Transcript Slayt 1 - Sanayi

Bölgesel Rekabet Edebilirlik Operasyonel Programı’nın
Uygulanması için Kurumsal Kapasitenin Oluşturulmasına
Yönelik Teknik Yardım
This project is co-financed by the European
Union and the Republic of Turkey
Technical Assistance on Institutional Building for the
Implementation of RCOP in Turkey
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This project is co-financed by the European
Union and the Republic of Turkey
Procurement of works
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IPA Funds Programme Management 12-19 sept. 2011
This project is co-financed by the European
Union and the Republic of Turkey
Budget v/s Procedure
 Single tender (< or equal to 10,000 Euro)
 Competitive Negotiated procedure (>10,000Euro <
300,000 Euro)
 Local open tender (> or equal to 300,000 Euro and <
5,000,000 Euro)
 International open tender (> 5,000,000 Euro)
IPA Funds Programme Management 12-19 sept. 2011
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Single Tender
This project is co-financed by the European
Union and the Republic of Turkey
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Minimum of one company required
Letter of invitation and tender dossier sent
Evaluation to follow the procedure for open
works tenders
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This project is co-financed by the European
Union and the Republic of Turkey
Competitive Negotiated
Procedure
 No procurement notice needs to be published
 Minimum of three contractors to be consulted
 Letter of invitation and tender dossier sent
 A minimum of three technically compliant offers must be
received
 Evaluation to follow the procedure for open works
tenders
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Local Open Procedure
This project is co-financed by the European
Union and the Republic of Turkey
 Procurement forecast & notice published only in beneficiary country.
 EC publishes reference on the Internet with address from which interested
companies can obtain further information
 Tender dossiers either picked up at CA or sent to interested tenderers
 A fee can be charged to cover the cost of the preparation of the tender
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dossier
Often the tender dossier, particularly the Technical Specifications, will be
prepared by an external expert
Clarification or site meetings may be foreseen
Variant solutions may be taken into account if permitted by the Contracting
Authority, and are:
Submitted by tenderer with the least expensive compliant offer, and
They meet the required technical specifications
Bids formally evaluated (minimum of 3 voting members required)
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International Open procedure
This project is co-financed by the European
Union and the Republic of Turkey
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Procurement forecast & notice to be published on the Internet, in the Official Journal
of the European Communities and in the media
Tender dossiers either picked up at CA or sent to interested tenderers
A fee can be charged to cover the cost of the preparation of the tender dossier
Often the tender dossier, particularly the Technical Specifications, will be prepared by
an external expert
Clarification or site meetings may be foreseen
Variant solutions may be taken into account if permitted by the Contracting
Authority, and are:
o Submitted by tenderer with the least expensive compliant offer, and
o They meet the required technical specifications
Bids formally evaluated (minimum of 5 voting members required)
In exceptional and justified cases, and with the approval of the EC, a
restricted tender procedure may be used.
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Negotiated Procedure
This project is co-financed by the European
Union and the Republic of Turkey
 In certain circumstances, and with EC approval, a negotiated
procedure may be
used, notably:
 Where there is an urgency incompatible with the appropriate
tendering/contracting timetable
 For unforeseen additional works becoming necessary to be
carried out by existing contractor
 Where such works cannot be separated from main contract
 Where such works can be separated but are absolutely
necessary
 Aggregate cost of contracts awarded for additional works
cannot exceed 50% of original contract
 Where a tender has been unsuccessful
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Works Tender Dossier
This project is co-financed by the European
Union and the Republic of Turkey
Volume 1
Section 1 :
Section 2 :
Section 3 :
Section 4 :
Section 5 :
instructions to tenderers
Tender Form and Appendix to the tender
tender guarantee form
questionnaire
Administrative Compliance Grid and Evaluation grid
Section 1 :
Section 2 :
Section 3 :
Section 4 :
Section 5 :
Section 6 :
Section 7:
contract form
general conditions for works contracts FIDIC
particular conditions
specimen performance guarantee
specimen prefinancing payment guarantee
specimen retention guarantee
tax and customs arrangements
Volume 2
Volume 3
Technical specifications
Volume 4
Financial Interpretative Note
Financial offer lump sum contracts / financial offer unit price contracts
Volume 5
Design documents, including drawings
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This project is co-financed by the European
Union and the Republic of Turkey
FIDIC
Federation Internationale des
Ingenieurs-Conseils
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This project is co-financed by the European
Union and the Republic of Turkey
What is FIDIC?
