Gicumbi District PUBLIC PROCUREMENT PROCEDURES IN PUBLIC INSTITUTIONS Septembre, 2013
INTRODUCTION For achieving their daily responsibilities, the public procuring entities have to purchase goods, services and works with successful bidders through competition ways. In this regard, the public procurement law, regulations and different rules were put in place for making the whole public procurement process perform well. 20/03/2018
KEY DEFINITION • • • Public procurement-refers to the supplies or goods, works, consultant services and other services as they may be needed by procuring entity; Procuring entity means Central Government authority, Local Government authority, public institution, commission, Government project, parastatal, agency, or any specialized institution engaged in procurement process and entering in contract with a successful bidder. Bid or tender/proposal; Bid validity; Bidding document / RFP-Tender document (DAO/TD)- means the document containing information required for preparation of bids, the award process and the tender execution; Bid Security (garantie de soumission/2%)-guarantee from bank or financial institution allowed for bidding process. Its validity is 30 days after bid validity period; Performance security (garantie de bonne exécution/5 -10%)- is a bank guarantee to insure good performance by the successful bidder; Advance payment security; Addendum/corrigendum; Notification of the tender. 20/03/2018
KEY DEFINITION • • • Bidder (potential/ Un/successful); Accounting Officer; Contract, contractor, Consultant, supplier; Consultancy services and Non consultancy services/physical services; Conflict of interest; Day; Goods or supplies; Joint venture; Tender committee; Subcontractor; Turnkey contract; Works; 20/03/2018
LEGAL AND REGULATORY FRAMEWORK No. Instrument Important Issues Addressed by the Instrument 1. Law N° 12/2007 of 27/3/2007 on Public Procurement - General provisions; - Organization of public procurement organs; - Procurement methods; - Ways and organs for administrative review; - Contract execution /management; - Penalties/sanctions for the violation procurement rules; - Transitional and final provisions. 2 Law No 63/2007 of 30/12/2007 Establishing and determining the organisation, functions and responsibilities of RPPA 3 Law No 25/11 of 30/6/2011, establishing RPPA and determining its missions, organisation and functioning which replaces Law No 63/2007 of 30/12/2007 of
4. Ministerial order N° 001/08/10/min of 15/01/2008 establishing regulations on public procurement and standard bidding documents -Guide on specific application of the legal provisions. -Procurement planning and advertising guide; -Guide on functioning of internal tender committees; -Thresholds on particular methods of procurement ; -Guides on appeal mechanisms; -Guides on bids evaluation and award of contract; -Guides on functioning of independent review panels; 5. Standard Bidding Documents and SBD for works, goods and consultancy services + Request for Proposals, public circular letters. procurement user guide + circulars and instructions (for example, Minecofin, Ministerial Instruction No 001/11/10 of 24/1/2011 ‘establishing the professional code of ethics governing public agents involved in public procurement’.
No. Institution/entity Key roles and responsibilities 1. RPPA (Art. 20) Organization and supervision of procurement matters; -Advisory role on procurement matters to procuring entities; -Procurement capacity building; -Prepare and issue standard documents; -Debarment of bidders; -Technical support to procuring entities. 2. Independent review panels (Art. 21) -Receive complaints that have not been resolved by the procuring entity; -Take and communicate decisions on the complaints.
3. Procurement units in procuring entities -Procurement Planning; -Preparation of bidding documents and related documents; -Publication of invitation for bids -Safe keeping of bids; -Obtaining necessary approvals; -Ensuring effective contract management in collaboration with the user department; -Keeping procurement records. 4. Internal tender committees (Art. 22) -Bids opening ceremonies; -Evaluation of bids; -Recommendation of award of contract.
