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PUBLIC PROCUREMENT
MARKET
ITS SPECIFICITY
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IT IS PUBLIC NEEDS (SERVICES,SUPPLY,WORKS)FINANCED BY PUBLIC MONEY
PUBLIC PROCUREMENTS REPRESENT 16% OF EU GDP
CONTRARY TO CONSUMER MARKET AND INDUSTRIALMARKET
- P.P MARKET HAS A MAJOR CHARACTERISTIC:THEREGULATION OF THE PROCUREMENT PROCESS BYLOCAL REGIONAL NATIONAL OR INTERNATIONALAUTHORITIES
-NON DISCRIMINATION AND OPEN COMPETITION AREPRIME OBJECTIVES
THESE OBJECTIVES MAY REDUCE OPPORTUNITIES FORSUPPLIERS TO DEVELOP LONG TERM CONTRACTUALRELATIONSHIP WITH PUBLIC AUTHORITIES
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PROCUREMENT POLICY IS NOT ONLY
ABOUT IMPOSING CONSTRAINTS ON
AWARDING AUTHORITIES.
IT IS ALSO ABOUT PROVIDING THENECESSARY INCENTIVES FOR TO
ACTIVELY PURSUE CONTRACT
OPPORTUNITIES.
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DRIVING FORCE BEHIND PUBLICPROCUREMENT:
THE NEED FOR GOVERNMENTS TO MAINTAINAND DEVELOP THE TYPE OF SOCIETY
DEMANDED BY CITIZENS. PRIME MOTIVE IS SERVICE TO CITIZEN
TWO SETS OF RULES HAVE TO BE FOLLOWED:
-RULES OF THE TREATY(for all type ofcontract)
-RULES OF THE PROCUREMENTDIRECTIVES(in the case of contracts of a certainamount)
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BASIC PRINCIPLES AND
OBJECTIVES OF P.P.
OBTAIN BEST VALUE FOR MONEY
FAIR COMPETITION,NON
DISCRIMINATION
SOUND FINANCIAL
MANAGEMENT(economy,efficiency and
effectiveness)
ACCOUNTABILITY (record keeping)
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WHY A E.U. LEGISLATION FOR
PUBLIC PROCUREMENT ?
TO CREATE A SINGLE MARKET FOR P.P. SO THAT
EUROPEANS COMPANIES MAY HAVE ACCESS TO
CONTRACTS WITHOUT DISCRIMINATION
IN ACCORDANCE WITH THE TREATY WHICH AIMS
AT INSTALLING:
* FREE MOVEMENT OF GOODS
* FREE MOVEMENT OF SERVICES
INCREASING THEREFORE COMPETITIVENESSTHROUGH BETTER FUNCTIONING OF THE MARKET
AND OBTAINING BEST VALUE FOR MONEY
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TO HAVE FAIR , TRANSPARENT AND
PREDICTABLE PROCEDURES
EQUAL ACCESS TO
OPPORTUNITIES,EQUAL TREATMENTAND NON DISCRIMINATION FOR AA EU
SUPPLIERS
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TO THAT END THE COMMUNITY HAS DECIDED TOCOORDINATE THE PROCUREMENT PROCEDURESFOLLOWED IN DIFFERENT COUNTRIES.
E.U. LEGISLATION OFFERS A WIN-WIN SITUATION TO BOTHCONTRACTING AUTHORITIES AND CONTRACTORS
* INCREASED COMPETITION OFFERS THE POSSIBILITY TOC.A. TO HAVE BETTER VALUE FOR MONEY* OPENING OF MARKETS OFFERS CHANCES TOCOMPETITIVE CONTRACTORS TO WIN
-EITHER CROSS BORDER CONTRACTS
-OR HOME MARKET CONTRACTS THROUGHCONSORTIA, JOINT VENTURE, SUBCONTRACTING ORPARTNERSHIP
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P.P. WHICH ARE EXEMPT FROM THESE RULES(i.e whose contract amounts are below thelevel)MUST STILL RESPECT TREATYPRINCIPLES OF NON DISCRIMINATION ON
GROUND OF NATIONALITY,EQUALTREATMENT,TRANSPARENCY.