 Federation of Consulting Engineers Council
 Founded in 1913 (Based in Switzerland)
 Mission is to promote Engineering Expertise and fair
procurement
 Extensive bookshop (cash on delivery)
 Represents member organisations in 68 countries
 Web site is http://www.fidic.org
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FIDIC Books
This project is co-financed by the European
Union and the Republic of Turkey
Short Form
Construction
IPA Funds Programme Management 12-19 sept. 2011
EPC Turnkey
Plant and Design Build
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Which Book ?
This project is co-financed by the European
Union and the Republic of Turkey
Is it a straightforward
and simple project?
no
Is there any risk on
design or process?
no
yes
Fixed price – turn key
Restricted client
contribution
High market risks
yes
no
Are the market
and the
unprecedented
risks high?
yes
no
DETAILED yes
EXAMINATION
Correct according to
Client`s requisitions
and then create a
modified contract
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FIDIC Red Book
This project is co-financed by the European
Union and the Republic of Turkey
 The Client carries out all the engineering services and
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copes with the risks.
The Consultant is responsible for the management
and supervision.
Checking and supervision of the design and Works,
approval of those or rejection are Consultant's
responsibilities
The Contractor is paid per production and based on
unit prices, risk of cost overrun is the risk of the Client.
During the implementation of the Works detailed tests
are performed. Usually tests are simpler during the
Handover Period and Start-up.
Disputes are caused are due to unexpected extra
Works and increase of Cost.
There is usually a cost overrun
Consultant works as a daily Arbitrator.
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FIDIC Yellow Book
This project is co-financed by the European
Union and the Republic of Turkey
 The Contractor carries out all the detail engineering
services.
 The Contract deals not with "HOW TO DO" but with
"WHAT TO DO"
 The main document is the "Employers Requirements" and
explains what performance and quality is expected.
 The Contractor takes most of the risks including the
overrun in quantity and cost.
 The Client may hold the authority to approve the design.
 Management and supervision of the contract is carried
out by the Consultant.
 Checking and supervision of the design and Works,
approval of those or rejection are Consultant's
responsibilities
 The Contractor is paid on a calendar basis at on some
milestones.
 During the implementation of the Works simpler tests are
performed. Usually tests are more complicated during the
Handover Period and Start-up.
 Disputes are caused are due to different interpretation of
the "Employer's Requirements"
 Consultant works as a daily Arbitrator.
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This project is co-financed by the European
Union and the Republic of Turkey
Fundamentals of Works
Tender Dossiers
 Conditions of Contract (CC) – part of the Tender Dossier,
respectively of the future contract that are addressing specific issues,
required for the contract implementation.
 General C – are establishing a set of rules, generally valid in all EU
financed contracts
 Special C – are modifying, amending, supplementing the General C,
for including in the contract the specificities of a certain country, or of
a certain project.
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Order of precedence of
Contract
This project is co-financed by the European
Union and the Republic of Turkey
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Contract (Agreement)
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Tender Form with its appendix
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Particular Conditions of Contract
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General Conditions of Contract
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Technical Specifications
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The design (drawings etc.)
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BoQs after arithmethical corrections
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Any other document forming part of the contract
Addenda shall have the order of precedence of teh document
they are modifying
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This project is co-financed by the European
Union and the Republic of Turkey
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Particular Conditions of
Contract
The Particular Conditions take priority over the General
Conditions
Are the instrument for the Contracting Authority/ Beneficiary,
for introducing the particular aspects of the local legislation, or
of the project.
