Budget in line with OP and OIS?
Conditionality (if any) fulfilled?
FN
Type of procedure?
Programme?
Financing?
CA?
Contract description short and clear and in line with OIS?
Intended time of publication? Realistic? Procurement Plan?
Legal Basis?
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Exercise
Contract Forecast Notice
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Preparing a Contract Forecast Notice
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Procurement Notices
Setting the framework
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For local ( € 60 000 but < € 150 000) and international ( € 150 000)
open tenders
At least 15 days before the intended date of publication, to allow for
translations
Must provide would-be suppliers with the information they need to
determine their capacity to fulfil the contract in question
Minimum deadline for submitting the tenders is 60 days from the
publication in the OJ of the EU (30 days for local open tenders)
If there will be any amendment to information in the PN, the CA sends a
corrigendum with the changes to EC for publication
EC will publish in 7 days after the request; the CA may extend the
submission deadline, if necessary
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Procurement Notices (2)
Checklist
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Conformity
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Tender is covered by OP and OIS?
Realistic timing?
Beneficiaries, objectives, scope, budget?
Conditionality (if any) fulfilled?
Suspension clause?
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Procurement Notices (3)
Checklist
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Procurement Notice
Ref. no., procedure, programme, financing, CA and contract reference/description in
line with FN?
Tender divided into lots? Division (or non-division) logical and acceptable?
Min. 30 days between the FN and PN (only applicable for IOT)
Provisions in point 10 in-line with the no. of lots? Variant solutions allowed?
Tender Guarantee set at between 1% and 2% of the financial offer?
Performance Guarantee up to 10% of the contract value?
Maximum delivery period acceptable?
Any other selection criteria in point 16, apart from “compliance with formal,
administrative and technical requirements”? If yes is it properly justified and
acceptable? Does it hamper competition?
Legal basis in point 21 correct?
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Selection Criteria
General principles
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Clear and non-discriminatory regardless of the contract value and the type of
procedure
The selection criteria must be:
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clearly formulated, without any ambiguity
easy to verify on the basis of the information submitted using the standard application
form (Annex B3)
devised to allow a clear YES/NO assessment to be made as to whether or not the
candidate satisfies a particular selection criterion
possible to prove by the tenderer (what type of documentary evidence required?)
The selection criteria should be adapted to the nature, cost and
complexity of the contract
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Selection Criteria (2)
AVOID!
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Request of annual turnover, no. of staff, no. of previous
projects beyond the amount of the contract
Use of words; “sufficient”, “major”, “relevant”
Requesting information dating back more than 3 years
(regulated by Imp. Reg of Fin. Reg.). Only exception for
works contracts
Limiting technical experience to EU projects
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Selection Criteria (3)
Checklist
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Economic and financial capacity of candidate
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will not be economically dependent on the CA in the event that the
contract is awarded to it; and
has sufficient financial stability to handle the proposed contract
Examples of financial criteria for legal persons
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the average annual turnover of the tenderer must exceed the
annualised maximum budget of the contract; and
the averages of cash and cash equivalents at the beginning and end of
year are positive
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Selection Criteria (4)
Checklist (2)
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Professional capacity of candidate
has sufficient ongoing staff resources and expertise to be able to handle the
proposed contract
Examples of professional criteria for legal persons
has a professional certificate appropriate to this contract, such as <specify>;
at least <number related to the quantity of expertise required for this contract>
staff currently work for the applicant in fields related to this contract; and
at least 20% of all staff working for the candidate this year in fields related to
his contract are permanent.
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Selection Criteria (5)
Checklist (3)
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Technical capacity of candidate
– has sufficient expertise and experience to be able to handle the proposed contract
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Example of technical criterion for legal persons
– the candidate has worked successfully on at least < one / two / three > project<s>
with a budget <X> EUR in < specify fields> which were implemented during the
following period: < 3 years from the submission deadline, please specify the dates>
(This means that the project that the tenderer refers to could have been
started/implemented/completed at any time during the indicated period but it does not
necessarily have to be started and completed during that period, nor implemented
during the entire period)
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Exercise
Selection Criteria
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Determining the selection criteria (Article
16 of the PN) and preparing the
Procurement Notice
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Documents
Drafting the contents of the tender dossier
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TD must be carefully drafted for:
– the proper execution of the contract
– the sound functioning of the procurement procedure
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must contain all the provisions and information that tenderers need to present their tenders:
– the procedures to follow, the documents to provide, cases of non-compliance, award
criteria, etc.
