Bölgesel Rekabet Edebilirlik Operasyonel Programı nın Uygulanması için Kurumsal

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 Service Contracts – version November 2010 Advance Module – Day I RCP-CIC By: Berk Babila, Managing Director - Ecorys in Turkey berk. babila@ecorys. com. tr Ankara, 15 March 2011 Advanced Training PRAG Services 15 -17 March 2011 1

This project is co-financed by the European Union and the Republic of Turkey Content 1. 2. 3. 4. 5. Introduction Individual Contract Forecasts Procurement Notice Selection Criteria Establishment of Shortlists Advanced Training PRAG Services 15 -17 March 2011 2

This project is co-financed by the European Union and the Republic of Turkey Service Contracts Introduction • Technical and economic support in the course of cooperation policy involves recourse to outside know-how on the basis of service contracts, most of them for studies or technical assistance - Studies (global price): Identification and preparation of projects, feasibility studies, economic and market studies, technical studies, evaluations and audits - Technical Assistance (fee based): To play an advisory role, to manage or supervise a project, to provide the experts specified in the contract Advanced Training PRAG Services 15 -17 March 2011 3

Individual Contract Forecasts This project is co-financed by the European Union and the Republic of Turkey Setting out the specific characteristics of the tender procedure • Restricted Tenders – Contracts ≥ € 200 K - Widest possible participation – competitive tendering - Transparency • Brief indication of the subject, content and value of the contracts (Annex B 1) • Not binding the CA to finance the proposed contract(s) • Published on the OJ of the EU, Europe. Aid website and other appropriate media • At least 15 days before the intended day of publication • At least 30 days before the publication of the PN Advanced Training PRAG Services 15 -17 March 2011 4

Individual Contract Forecasts (2) This project is co-financed by the European Union and the Republic of Turkey • - Checklist Conformity Tender foreseen by FA/FM and OIS? Budget in line with FA/FM and OIS? Conditionality (if any) fulfilled? FN Type of procedure? Programme? Financing? CA? Nature of the contract? Contract description short and clear and in line with OIS? Intended time of publication? Procurement Plan? Legal Basis? Advanced Training PRAG Services 15 -17 March 2011 5

This project is co-financed by the European Union and the Republic of Turkey Exercise Forecast Notice • Preparing a Forecast Notice Advanced Training PRAG Services 15 -17 March 2011 6

This project is co-financed by the European Union and the Republic of Turkey Procurement Notices Setting the framework • • • For all service contracts ≥ € 200 K Setting the criteria for determining the capacity of ‘would be service providers’ to fulfill the contract in question (Annex B 2) Published on the OJ of the EU, Europe. Aid website and other appropriate media At least 15 days before the intended day of publication Minimum deadline for submitting the applications is 30 days (depending on the contract’s size and complexity) from the publication in the OJ of the EU Advanced Training PRAG Services 15 -17 March 2011 7

Procurement Notices (2) This project is co-financed by the European Union and the Republic of Turkey • - Checklist Conformity Tender is covered by FA/FM and OIS? Realistic timing? Beneficiaries, objectives and purposes, scope of services, budget in line with FA/FM and OIS? Conditionality (if any) fulfilled? Suspension Clause? PN Ref. no. , contract title, programme, financing, CA and contract description in line with FN? Provisional timetable acceptable? Selection criteria verifiable on the basis of the application format? Re-examination of the technical criteria justifiable? Legal basis? Advanced Training PRAG Services 15 -17 March 2011 8

Selection Criteria This project is co-financed by the European Union and the Republic of Turkey • • • General Principles Clear and non-discriminatory regardless of the contract value and the type of procedure The selection criteria must be: clearly formulated, without any ambiguity easy to verify on the basis of the information submitted using the standard application form (Annex B 3) 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 Advanced Training PRAG Services 15 -17 March 2011 9

This project is co-financed by the European Union and the Republic of Turkey Selection Criteria (2) AVOID! • • 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 Advanced Training PRAG Services 15 -17 March 2011 10

This project is co-financed by the European Union and the Republic of Turkey Selection Criteria (3) Process • • • Verification of the eligibility of tenderers or candidates Verification of the financial and economic capacities of tenderers or candidates Verification of the technical and professional capacities of tenderers, candidates and their managerial staff Advanced Training PRAG Services 15 -17 March 2011 11

This project is co-financed by the European Union and the Republic of Turkey Selection Criteria (3) Checklist • - - Economic and financial capacity of candidate 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 the average annual turnover of the candidate must exceed the annualised maximum budget of the contract (i. e, the maximum budget stated in the procurement notice divided by the initial contract duration in years, where this exceeds 1 year); and the averages of cash and cash equivalents at the beginning and end of year are positive Advanced Training PRAG Services 15 -17 March 2011 12