FUNDERMENTALS PRINCIPLES IN PUBLIC PROCUREMENT (Art. 4) The principles of public procurement are: 1. Transparency (gukorera mu mucyo); 2. Competition (ipiganisha); 3. Economy (kuzigamira Leta); 4. Efficiency (gukora neza no kwihutisha akazi); 5. Fairness (gutanga amahirwe angana); and 6. Accountability (kwirengera ibyemezo byafashwe). 20/03/2018
TYPES OF TENDERS (Art. 2) There are 3 types of tenders; • Tenders of Goods or supplies (fournitures); • Works tenders (travaux); • Services tenders : Consultancy services tenders (services de consultance) or other services (physical services). 20/03/2018
PROCUREMENT METHODS (Chap. 3: Art. 23 -58) • Open competitive bidding (preferred method); • Two – stage tendering (soumission en deux étapes); Other procurement methods: • Restricted tendering /shortlist (L’appel d’offres restreint); • Request for quotation /shopping (Sollicitation des prix /demande de proformats); • Single sourcing /direct contracting (l’entente directe/gré à gré); • Force account (la régie); • Community participation (la participation communautaire). 20/03/2018
PROCUREMENT METHODS (ctd) Procurement method Publication period Threshold amount (seuil de compétence) t respected: International Competitive Bidding (Appel d’Offre International Ouvert) Art. 47 45 - 90 days in International newspaper -1. 2 billion (works); - 600 millions (goods or other services); - 100 millions (consultancy services). National competitive Bibbing ( Art. 23) 30 days 5 Millions - Restricted tendering (Art. 51 - 52) 14 days(national) 21 days ( international) Art. 59 It should be used : Ø when there is a limited number of suppliers or contractors (nature or S to be procured are so highly complex or specialized that only known bidders can meet the requirement) ; Ø when the time and cost required to examine and evaluate a large of bids would be disproportionate to the value of the goods, const or services to be procured in accordance with the threshold set in procurement regulations (1 – 5 Millions ). The time and costs for will be high compared to the value of goods or works to be procur It is required: - Invitation to tender at least to 3 selected bidder from prequalified list of bidders; - No more than 2 bidders of the same country when bidders based in foreign countries are short listed; -An annual prequalification list of bidders.
PROCUREMENT METHODS (ctd) Procurement method Publication period Threshold amount (seuil de compétence) Request for Quotations (Art. 53 -54) 3 days (Art. 59) <= 1 Million -PE requests quotations from at least 3 bidders; no limit to max number of bidders; - The RFQ must include all necessary infos to be included in the price such as: G, W or S to be procured, transportation, insurances, custom duties, other relevant information; - Contract awarded to lowest priced quotation meeting the requirement. Single sourcing (Art. 55 -56) - - If bidder is monopolist; - When the contract is amanded (avenant 20%); - Force majeure; - <= 100, 000 Rwf. Two- stage tendering (Art. 49 -50) - - it is not possible for the procuring entity to formulate detailed specifications for the goods or works in order to obtain the most satisfactory solution to its procurement needs; - when tendering proceedings have been engaged in but no tenders were submitted or all tenders were rejected by the tender committee and when, in the judgment of the tender committee, engaging in new tendering proceedings would be unlikely to result in a procurement contract. Force account - - - ØWhen the beneficiary community may participate in delivery of services; ØTo enhance economy, create employment and involvement of the beneficiary community; ØNot more than 20 millions (Art. 57) Community participation (Art. 58)
PROCUREMENT CYCLE FOR GOODS AND WORKS TENDERS Acceptance & Final statement Contract implementatation Contact signature (Art. 44) 20/03/2018 Identification of needs Procurement plan (Art. 6) Preparation of tender Doc (Art. 26) Procuring Entity Notification (Art. 43) Opening (Art. 34)/ Evaluation (Art. 39) Publication/A dvert (Art. 28)
PROCUREMENT CYCLE FOR GOODS AND WORKS TENDERS • • • • Identification of needs; Preparation of procurement plan; Preparation of tender documents (Possible NO); TD Advertisement; Possible addendum/corrigendum Bid submission and opening (bid change); Bid evaluation - Possible NO from Funding agency!; Provisional notification; Possible appeal (→? redo evaluation); Final notification; Contract negotiation (→ request for performance guarantee); Contact signature; Contact implementation; Acceptance & Final statement / Contract termination. 05/01/2012
Annual Procurement Plan (Art. 6) It is important to prepare an annual procurement plan. A budget without a plan is the same as: • Walking in the dark without a lamp; • Holding a meeting without an agenda; • Driving a vehicle without knowing a destination, etc.