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representatives of the final beneficiaries should participate in the tender preparation at an
early stage
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the CA is responsible for drawing up these documents
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Given the technical complexity of many contracts, the preparation of the tender dossier may
require the assistance of one or more external technical specialist(s) – declaration of
objectivity and confidentiality
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts
Content (in accordance with Annex C4)
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Letter of Invitation with
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A. Instructions to Tenderers
B. Draft Contract and Special Conditions including annexes
[Draft Contract, Special Conditions, General Conditions (I),
Technical Specifications (II), Technical Offer (to be tailored to the
specific project) (III), Budget Breakdown (Model Financial Offer) (IV),
Forms (V), Tax and Customs Arrangements (VI)]
C. Further information
[admistrative compliance grid, evaluation grid]
D. Tender Form for a Supply Contract
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply
Contracts (2)
A. Instructions to tenderers
1. Supplies to be provided
2. Timetable
3. Participation
4. Origin
5. Type of contract
6. Currency
7. Lots
8. Period of validity
9. Language of offers
10. Submission of tenders
11. Content of tenders
12. Pricing
13. Additional information before the
deadline for submission of tenders
PRAG Supply Contracts Training 29-31 March 2011
14. Clarification meeting / site visit
15. Alteration or withdrawal of tenders
16. Costs of preparing tenders
17. Ownership of tenders
18. Joint venture or consortium
19. Opening of tenders
20. Evaluation of tenders
21. Signature of the contract and
performance guarantee
22. Tender Guarantee
23. Ethics clauses
24. Cancellation of the tender procedure
25. Appeals
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply
Contracts (3)
B. Draft Contract
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Subject
Origin
Price
Order of precedence of contract documents
PRAG Supply Contracts Training 29-31 March 2011
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Tender Dossier for Supply Contracts (4)
B. Draft Contract: Special Conditions
2. Law applicable
4. Communications
6. Subcontracting
7. Supply of documents
8. Assistance with local regulations
9. Contractor's obligations
10. Origin
11. Performance guarantee
12. Insurance
13. Programme of implementation of
the tasks (timetable)
14. Contractor's drawings
15. Tender prices
PRAG Supply Contracts Training 29-31 March 2011
16. Tax and customs arrangements
17. Patents and licences
18. Commencement order
19. Period of Implementation of the tasks
22. Variations
24. Quality of supplies
25. Inspection and testing
26. Methods of payment
28. Delayed payments
29. Delivery
31. Provisional acceptance
32. Warranty
33. After-sales service
40. Settlement of disputes
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts (5)
B. Draft Contract and Special Conditions, including Annexes
I. General Conditions
II. Technical Specifications
III. Technical Offer
IV. Budget Breakdown/Model Financial Offer
V. Forms (Performance/Pre-Financing Guarantee)
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts (6)
B. Annex I – General Conditions
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Preliminary Provisions
Obligations of the Contracting Authority
Obligations of the Contractor
Commencement of implementation of the tasks and delays
Materials and workmanship
Payments
Acceptance and maintenance
Breach of contract and termination
Dispute Settlement
Ethics Clauses
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts (7)
B. Annex II/III – Technical Specifications/Technical Offer
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts (8)
B. Annex IV – Budget Breakdown / Model Financial Offer
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Tender Dossier for Supply
Contracts (9)
B. Annex V – Forms
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Model Performance Guarantee
Pre-financing Guarantee Form
Tender Guarantee Form
Financial Identification Form
Legal Entity File
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply
Contracts (10)
B. Annex VI – Tax and Customs Arrangements
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The contract is, exempt from all taxes and duties, pursuant to the
provisions of Articles set out in the FA signed between Turkey and
the EC in 2008, extract of Article 25 & 26
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value added tax (VAT)
special consumption tax (SCT)
motor vehicle tax
customs and import duties and levies and/or taxes of equivalent effect
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However the contract is subject to stamp tax!
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts (11)
C. Further information – Administrative Compliance Grid
(to be tailored to the specific project)
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts (12)
C. Further information – Evaluation Grid
PRAG Supply Contracts Training 29-31 March 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Dossier for Supply Contracts (13)
D. Tender Form for a Supply Contract
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Submitted by
Contact person
Economic and financial capacity
Staff resources
Fields of specialisation
Experience
Tenderer’s declaration(s)
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