Selection Criteria (4) This project is co-financed by the European Union and the Republic of Turkey Checklist (2) • - Professional capacity of candidate has sufficient ongoing staff resources and expertise to be able to handle the proposed contract is not a so-called 'body shop', i. e, a candidate with no real expertise in fields related to the contract but which simply identifies and proposes experts to fit the project description 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. Advanced Training PRAG Services 15 -17 March 2011 13

This project is co-financed by the European Union and the Republic of Turkey Selection Criteria (5) Checklist (3) • Technical capacity of candidate has sufficient expertise and experience to be able to handle the proposed contract • Example of technical criterion for legal persons the candidate has worked successfully on at least < one / two / three > project<s> with a budget of at least that of this contract in fields related to this contract in the past three years • If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the eight best applications for the tender procedure. The only factors which will be taken into consideration during this reexamination are. . . Advanced Training PRAG Services 15 -17 March 2011 14

This project is co-financed by the European Union and the Republic of Turkey Exercise Selection Criteria • Determining the selection criteria (Article 21 of the PN) Advanced Training PRAG Services 15 -17 March 2011 15

Establishment of Shortlists The Evaluation Committee Voting Members minimum 3 for service & supply tenders and minimum 5 for works tenders Evaluator have equal voting rights Non-voting Members Evaluator possess the technical and administrative capacities necessary to give an informed opinion on the tenders Chairperson Secretary to ensure respect for PRAG procedures, impartiality and transparency of the evaluation keeping minutes, registering attendance and drafting the Evaluation Report Evaluator are appointed and nominated on a personal basis by the Contracting Authority Advanced Training PRAG Services 15 -17 March 2011 must sign a Declaration of Impartiality & Confidentiality (including non-voting members) should attend all meetings whereby any absence has to be recorded and explained in the evaluation report 16

This project is co-financed by the European Union and the Republic of Turkey Establishment of Shortlists (2) Verification of the capacity of the tenderers • The selection procedure - Establishing a long list - Eliminating candidates who are ineligible or fall into one of the situations under PRAG 2. 3. 3 and 2. 3. 5 - Applying the selection criteria WITHOUT any modification Advanced Training PRAG Services 15 -17 March 2011 17

This project is co-financed by the European Union and the Republic of Turkey Establishment of Shortlists (3) Longlist • - Registering the applications Leader (nationality) Other members, if any (nationality) Time of receipt (within the deadline) Use of standard application form and verification of only one application submitted per candidate Eliminating the candidates who are ineligible Eligibility of nationality Declaration(s) – PRAG 2. 3. 3 (as per Article 7 of the application form) Advanced Training PRAG Services 15 -17 March 2011 18

This project is co-financed by the European Union and the Republic of Turkey Establishment of Shortlists (4) Longlist (2) • • Applying the selection criteria WITHOUT any modification Economic and financial capacity Professional capacity Technical capacity Comments (such as ‘satisfying all the eligibility criteria’ or ‘failed on 21. 1. 1’ or ‘no satisfactory references – failed on 21. 3. 1’ or ‘relatively weak at 21. 3. 1 compared to other satisfactory applicants after reexamination’ or ‘Stronger references than those of the re-examined other applicants 21. 3. 1’ or ‘not received within the deadline’) Status after re-examination: (E)liminated/(R)etained Shortlisted: (Y/N) ALWAYS justify/explain the basis of your selection/rejection in order to avoid rejections from the EU Delegation Advanced Training PRAG Services 15 -17 March 2011 19

This project is co-financed by the European Union and the Republic of Turkey Establishment of Shortlists (5) Shortlist • • The service providers offering the best guarantees for the satisfactory performance of the contract are shortlisted Shortlist contains between 4 and 8 candidates No. of candidates > 8, apply the additional criteria published in the PN No. of candidates < 4, the CA may only invite those satisfying the criteria to submit a tender Advanced Training PRAG Services 15 -17 March 2011 20

This project is co-financed by the European Union and the Republic of Turkey Exercise What should we do if, • • • there is an application in fewer number of copies than required there is a declaration which has not been signed or contains a scanned signature more than 15 references are submitted in one of the applications the numbering of references is incorrect a single reference appears to contain more than one project there is a reference referring to a joint undertaking with another entity inconsistent declaration of shares for the same project reference by the tenderers a voting member(s) having some knowledge or experience with a tenderer(s) a voting member using her/his mobile phone in the shortlisting meeting room Advanced Training PRAG Services 15 -17 March 2011 21

This project is co-financed by the European Union and the Republic of Turkey Exercise Longlist • Register the application submitted by consortium X and assess the ‘economic and financial capacity’, ‘professional capacity’ and ‘technical capacity’ of the tenderer Advanced Training PRAG Services 15 -17 March 2011 22

This project is co-financed by the European Union and the Republic of Turkey End of Day I • Questions and Answers Advanced Training PRAG Services 15 -17 March 2011 23