THESE CONTRACTS WILL BE SUBJECT TOCOMPETITION USING PUBLICATION AS
APPROPRIATE BUT PUBLICATIONS ARE NOT REQUIREDTO
APPEAR IN O.J.EU
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THE SUPPLIER S PERSPECTIVEHOW TO INCREASE OPPORTUNITIES
AT STRATEGIC STAGE
DEFINING YOUR PRODUCT IN THE PUBLICMARKET
HAVING A MARKETING STRATEGY
TARGETING YOUR MARKET
ASSESSING THE POTENTIAL BARRIERS TOMARKET ENTRY
-REGULATORY
-TECHNICAL -ECONOMIC
-CULTURAL
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ASSESSING REGULARLY CUSTOMER
EXPECTATIONS WILL HELP YOU IMPROVE
YOUR OVERALL COMPETITIVENESS.A CLEAR
PICTURE OF CUSTUMER EXPECTATIONS
QUALITY RELATIVE TO PRICE
DELIVERY
TECHNICAL HELP
ALL ROUND CUSTOMER SERVICE
WILL ALSO MAKE FOR MORE EFFECTIVE BIDS
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.AT BIDDING STAGE
READ CAREFULLY THE REQUIREMENTS STATED IN THETENDER DOSSIER NOT ONLY TECHNICAL BUT ALSOADMINISTRATIVE(MANY CASES OF REJECTION OCCURFOR ADMINISTRATIVE NON COMPLIANCE).OFFERS DONOT INCLUDE WHAT WAS ASKED FOR.
EXPLOIT THE POSSIBILITY OF
*CONSORTIA ,JOINT VENTURE OR PARTNERSHIP
*SUBCONTRACTING TO LOCAL FIRMS
OR BEING SUBCONTRACTOR TO FOREIGN FIRM
*ALLOTMENT
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DO NOT LEAVE THE PREPARATION OF YOUR OFFER
TO THE LAST MOMENT.LEARNING LOCAL
REGULATION(ON CUSTOMS TAXES ORLABOUR)CREATION OF CONSORTIA,JOINT
VENTURE,OR SUBCONTRACTING MAY BE TIME
CONSUMING.
INVOLVE ALL MANAGERS IN WRITING OF BID.BIDSUBMITTED BY SALES MANAGER ALONE COULD
CONTAIN DISASTROUS ERRORS OR PROMISES
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USE THE LANGUAGE OF THE COUNTRY OFC.A.(IF NOT OTHERWISE STATED) WHEN YOURESPOND TO TENDER;THE FACT THAT EUR.O.J. PUBLICATIONS ARE TRANSLATED INTOMEMBER STATE LANGUAGES MAY MISLEADREADERS AS TO THE APPROPRIATELANGUAGE FOR TENDERING.
LOCAL PRESENCE HAS MANYADVANTAGES.IN PARTICULAR SUB-
THRESHOLD OPPORTUNITIES,WHICH ARE NOTREQUIRED TO BE ADVERTISED IN THE O.J.,CAN OFTEN ONLY BE IDENTIFIED BY HAVINGTHIS PRESENCE.
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HOW TO BE INFORMED
A P.P. INFORMATION SYSTEM(SIMAP) HASBEEN LAUNCHED BY THE COMMISSION INCOLLABORATION WITH THE MEMBER STATES
HTTP://WWW.SIMAP.EU.INT
THIS NEW ELECTRONIC TOOL IMPROVESQUALITY OF INFORMATION ON P.P. ANDMAKES P.P. MORE EFFICIENT FORCONTRACTING AUTHORITIES AND FORSUPPLIERS:
http://www.simap.eu.int/http://www.simap.eu.int/ -
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SIMAP
EASY ON-LINE ACCESS
*TO TENDER OPPORTUNITIES
FOR SUPPLIERS
*TO STANDARDISED NOTICES
FOR C.A.
IT PROVIDES
*ON-LINE VERSION OF O.J.
PUBLICATIONS OF TENDERS:
TENDER ELECTRONIC DAILY(T.E.D.)
*PROCUREMENT OPPORTUNITIES
DATABASES(BY COUNTRY,INTERN
ATIONAL AND EUROPEAN INSTITUTIONS)
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*COMMON PROCUREMENT CODE(C.P.V.)
*FORMS OF THE O.J. FOR CONTRACTNOTICE,PRIOR INFORMATION AND CONTRACTAWARD
*SUPPORT FOR PROBLEM SOLVING
THROUGH
*THE EUROPEAN PUBLIC
NETWORK(PPN) CONTACT POINT *THE SOLVIT CENTER IN YOUR
COUNTRY
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THE C.P.V. IS A CODE WHICH
*FACILITATES THE PROCESSING OF INVITATION TOTENDER PUBLISHED IN THE O.J. BY MEANS OF A SINGLECLASSIFICATION SYSTEM TO DESCRIBE THE SUBJECTMATTER OF PUBLIC CONTRACT.