The General Conditions can be applied for any project,
anywhere in the world, but will never be able to deal with the
specific issues related to a specific project, nor to the
legislation of a certain country
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This project is co-financed by the European
Union and the Republic of Turkey
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Particular Conditions of
Contract
The PC should provide all relevant conditions that relate to the
projects and the laws of the contract, which add, complement, or
amend the General C
In drafting the PC, one must pay particular attention to crossreference with all other interconnected Clauses that may be affected.
Make sure you don’t create ambiguities with other Clauses, or
provisions of other documents
Major exercise in cross referencing PC with:
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GC
Technical Specifications
Schedule/ Annexes (e.g. delivery schedule)
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This project is co-financed by the European
Union and the Republic of Turkey
Particular Conditions of
Contract
 Examples should be only used after verifying they are suitable for your specific
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case and adapted accordingly
The guidance is to assist writers of the special conditions, by giving options for
various sub-clauses where appropriate
It is recommendable that suitably-qualified engineers (technical staff) to
prepare documents and a review by a suitably-qualified legal advisers
There is no specific Clause in the General C requiring additional data to be
included in the PC, this is done only when and as much as necessary
Any modification of existing Clauses, or insertion of a new Clause, must be
made for a clear reason and only in conjunction with the other Clauses
PC will only contain modified Clauses, without repeating the ones from GC
that are not modified
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This project is co-financed by the European
Union and the Republic of Turkey
Main aspects to be
addressed in PC
• Applicable law and language
• Contractor’s obligations
• Performances/ Insurances
• Timetable/ Schedules
• Documents/ Drawings/ Specifications/ Manuals
• Patents and licences
• Variations of contracted quantities
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This project is co-financed by the European
Union and the Republic of Turkey
Main aspects to be
addressed in PC
• Quality levels
• Inspection/ Testing at the delivery, Testing after
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installation
Acceptance
Payments methods/ schedules
Delivery – place, risks, related documents and
procedures
Warranty/ After-sales services
Disputes resolution
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Bill of Quantities-BoQs
This project is co-financed by the European
Union and the Republic of Turkey
The objectives of BoQs are;
• to provide sufficient information on the quantities of Works to be
performed to enable Bids to be prepared efficiently and accurately
• when a Contract has been entered into, to provide a priced (BOQ)
for use in the periodic evaluation of Works executed.
In order to attain these objectives, Works should be itemized in the (BOQ) in
sufficient detail to distinguish between the different classes of Works, or between
Works of the same nature carried out in different locations or in other
circumstances which may give rise to different considerations of cost.
Consistent with these requirements, the layout and content of the (BOQ) should
be as simple and brief as possible.
IPA Funds Programme Management 12-19 sept. 2011
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This project is co-financed by the European
Union and the Republic of Turkey
Bill of Quantities-BoQs
The Bill of Quantities should be divided generally into
the following sections:
a. Preamble;
b. Work Items (grouped into parts);
c. Daywork Schedule; and
d. Summary.
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This project is co-financed by the European
Union and the Republic of Turkey
BoQs Preamble
The Preamble should indicate the inclusiveness of the unit
prices, and should state the methods of measurement that
have been adopted in the preparation of the Bill of
Quantities and that are to be used for the measurement of
any part of the Works.
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BoQs Work Items
This project is co-financed by the European
Union and the Republic of Turkey
The items in the Bill of Quantities should be grouped into sections to
distinguish between those parts of the Works that by nature, location,
access, timing, or any other special characteristics may give rise to
different methods of construction, phasing of the Works, or
considerations of cost.
General items common to all parts of the Works may be grouped as a
separate section in the Bill of Quantities. When a family of Price
Adjustment Formulae are used, they should relate to appropriate
sections in the Bill of Quantities.
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BoQs Work Items
This project is co-financed by the European
Union and the Republic of Turkey
The Bill of Quantities usually contains the following part Bills, which
have been grouped according to the nature or timing of the work:
 Bill No. 1-General Items;
 Bill No. 2-Earthworks;
 Bill No. 3-Culverts and Bridges;
 Bill No. 4-etc., as required;
 Daywork Schedule; and
 Summary Bill of Quantities.
