ta contract management 13-14 th july, 2011 aslı gülgör burcu arıkan kara

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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


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Tender decision

Selection of procurement method

Determination of the PQ criteria

Collection of proposals

Call for proposals Preparation of the tender document Evaluation of PQ

Evaluation of the proposals

Selection of the eligible proposal

Contract negotiations

Contract Award

Post-implementation liabilities

Expiration of the Contract

Dispute Management

Implementation of the contract

Preparation of the PQ documents

There are strict rules governing the way in which contracts are awarded.Ensuring the suitably qualified contractors are chosen without bias and that the best value for money is obtained, with the full transparency appropriate to the use of EU and public funds.


THE LOWEST OFFER IS NOT ALWAYS THE BEST!THE FOLLOWING CRITERIA SHOULD BE TAKEN INTO ACCOUNT:

TO OFFER THE BEST PRICE AND QUALITY,TO BE A WELL KNOWN BRAND, TO BE ABLE TO SUPPLY THE CURRENT NEEDS, TO

PROVIDE SECURITY, AFTER-SALES SERVICE, SPARE PARTS, TO PROVIDE EQUAL CONDITIONS TO POSSIBLE SUPPLIERS FOR

PROCUREMENT AND TO AVOID CONFLICT OF INTERESTS.

WHO CAN PROVIDE SERVICE?ALL THE SERVICE PROVIDERS WHO WILL

PARTICIPATE IN THE TENDER SHOULD MEET THE REQUIREMENTS STATED IN THE

TENDER DOCUMENTATIONS AND COME FROM AN ELIGIBLE COUNTRY

THIS RULE IS EXACTLY APPLICABLE FOR THE EXPERTS WITHIN THE SERVICE

PROJECTS

WHERE MUST THE EQUIPMENT AND MATERIALS BE PROVIDED FROM?

ALL SUPPLIES AND MATERIALS PURCHASED UNDER A CONTRACT FINANCED UNDER A COMMUNITY

INSTRUMENT MUST ORIGINATE FROM THE COMMUNITY OR FROM AN ELIGIBLE

COUNTRY

THE TENDERERS MUST PROVIDE DOCUMENTARY PROOFS

General Procurement Rules


General Rules Governing the Procurement of Services, Supplies Works and Grant Schemes and Small Grant

Contracts PRAGhttp://ec.europa.eu/europeaid/work/procedures/index_en.htm

Practical Guide

to

Contract Procedures for EC External

Actions


Tender Procedures

Open Tender ProcedureRestricted Tender

ProcedureCompetitive Negotiated

ProcedureSimplified ProcedureSingle Tender

Practical Guide

to

Contract Procedures for EC External

Actions


Competitive tendering process Transparent selection process Support for the project of the successful offer Contract setting the details of actions that

will be implemented These actions are,

Service Procurement of consultancy, research, know-how and training

Procurement of supplies Procurement of equipment and materials

Works Infrastructure and other engineering works


Tresholds PRAG

SERVICES

≥ € 200,000International

restricted tender procedure

1. < € 200,000 but > € 10,000 Framework contracts2.Competitive negotiated procedure

≤ € 10,000

Single tender

SUPPLIES

≥ € 150,000 International open tender procedure

< € 150,000 but ≥ € 60,000

Local open tender procedure

< € 60,000 but > € 10,000

Competitive negotiated procedure

WORKS

1. ≥ € 5,000,000 International open

tender procedure

2. International restricted

tender procedure

< € 5,000,000 but ≥

€ 300,000 Local open

tender procedure

< € 300,000 but> € 10,000

Competitive negotiated procedure

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19-21/06/07

Contract Managem

ent Training

SERVICE CONTRACT

THE CONTRACTS OF 200,000 € OR MORE

1 MUST BE CARRIED OUT ACCORDING TO INTERNATIONAL RESTRICTED TENDER PROCEDURES

2 THE TENDERING TERMS AND CONDITIONS MUST BE PUBLISHED ON THE RADIO, TELEVISION, THE WEB SITE OF THE CONTRATCING AUTHORITY, INTERNATIONAL AND LOCAL NEWSPAPERS

3 A SHORTLIST MUST BE ESTABISHED

4 THE NUMBER OF SHORTLISTED TENDERERS (USUALLY BETWEEN 4 TO 8) MUST BE PUBLISHED

5 THE EVALUATION OF PROPOSALS MUST BE UNDERTAKEN OBJECTIVELY AND INTEGRITY OF THE COMPETITIVE PROCESS MUST BE PRESERVED.

6 ONLY THE CANDIDATES MEETING THE TENDERING CRITERIA STATED ON THE ANNOUNCEMENT AND THE ONES WHO ARE INVITED CAN SENT THEIR OFFERS