*IMPROVES THE TRANSPARENCY.
*HELPS THE SUPPLIERS TO IDENTIFY QUICKLY THEOPPORTUNITIES.
*HELPS THE C.A. TO BROADEN COMPETITION.
*WILL BECOME COMPULSURY WITH THE ADOPTION OFTHE REVISED EUROPEAN DIRECTIVES.
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OTHER SOURCES OF
INFORMATION
DIRECT LINK TO OFF. JOURNAL OF E.C.
TED HTTPP://TED.EUR.OP.EU.INT
TAILORED SERVICES
EURO INFO CENTERS(EIC) WHICH
PROVIDE SPECIALISED INFO AND
ADVISORY SERVICES TO HELP
COMPANIES TO DEVELOP BUSINESS INE.U.(FINDING PARTNERS MARKET
INFO)
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EUROPEAN ORGANISATION FOR TESTING AND
CERTIFICATION(EOTC) HTTPP://WWW.EOTC.BE
TRADE ASSOCIATIONS CAN BE VERY
HELPFUL.CAN GIVE DEEPER INSIGHT INTOLEGAL ISSUES PERTAINING TO
P.P.(CONTRACTS,STANDARDS) WITHIN YOUR
SECTOR
CEN(HTTPP://CENORM.BE) ANDCENELEC(HTTPP://CENELEC.BE)FOR
STANDARDS
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COMMON PRACTICE IN P.P.
DIRECTIVES LEAVE TO NAT. AUTH. THE CHOICE OFFORMS AND METHODS TO BE INCLUDED IN NAT.LEGISLATION TO ACHIEVE THE OBJECTIVES THEY FIXE
DIRECTIVES DO NOT GIVE CODES OF PROCEDURE.THEYFIXE CERTAIN RULES TO BE APPLIED
THE EU LEGISL. DOES NOT REPLACETHE NAT. LEGISL.ITDEFINES THE FRAMEWORK IN WHICH THE NAT.LEGISL.MUST APPLY AND AUTH.MUST OPERATE.IT ISTRANSPOSED IN THE NAT. LEGISL.
IT LEAVES ROOM HOWEVER TO DIFFERENT NAT. P.P.
PRACTICES/IMPLEMENTATION MEASURES
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STAGES OF PUBLIC PROCUREMENTPROCESS
1. JUSTIFICATION & PREPARATION OF ACTIONSSUBJECT TO P.P. PLANNING
2. CHOICE OF PROCEDURES
3. ELABORATION OF TENDER DOSSIER
4. INFORMATION/PUBLICATION
5. INVITATION TO TENDER
6. SUBMISSION & OPENING OF OFFERS
7. EVALUATION OF OFFERS
8. AWARD OF CONTRACT
9. IMPLEMENTATION OF CONTRACT MANAGEMENT
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PHASE 1 AIMS AT ASSESSING THE NEEDS ANDDEFINING THE BEST SOLUTION TO FULLFILTHESE NEEDS
PHASES 2 TO 8 IS THE TENDER PROCEDURE
PROPER PHASE 9 AIMS AT MONITORING AND
CONTROLING THE CONTRACT
PHASE 1 AND/OR PHASE 9 CAN BE
OUTSOURCED TO A CONSULTANT/EXPERTWHICH AT THE SAME TIME MUST KNOW WELLTHE MARKET AND BE INDEPENDANT
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1) JUSTIFICATION & PREPARATIONOF ACTIONS SUBJECT TO P.P.
GENERAL OUTLINE & TECHNICAL DEFINITION(to say if it is part of astrategy/define time scale)
START ADMIN.&LEGAL CLEARANCE(permit to build orsupply)BEFORE LAUNCHING TENDERS
INVOLVEMENT OF STAKEHOLDERS
TOTAL COST EVALUATION/assessment of the choice of
contract(fixed or revisable prices) ECONOMIC & SOCIAL JUSTIFICATION OF THE INVESTMENT
(INCLUDING WHOLE LIFE COST OF INVESTMENT)
ENVIRONMENTAL IMPACT & CHOICE OF TECHNOLOGY
PREPARE BUDGET DECISION TO FINANCE THE PROJECT
PROJECT MANAGEMENT ORGANISATION(staff/team)
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ELABORATION OF TECHNICAL SPECIFICATIONS(REQUIRED
CHARACTERISTICS OF A PRODUCT OR A SERVICE) IS AN
IMPORTANT ELEMENT OF THE PREPARATION
TECHNICAL SPEC. CAN BE
EITHER FIXED OR MUST MEET A MINIMUM LEVEL
OR MAY BE FORMULATED IN TERMS OF PERFORMANCE /
FUNCTIONAL REQUIREMENTS
TECHNICAL SPEC. MUST BE CLEARLY WRITTEN
VARIANTS CAN BE ADMITTED WHEN THE AWARD CRITERIONIS THE MOST ECONOMICALLY ADVANTAGEOUS
SUB-CONTRACTING CAN BE ADMITTED
TENDER CAN BE DIVIDED INTO LOTS
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RECOMMANDATIONS
!!Any advice may be used in the preparation oftechnical specifications provided that it doesnot have the effect of precludingcompetition.