Procurement plan stages • • • Identifying the needs; Determining the priorities; Determining the required budget; Determining the different lots; Determining the procurement methods; Determining the deadlines for starting and duration of every activity; • Determining a general procurement plan (see a hard copy); • Determining a specific procurement plan (see a hard copy).
ANNUAL PROCUREMENT PLAN • To be transmitted to RPPA not later than the end of the 1 st month of the annual budget • To be posted on the DG market , Procuring Entity website and on the notice board
PREPARATION OF A TENDER DOCUMENT- 1 The objectifs of a tender document • • • To give the bidders the required instructions to comply with the invitation to bid procedures; To inform the bidders of the criteria of evaluation; To define the contact negociations; To guarantee that the retained bidder will have the required experience and capacity; To specify quality and quantify of the works to be executed or the goods to be supplied and the services to be provided. 20/03/2018
Structure of a tender document v Tender notice/invitation for bidders; v Instructions to bidders(ITB); v Bid data sheet (BDS) (Cahier des données particulières); v General and Administrative clauses of the contact (GACC); v Special Administrative Clauses of the Contract (SACC); v Supply requirement (spécifications techniques) –list of works, goods and related services, the delivery and completion schedules, technical specifications and drawings describing works, goods and related services to be procured; v Bill of quantity and delivery calendar; v Drawing and plans for contracts of works; v Bid forms (bid submission forms, the forms for performance security, bid security, contract forms, and advance payment security). 20/03/2018
Contents of tender document 1. Tender notice/Invitation for bidders • • • The invitation for bidders must have a minimum of the following: Should be in Kinyarwanda, or both English and French (for local tender), while in English and French (for international tender); Title of tender and tender number; Name of procuring entity and source of funding; Description of tender (goods to supply or works to execute, indicating scope of work to be done); Where and how the TD may be obtained, its cost, bank and 20/03/2018 account number to pay TD cost;
Contents of tender document (ctd) • Whether a site visit is obligatory or not, necessary or not. The date of site visit, time and place of taking off; • Indicate if a bid security is needed, if so how much it will be (should not exceed 2% of the estimated cost of tender); • address of where inquiries or clarifications may be made; • Deadline for bids submission (Place, date and hour); • Place and time of bids opening; • Number of copies to be submitted; • Bid validity Period; • Submission language. 20/03/2018
Contents of tender document (ctd) 2. Instructions to bidders (ITB) • • ITB help bidders to prepare bids. Information to be provided are: The purpose of the tender; Composition of the TD; Place of execution and deadline of execution; Power of attorney; Eligibility of the participants(blacklisted bidders); Documents constituting the bid submission; Conditions for obtaining the tender document; Bids validity period; 20/03/2018
Contents of tender document (ctd) • • • Site visit; Clarifications regarding the TD; Language of bids; Currency of bid/ amount of bids (whether taxes are inclusive or not); Presentation of the bids; Closure of bids (submission deadline); Late bids (beyond deadline: to be rejected); Modification and withdrawal of bids; Opening of bid envelopes. 20/03/2018
Contents of tender document (ctd) • • • Confidential; Clarifications brought to the bids; Determining the admistrative and technical conformity; Evaluation of financial bids and correction of errors during arithmetical verification; Criteria of evaluation; Notification of tender award; Signature of the tender(contract signature); Guarantee of good completion; Cancellation of the tender; Pre-bid conference (If so, when and where). 20/03/2018
Contents of tender document (ctd) 3. Bid Data Sheet (Données Particulières aux Soumissionnaires) It includes provisions that are specific to each tender and supplement instructions to bidders. It should at least comprise the following, with specific identification: ü The name of the procuring entity, the title of the tender and source of funds; ü List of firms debarred with reference to RPPA website; ü Adress to which clarification on the tender may be made and minimum time acceptable for clarification (max 15 days before the bids submission date); ü Delivery period/contract period; ü Place of delivery destination or site for construction; ü Language of bid- Kinyarwanda, French or English; ü Price adjustable or not, currency of price;