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BoQs Daywork schedule
This project is co-financed by the European
Union and the Republic of Turkey
Daywork Schedule should be included if the probability of unforeseen
work, outside the items included in the Bill of Quantities, is relatively
high. To facilitate checking by the Employer of the realism of rates
quoted by the bidders, the Daywork Schedule should normally
comprise:
 list of the various classes of labor, materials, and Contractor’s
Equipment for which basic Daywork rates or prices are to be inserted by
the bidder, together with a statement of the conditions under which the
Contractor will be paid for work executed on a Daywork basis;
 a percentage to be entered by the bidder against each basic Daywork
Subtotal amount for labor, materials, and Plant representing the
Contractor’s profit, overheads, supervision, and other charges.
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This project is co-financed by the European
Union and the Republic of Turkey
BoQs Summary
The Summary should contain a tabulation of the separate
parts of the Bill of Quantities carried forward, with
provisional sums for Daywork, for physical (quantity)
contingencies, and for price contingencies (upward price
adjustment) where applicable.
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BoQs Provisional Sums
This project is co-financed by the European
Union and the Republic of Turkey
A general provision for physical contingencies (quantity overruns) may
be made by including a provisional sum in the Summary Bill of
Quantities. The inclusion of such provisional sums often facilitates
budgetary approval
by avoiding the need to request periodic
supplementary approvals as the future need arise.
Where such provisional sums or contingency allowances are used, the
Particular Conditions of Contract should state the manner in which they
will be used, and under whose authority (usually the Engineer’s but
here is the CA)
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Sample BoQ Bill 1
This project is co-financed by the European
Union and the Republic of Turkey
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This project is co-financed by the European
Union and the Republic of Turkey
Evaluation of Works
Evaluations are held in phases:
• Receipt and registration of tenders
• Prepatory meeting
• Tender Opening Session (Public Open)
• Administrative Compliance
• Technical Evaluation
• Financial Evaluation
• Conclusion
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Evaluation Committee
This project is co-financed by the European
Union and the Republic of Turkey
• 5 members for contract < 5,000,000 Euro
2 non-voting + 3 voting
• 7 members for contract > 5,000,000 Euro
 2 non-voting + 5 voting
• Reasonable command of English + technical &
administrative capacity
• Impartiality and confidentiality (conflict of interest)
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Admin Check
This project is co-financed by the European
Union and the Republic of Turkey
– To check tenders are complete and tender guarantee is submitted
– EU representatives should be informed (ex-ante)
– Opening checklist should be filled
– Chairperson has to check the conflict of interest of the Evaluation
Committee
– Tender opening checklist & report has to be completed
Administrative Compliance Grid:
• Documentation complete as required
• Nationality of the Tenderer
• Language Correct
• Committee may request clarifications within reasonable time
• Only compliant tenders go on to next phase
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This project is co-financed by the European
Union and the Republic of Turkey
Technical Evaluation
• Done Lot by Lot (if applicable)
Be careful about criteria for tenderers tendering for multiple
Lots
• Use the Evaluation Grid in the tender dossier
• Rules of origin
• Eligibility of sub-contractors
• Required Capacity (economic, financial, professional
and technical)
• Only technically compliant offers go on to the next
phase
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Financial Evaluation
This project is co-financed by the European
Union and the Republic of Turkey
• Check arithmetical errors
• Calculate discounts for multiple Lots
• Contract is awarded to the lowest compliant offer;
within the available budget
• Evaluation of variant solution – only those submitted
by the lowest compliant offer
• Problem of abnormally low offers
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This project is co-financed by the European
Union and the Republic of Turkey
Conclution
 Evaluation Committee recommends to:
• Award the contract to the tenderer which
 complies with administrative and technical
requirements
 is the lowest offer within the maximum budget
available
• Cancel the procedure
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This project is co-financed by the European
Union and the Republic of Turkey
Questions?
IPA Funds Programme Management 12-19 sept. 2011
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