!!Any involvment of one potential contractor inthe preparation of a tender excludes itautomatically from participating to the sametender
!! In the case of works contracts or importantsupply contracts the role of the supervisormust be clearly defined
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!! technical spec. shall not have the effect
of creating unjustified obstacles to the
opening of p.p. to competition
!! technical spec. shall not refer tospecific make or service. In exceptional
cases such reference shall be
accompagnied by the word orequivalent .Idem when reference is made
to a specific norm or standard.
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!! Project cannot be fractionned in
different tenders.It is not possible to
disagregate.It can only be divided into
lots !! Mandatory national technical rules can
be applied to the extent that they are
compatible with community law.
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TECHNICAL BARRIERS ARE A REALITY OFEUROPEAN MARKET
DIFFERENCES IN NATIONAL STANDARDS ANDTHE CONFORMITY CERTIFICATION
PROCEDURES ARE A MAJOR OBSTACLE EC P.P. PROCUREMENT LEGISLATION
PROMOTES THE USE OF RELEVANTEUROPEAN STANDARDS WHERE THEY EXIST
! !NATIONAL STANDARDS CANNOT BE USEDTO DISCRIMINATE AGAINST OTHER EC ORIGINPRODUCTS
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2) CHOICE OF P.P. PROCEDURES
To award procurement contracts:choice
between
-OPEN PROCEDURE (OP)
-RESTRICTED PROCEDURE (RP) -NEGOTIATED PROCEDURE (NP)
-ACCELARATED PROCEDURE as an exception
And in the future(new directive)
-FRAMEWORK CONTRACT
-COMPETITIVE DIALOGUE
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3) ELABORATION OF TENDERDOSSIER
1. Instructions to Tenderer(content of tender, lots, period of validity, variant solutions,pre-tender visit)2. Special Conditions(amendments to general conditions or ad hoc clauses)
3. General Conditions (include legal and administrative provisions)
4. Technical Specifications(either fixed or must meet a minimum level or meetperformance/functional requirements)
5. Bill of quantities, price breakdown
6. Bank Guarantee Models(for submission, for advance payments, for performance)
7. Note of General Information (concerning customs, tax and price laws andregulations)
8. Procedural Rules on Conciliation and Arbitration of Contracts(usually included in the general conditions)
9. Informations asked to tenderers to assess their qualification10. Must indicated if it is a fixed non revisable price contract or
revisable price contract with price revision formula.
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4) INFORMATION/PUBLICATION
OBLIGATION FOR CONTRACTING AUTHORITIES : TO INFORM THE WISH TO AWARD PUBLIC CONTRACTS OR
FRAMEWORK AGREEMENTS: yearly indicative notices & invitationto tenders
TO INFORM RESULTS OF PROCEDURE OF AWARD (48 days afteraward of contracts or conclusion of a framework agreement)
BEYOND THE THRESHOLDS OF THE E. U. DIRECTIVE ALLTENDERS MUST BE PUBLISHED TO THE EU O.J.:SERVICES & SUPPLIES CONTRACTS: 162.000 OR 249.000
depending on the type of Public Authority listed in annex to thedirective
WORKS CONTRACTS: 6.242.000
BELOW THE THRESHOLDS ADEQUATE PUBLICITY MUST BE
DONE TO ENSURE FAIR COMPETITION
!! DO NOT LAUNCH A TENDER BEFORE THE BUDGET ISSECURED.
! !BEFORE THE ACTUAL TENDER PROCEDURE C.A. MAYISSUE A PRE-INFORMATION NOTICE.ITIS NOT AN INVITATIONTO CONTRACTORS TO TENDER
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5)CONTRACT NOTICE / INVITATIONTO TENDER
CONTRACT NOTICE INDICATES
.AWARD PROCEDURE CHOOSEN(OP,RP..)