19-21/06/07

Contract Managem

ent Training

NEGOTIATION PROCEDUREEXCEPTIONAL CASES

ONLY FOR THOSE SPECIFIED CONDITIONS BELOW ONLY ONE OFFER CAN BE ACCEPTED TO NEGOTIATE

•WHERE, FOR REASONS OF EXTREME URGENCY BROUGHT ABOUT BY EVENTS WHICH THE CONTRACTING AUTHORITIES COULD NOT HAVE FORESEEN

•OPERATIONS CARRIED OUT IN CRISIS SITUATIONS

•WHERE CONTRACTS EXTEND ACTIVITIES ALREADY UNDER WAY;

•WHERE THE TENDER PROCEDURE HAS BEEN UNSUCCESSFUL, THAT IS WHERE NO QUALITATIVELY AND/OR FINANCIALLY WORTHWHILE TENDER HAS BEEN RECEIVED.

•WHERE, FOR TECHNICAL REASONS, OR FOR REASONS CONNECTED WITH THE PROTECTION OF EXCLUSIVE RIGHTS, THE CONTRACT CAN BE AWARDED ONLY TO A PARTICULAR SERVICE PROVIDER.

•WHERE ONE ATTEMPT FOR THE USE OF THE COMPETITIVE NEGOTIATED PROCEDURE/SIMPLIFIED PROCEDURE FOLLOWING THE UNSUCCESSFUL USE OF A FRAMEWORK CONTRACT HAS FAILED.

•FOR CONTRACTS DECLARED TO BE SECRET, OR FOR CONTRACTS WHOSE PERFORMANCE MUST BE ACCOMPANIED BY SPECIAL SECURITY MEASURES OR WHEN THE PROTECTION OF THE ESSENTIAL INTERESTS OF THE EUROPEAN UNION OR THE BENEFICIARY COUNTRY SO REQUIRES.


Contract Execution

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Service Contract Outline

Contract Agreement and Special Conditions with annexes:

General Conditions for service contracts Terms of Reference Organisation and Methodology (To be submitted by

the tenderer according to the template provided) Key experts (including templates for the summary

list of key experts and their CVs) Budget [For fee-based contracts: breakdown] Forms and other relevant documents


Contract Management Highlights


Basic Principals

Identification and management of risks Effects of risk management to price Cost variation when risk is transferred to the contractorMethods of avoiding claims

Identifying the hot spotsActing against problems at the beginning of the project Problem solving techniques

Friction caused by claimsResolution of claims with cooperation


Basic Principals

Amicable solutionIdentification of claims in advanceExaggerated claims ??Financing Plan Budget Monitoring


Name of the Training 16

Contract – Highlights

Time ExtensionAdditional PaymentGeneral Conditions Special Conditions


Contract – Highlights

Delays Changed Circumstances Abandonment, Suspension or TerminationPayment Outputs Conflict of Interest / Corruption and Fraud

Universal Law Systems

German Law (Favouring the Employer and the Supplier)French Law (Favouring the Employee and the Buyer)British Law (in balance)

Reasons for Claims

MisstatementWithout anybody's faultUncertainty of documentsWilful misinterpretation

Legal negligenceDirect breach of contract

Ambiguous Contracts

General AmbiguityHierarchy of the contract documentsFuzzy expressions"Eligible" Contractor and Consultant

Claims for Price Adjustments

Claims due to delaysVerification of the critical pathQuantitative analysisAgreement on the secondary costs

Claims due to time extensionOverheads

Claims concerning break-down of the activities


Changes

Cardinal ChangeChanges which highly affect the content of the work

Constructive changeThe instructions which are not defined clearly within

the contract Formal change

Changes which do not affect the content of the contract significantly

Cost Increase

Client's RequestsRevisionsIncrease of decrease in the content of the ServicesPredefined variations and flexibilitiesEffects of increasing, decreasing of the content of the Services and break down

DelaysAn extraordinary event or circumstance

beyond control of the parties preventing both or one of the parties from fulfilling their liabilities is considered as a Force Majeure (Events from God)

Delays caused by the Client shall be accepted not in the responsibility of the other party

The circumstances and events which can be controlled by the Contractor shall not be considered as eligible reasons for delay

There is no time extension for ineligible delays and legal penalties shall be applied


Questions and Discussions.

ta contract management 13-14 th july, 2011 aslı gülgör burcu arıkan kara

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