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 Supply Contracts – version November 2010 Advance module – Day II RCP-CIC By: Berk Babila, Managing Director - Ecorys in Turkey berk. babila@ecorys. com. tr Ankara, 30 March 2011 PRAG Supply Contracts Training 29 -31 March 2011 1

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 2

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 • • 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 C 1) 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 Europe. Aid 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 3

This project is co-financed by the European Union and the Republic of Turkey Contract Forecast Notices (2) Checklist • – – – – – 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 4

This project is co-financed by the European Union and the Republic of Turkey Exercise Contract Forecast Notice • Preparing a Contract Forecast Notice PRAG Supply Contracts Training 29 -31 March 2011 5

This project is co-financed by the European Union and the Republic of Turkey Procurement Notices Setting the framework • • • 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 6

This project is co-financed by the European Union and the Republic of Turkey Procurement Notices (2) Checklist • Conformity – – – 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 7

This project is co-financed by the European Union and the Republic of Turkey Procurement Notices (3) Checklist • – – – – – 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 8

This project is co-financed by the European Union and the Republic of Turkey Selection Criteria 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 PRAG Supply Contracts Training 29 -31 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 PRAG Supply Contracts Training 29 -31 March 2011 10

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 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 11

This project is co-financed by the European Union and the Republic of Turkey Selection Criteria (4) Checklist (2) • – – – 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 12

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 <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 13

This project is co-financed by the European Union and the Republic of Turkey Exercise Selection Criteria • Determining the selection criteria (Article 16 of the PN) and preparing the Procurement Notice PRAG Supply Contracts Training 29 -31 March 2011 14

This project is co-financed by the European Union and the Republic of Turkey Tender Documents Drafting the contents of the tender dossier • TD must be carefully drafted for: – the proper execution of the contract – the sound functioning of the procurement procedure • 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. • representatives of the final beneficiaries should participate in the tender preparation at an early stage • the CA is responsible for drawing up these documents • 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 15

This project is co-financed by the European Union and the Republic of Turkey Tender Dossier for Supply Contracts Content (in accordance with Annex C 4) • Letter of Invitation with – – 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 16

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 17

This project is co-financed by the European Union and the Republic of Turkey Tender Dossier for Supply Contracts (3) B. Draft Contract 1. 2. 3. 4. Subject Origin Price Order of precedence of contract documents PRAG Supply Contracts Training 29 -31 March 2011 18

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 19

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 20

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 • • • 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 PRAG Supply Contracts Training 29 -31 March 2011 21

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 22

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 PRAG Supply Contracts Training 29 -31 March 2011 23

Tender Dossier for Supply Contracts (9) B. Annex V – Forms • • • Model Performance Guarantee Pre-financing Guarantee Form Tender Guarantee Form Financial Identification Form Legal Entity File PRAG Supply Contracts Training 29 -31 March 2011 24

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 • 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 – – value added tax (VAT) special consumption tax (SCT) motor vehicle tax customs and import duties and levies and/or taxes of equivalent effect – However the contract is subject to stamp tax! PRAG Supply Contracts Training 29 -31 March 2011 25

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 26

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 27

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 • • Submitted by Contact person Economic and financial capacity Staff resources Fields of specialisation Experience Tenderer’s declaration(s) PRAG Supply Contracts Training 29 -31 March 2011 28