.FORM OF CONTRACT (service,supply,works)
.LANGUAGE
.CRITERIA OF THE AWARD OF CONTRACT
.INFORMATIONS REQUESTED CONCERNING
SUPPLIERS PERSONAL POSITION
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FOR O.P.
PLACE WHERE CONTRACT
DOCUMENT MAY BE REQUESTED
FINAL DATE FOR RECEIPT OF
TENDERS
DATE ,TIME ,PLACE OF OPENING
VALIDITY PERIOD OF THE BID
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FOR R.P. FINAL DATE FOR RECEIPT TO
PARTICIPATE
ENVISAGED Nb OR RANGE OF SUPPLIERS
WHO WILL BE INVITED TO TENDER FINAL DATE FOR DISPATCH OF
INVITATION TO TENDER
IN THAT CASE THE INVITATION TOTENDER WILL BE MADE IN WRITING AND SENTSIMULTANEOUSLY TO ALL SELECTEDCANDIDATES TOGETHER WIYHBTHE TENDERDOCUMENT
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THREE CATEGORIES OF CRITERIA
BIDDER RELATED CRITERIA:FOR
SELECTION AND QUALIFICATION.
TENDER RELATED CRITERIA: FOR
EVALUATION OF OFFERS.
AWARD CRITERIA: ONLY TWO
-THE LOWEST OFFER
-OR THE MOST ECONOMICALLY
ADVANTAGEOUS OFFER.(best overall
combination of price and quality)
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CRITERIA AND/OR THEIR RELATIVE
WEIGHTING CANNOT BE CHANGED
AFTER OFFERS HAVE BEEN SUBMITTED
IF THEY ARE CHANGED AFTERPUBLICATION AND BEFORE
SUBMISSION,DATE OF SUBMISSION
MUST BE POSTPONED
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6)SUBMISSION& OPENING OF
OFFERS
This applies only for open procedure(OP)andrestricted procedure(RP)
TIME LIMITS from the date contract notice issent:(regulation 1182/71/EEC governs time limit
calculation) -for OP:52 days to submit an offer
-for RP:37 days to submit a request toparticipate
40 days after invitation to participate issent to submit an offer
OPENING(generally public)
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7) EVALUATION OF OFFERS
MADE BY AN EVALUATION COMMITTEE WHICH ELABORATES AN ENDOF EVALUATION REPORT WITH A PROPOSAL TO AWARD THECONTRACT
SELECTION OF PARTICIPANTS
PRINCIPAL SELECTION OR QUALIFICATION CRITERIA USED:
- SUBJECTIVETECHNICAL AND/OR PROFESSIONAL CAPACITY
ECONOMIC AND FINANCIAL STANDING
-OBJECTIVE
RESPONSIVENESS TO ADMIN. AND TECHN. REQUIREMENTS
PERSONAL SITUATION OF TENDERER,SUCH AS BANKRUPT,CORRUPTION,PROFESSIONALMISCONDUCT
ADMINISTRATIVE DOSSIER UNCOMPLETE
CONFLICT OF INTEREST
! ! In the case of RP this selection is made at the pre-qualification level, i.e. before sending the tenderdossier. A minimum of 5 candidates invited to submit a tender is required.
!! In the case of NP a minimum of 3 candidates invited to negotiate
is required
!! Only selected participants/bids are evaluated
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. AWARD CRITERIA
eitherTHE LOWEST PRICEtender administratively and technically compliant
orTHE MOST ECONOMICALLY ADVANTAGEOUS TENDER ( Based onevaluation criteria such as quality, price, technical merit, functionalcharacteristics, environmental characteristics, running costs, cost-effectiveness, after sales service and technical assistance, delivery date or
period of completion).! ! Relative weighting given to each criteria must be specified in the invitation
to tender notice
! ! Techn. Spec. are selection criteria if they are fixed requirementsare evaluation criteria if they must meet with a min.
level
! ! Changing criteria or even a change in relative importance of criteria isnot permitted
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WRITTEN REPORT SHALL INCLUDE:
NAMES OF TENDERERS ADMITTED AND REASONS
NAMES OF TENDERERS REJECTED AND REASONS
NAME OF TENDERER TO WHICH IT IS PROPOSED TO AWARD THE
CONTRACT! ! ABNORMALLY LOW TENDER
Before rejection, explanations are requested and analysis is made
taken into consideration:
ECONOMICS OF PROCESS
TECHNICAL SOLUTIONS CHOOSENEXCEPTIONALLY FAVOURABLE CONDITIONS AVAILABLE
ORIGINALITY OF SUPPLIES, SERVICES, WORKS PROPOSED
STATE AID
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ForSupply and Civil Works Contract the evaluation of the
most economically advantageous offer is made through a
matrix including the evaluation criteria, their scores &
their relative weights
Offer 1 Offer 2Evaluation criteria A score (1-100) B weight (%) (AxB) (AxB)
-------------- ------------- -------- ------ -------
-------------- ------------- -------- ------ -------
-------------- ------------- -------- ------ -------
Total = 100 Total= Total =
The contract is awarded to the highest score
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. FOR SERVICE CONTRACTS THE EVALUATION OF
THE MOST ECONOMICALLY ADVANTAGEOUS
OFFER IS MADE BY WEIGHTING QUALITY & COST
FOLLOWING A CERTAIN RATIO (FOR EX. 80/20) SCORES GIVEN TO TECHNICAL OFFER ARE MULTIPLIED BY
0,80
SCORES GIVEN TO FINANCIAL OFFER ARE MULTIPLIED BY
0,20
THE CONTRACT IS AWARDED TO THE OFFER
HAVING THE HIGHEST FINAL SCORE ( addition of
technical score & financial score)
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HOW TO SCORE TECHNICAL & FINANCIAL OFFERS?
TECHNICAL OFFER:EACH EVALUATOR SCORES IT (up to a maximum of 100 points)
TAKING INTO ACCOUNT RELATIVE WEIGHT OF EACH FACTOR BY
WHICH THE QUALITY CAN BE ASSESSED (methodology, staff profile)
AVERAGE TECHNICAL SCORE IS THEN ATTRIBUTED TO EACH
OFFER
ONLY TECHNICAL OFFERS HAVING REACHED SCORE > 80 ARE
RETAINED
THE FINAL TECHNICAL SCORE OF EACH RETAINED OFFER IS
DETERMINED AS FOLLOWS: (AVERAGE TECHNICAL SCORE OF THE OFFER / AVERAGE
TECHNICAL SCORE OF THE BEST TECHNICAL OFFER) x 100
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.FINANCIAL OFFER:
ONLY FINANCIAL OFFER OF THE TECHNICAL OFFERS RETAINED
ARE CONSIDEREDSCORE OF 100 IS GIVEN TO THE LOWEST FINANCIAL OFFER
FINANCIAL SCORE OF OTHER OFFERS IS DETERMINED AS
FOLLOWS:
(COST OF THE LOWEST OFFER / COST OF THE OFFER) x 100
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8) AWARD OF CONTRACT
THERE ARE ONLY 2 CRITERIA TO AWARD CONTRACTS:LOWEST PRICE
MOST ECONOMICALLY ADVANTAGEOUS TENDER
COMPOSITION OF A CONTRACT:
PART I + PART II + TECHNICAL ANNEXES
Special Conditions General Conditions Technical Specifications,(ad hoc clauses or (no modifications Tenderer offer (comprising
amendments to possible), among others
general conditions) modalities of execution and
price)
Order of precedence of contract documents must be indicated.Minutes of
information meetings and site visits are part of the contract document
CONTRACT SENT BY CONTRACTING AUTHORITY TOCONTRACTORS FOR SIGNATURE
INFORMATION TO ALL CANDIDATES OF RESULTS OF
PROCEDURE OF AWARD
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9) IMPLEMENTATION OFCONTRACT
A CONTRACT IS A LEGAL COMMITMENT BETWEEN CONTRACTINGAUTHORITY (C.A.) & CONTRACTOR . C.A. MUST PROCEED WITH:
CONTINUOUS SUPERVISION OF THE EXECUTION TO ENSURE THATCONTRACTOR FULLFILL THE TERMS(LEGAL, ADMIN.&TECNICAL)OF THE CONTRACT
QUALITY CONTROL
COST CONTROL
MONITORING OF IMPLEMENTATION TIMETABLE (Delays)
CHECKING THE BILL OF QUANTITIES
DEALING WITH VARIATION ORDERS
VERIFICATION OF PAYMENT ORDERS
MANAGEMENT OF BANK GUARANTEES
PENALTIES CALCULATION (IF NECESSARY)
CLAIMS ANALYSIS/ ARBITRATION, CONCILIATION MANAGEMENT ( IFNECESSARY) PROVISIONAL ACCEPTANCE
FINAL ACCEPTANCE
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10) MAIN FACTORS OF RISK(I)
UNCOMPLETE PREPARATION OF ACTIONSTAKEHOLDERS NOT OR NOT ENOUGH INVOLVED
WRONG COST EVALUATION
WRONG ENVIRONMENTAL IMPACT ASSESSMENT AND CHOICE
OF TECHNOLOGYWEAK OR WRONG ECONOMIC/SOCIAL JUSTIFICATION
MISSING TO CONSIDER WHOLE LIFE COST OF INVESTMENT
TENDER DOCUMENT
TECHNICAL SPECIFICATIONS NOT CLEAR ENOUGH
DOSSIER UNCOMPLETE OR TOO VAGUE ON ADMINISTRATIVE
& LEGAL ISSUES (delays, penalties, bank guarantees)
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10) MAIN FACTORS OF RISK(II)
EVALUATION OF OFFERSWRONG ASSESSMENT OF TECHNICAL CAPABILITY & ECONOMIC &
FINANCIAL STANDING OF CONTRACTOR
IMPLEMENTATION OF CONTRACT
CONTRACTING AUTHORITY DOESNT FULFILL ITS OBLIGATION
WEAK SUPERVISION INSUFFICIENT QUALITY CONTROL
COST CONTROL
TIMETABLE CONTROL
POSSIBLE RISKS ARE:
Cost overuns / Quality not up to Standards / Delays / Breach of
contract/ Claims / Arbitration / Termination of contract.
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OPTIONAL MOD L
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OPTIONAL MODULE
EVALUATION OF TENDERS A For supply and works contracts
1-Assessment of the tenderers capacity to execute the contract(financialsituation as well as technical and professional capacities)
2-Evaluation of technical offers
.administrative compliance(yes or no grid)
.technical compliance(to assess whether or not the competing tenders meetthe minimum technical requirements criteria)
3-Evaluation of financial offers(arithmetical errors ,if any,are corrected.If thetender procedure contains several lots, financial offers are compared for eachlot.The financial evaluation will have to identify the best financial offer for eachlot)
4-Choice of contractor
For works contracts the tender offering best value for money is the leastexpensive tender classified astechnically compliantduring technical
evaluation. For supply contracts the tender offering best value for money is selected using a
matrix including evaluation criteria(such as functionalcharacteristics,environmental characteristics,running costs,after sales serviceand technical assistance,delivery date).The contract is awarded to the tenderachieving the lowest score.
OPTIONAL MODULE
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OPTIONAL MODULE
EVALUATION OF TENDERSB For service contracts
Technical offers and financial offers must be put in two separate sealed envelopes.Theevaluation procedure starts with the evaluation of technical offers.
1-Evaluation of technical offers
Each evaluator awards each offer a score out of a maximum 100 points in accordancewith the technical evaluation grid.The aggregate final score is the arithmetic average of theindividual scores.Any tender falling short of the 80 point threshold is automatically rejected.
The committee considers only tenders that have obtained at least 80 points.Of thesetenders,the best technical offer is then awarded 100 points.The others receive pointscalculated by means of the following formula:
Points=(initial score of the tender in question / initial score of the best technical offer)x100
2-Evaluation of financial offers
Arithmetic errors,if any,are corrected.
The lowest financial offer receives 100 points.The others are awarded points by means ofthe formula:
Points=(lowest financial offer /financial offer considered)x100
3-Choice of contractor The tender offering best value for money is selected using an 80/20 weighting
distribution between technical quality and price.This is done by multiplying:
the scores awarded to the technical offers by 0.80
the scores awarded to the financial offers by 0.20
The resulting technical and financial scores are then added together, and the contract isawarded to the tender achieving the highest score.
OPTIONAL MODULE
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OPTIONAL MODULE
EVALUATION OF TENDERS
GENERAL CONSIDERATIONS IN ALL ABOVE CASES
A Selection and award criteria should be precise, non-
discriminatory and not prejudicial to fair competition
B The chairman of the evaluation committee must check that nomember has a potential conflict of interest with any of the
tenderers
C The entire tender procedure is confidential from the end of the
tender opening session to the signature of the contract by both
parties.
OPTIONAL MODULE
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OPTIONAL MODULE
CONTENT OF A TENDER DOSSIER
A For works and supply contracts
1- Instruction to tenderers
2- Additional notice to tenderers
3-Tender submission form
4-Contract form
5-Special conditions
6-General conditions7-Technical Specifications
8-Description of tender evaluation system giving the criteria for evaluation
and the weight attached to each individual criteria
9-Financial offer(model) price schedule and breakdown,bill of quantities
10-Tender guarantee (form)
11-Performance guarantee (form)
12-Prefinancing payment guarantee (form)
The tender must clearly state whether or not the tender must be made
fixed,non-revisable price.If not,the tender dossier must lay down the formula
for revising prices during the life time of the contract.
OPTIONAL MODULE
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OPTIONAL MODULE
CONTENT OF A TENDER DOSSIERDETAILS OF EACH ABOVE ITEMS (only main issues to be included are mentionned here below.For full
information about procedure,standard dossiers,templates, models and forms please consult thefollowing web page:http://europa.eu.int/comm./europeaid/tender/gestion/index en.htm. )
1-Financing,participation,timetable,period of validity of tenders,variant solutions,lots,clarification
meeting/site visit,opening of tenders,criteria of selection and award with their weighting,joint
venture/consortium,subcontracting
2-General information about the tenderer,financial statement,financial identification form,technical
qualifications
For works tender dossier:Overview of tenderers personnel,personnel to be employed on thecontract,professional experience of key personnel,plant ,workplan and programme,design documents
and drawings
5-Period of execution,commencement order, contractors drawings,and any conditions which
amplify,supplement or derogate from the general conditions and,when they conflict,override them.
For works tender dossier: Supervisor,variations and modifications,
For supply tender dossier: Inspection and testing,delivery,after sales service,warranty
6-Consult the above mentioned web page for standard text.
Includes legal and administrative issues among others obligations of the contracting authority and
of the contractor,breach of contract and termination,dispute settlement.This document is kept as it is.
7-To be specified by the contracting authority
3-4-9-10-11-and 12- Consult the above web page for models and forms
OPTIONAL MODULE
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OPTIONAL MODULE
CONTENT OF A TENDER DOSSIER
B For service contracts
1-Instructions to tenderers
2-Shortlist of candidates
3-Special conditions
4-General conditions
5-Terms of reference
6-Budget breakdown7-Tender submission form
8-Contract form
9-Format for a guarantee for pre-financing payments
DETAILS OF EACH ABOVE ITEMS(only main issues to be included are mentioned here
below)
1-Selection and award criteria and their weightings,whether interviews of key experts
will be held,whether variants are allowed,whether subcontracting is permitted,maximum
budget available for the contract
2-Stipulate that candidates cannot form alliances
5-Provisional timetable
PROCUREMENT PROCESS
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PROCUREMENT PROCESS
INVITATION TO TENDER(Notice)
TENDER DOSSIER
(Contents of tender dossier,Clarification of tender
information,Amendments to tender dossier)
INSTRUCTIONS TO TENDERERS(Contents of tender,Lots,Independence of tenderers,Pricing of
tenders,Period of validity,Tender guarantee,Variant solutions,Pre-
tender visit,Signing of tenders
EXAMINATION OF TENDERS
(Opening of tenders,Evaluation of tenders,Annulment of tender
procedure)
AWARD OF CONTRACT
(Notification of award)
GENERAL CONDITIONS FOR
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GENERAL CONDITIONS FOR
CONTRACTS1 GENERAL CONDITIONS FOR CONTRACTS
PRELIMINARY PROVISIONSSuch as law of the contract
Order of precedence of contract documents
Sub-contracting
OBLIGATIONS OF THE CONTRACTING AUTHORITY
Such as -supply of documents-access to site
OBLIGATIONS OF THE CONTRACTOR
Such as -performance guarantee
-insurance
-performance programme
-detailed breakdown of prices
-contractors drawings
-staff
-patents and licences
GENERAL PROVISIONS FOR
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GENERAL PROVISIONS FOR
CONTRACTSCOMMENCEMENT AND DELAYS
Such as -commencement orders
-period of performance
-delays in performance
-variations
-suspension
MATERIALS AND WORKMANSHIPSuch as -quality of supplies,works and materials
-inspection and testing
-rejection
PAYMENTS
Such as -advances-retention sums
-revision of prices
-interim payments
-final statement of account
GENERAL PROVISIONS FOR
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GENERAL PROVISIONS FOR
CONTRACTSACCEPTANCE
Such as -delivery
-test on completion
-provisional acceptance
-after sales service
-final acceptance
BREACH OF CONTRACT AND TERMINATIONSuch as -breach of contract
-termination by the contracting authority
-termination by the contractor
-force majeure
SETTLEMENT OF DISPUTES2 PROCEDURAL RULES ON CONCILIATION AND ARBITRATION
OF CONTRACTS
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.