Content of tender document (ctd) • Bid validity (preferable 90 days but should not exceed 120 days); • Bid security; • How bid should be prepared, how many copies of the bid are required; • Where(address of place and when(date and time) the bid must be submitted; • Evaluation criteria with minimum requirements for the administrative, technical and financial evaluation 20/03/2018
Contents of tender document (ctd) 4. Administratives clauses of the contract • • Definition of terms; Applicable Law and Language; Hierarchical order of contractual documents; Amount of the tender; Execution Programme; Force majeure; Death; Settlement of Disputes; 20/03/2018
Contents of tender document (ctd) • • Advance payment; Payment methods; Price revision; Delays; Unexpected works; Notice Rule (written and other forms); Taxes and duties; Termination of the contract. 20/03/2018
Content of tender document (ctd) 5. Technical specifications • All the features and characteristics that the object of the procurement should possess in order to meet the needs of the procuring entity; • Enable participants get value for money for the procuring entities; • Specification should promote competition; • Precision and clear specifications; • Non-discrimination; • Specifying goods: Goods and materials can literally be counted, touched, weighed and tested to see whether they fit, both before specification and after delivery. The physical nature of goods means that specification and measurement can be visualized and described with less difficulty;
Content of tender document (ctd) • Specifying services: a service has an intangible nature, which makes it more difficult to specify and even more difficult to measure; • Details of services to be provided; • Time and point of service provision; • Required response times; • Required documentation; • Deliverables (reports like inception report, first draft report on executed services etc. ) • Supervision and sign-off acceptance;
Content of tender document (ctd) • Specifying works can be time-consuming and will require the expertise of architects, surveyors and other specialists who have specific experience of the construction being undertaken. Different works – for example bridges, buildings • Gaining access to the site; • Defining the site facilities available and what will be done by the bidder and procuring entity; • Access to the facilities of the procuring entity during the construction of works; 20/03/2018
Content of tender document (ctd) • The off loading and storage facilities available; • What is required in terms of installation and commissioning, when will the handover be considered complete; • Specifications for all the materials to be used in executing the works etc.
Content of tender document (ctd) 6. Annexes • • Bid submission form; Bid security form; Performance security form; Advance payment security form (Modèle de garantie de remboursement de l’avance de démarrage) Form of CVs for key personnel (Modèle de présentation des CV du personnel); Forms for technical references (Modèle de présentation des références techniques); Form for presentation of materials (Modèle de présentation du matériel); Contract form.
Tender Document preparation-2 • A BAD TENDER DOCUMENT • A Tender Document with omissions and ambiguities • A Tender document that does not conform to the national regulations on public procurementstandard bidding document
Tender Document preparation-3 • Attentions prior to TD Preparation-1 • Ascertaining availability of funds • Who Prepares Tender Document/Terms of reference/Technical specifications? (Consultant firm? Procurement officer? -
Tender Document preparation-4 • Attentions prior to TD • Formulation of description of requirement, including Preparation-2 technical specifications , if applicable and/or Terms of reference • Estimation of contract price • evaluation and qualification criteria
Tender Document preparation-5 • Attentions prior to TD Preparation-3 • For tender for works, be sure that a preliminary study has been done (Circular letter of RPPA NO 010/2007 -1758 of 08/09/2007 or visit RPPA website • Time for bid preparation
Request for no objection • Before advertisement in case the tender amount exceeds the allowed thresholds (Not actually required); • If it is a tender financed by a donor other than the government of Rwanda, and if the later obliges the request for no objection, that should be requested after obtaining the one of RPPA. Note: Request for NO to RPPA is currently not required.
Tender advertisement in Newspaper • Availability of Tender Document/Request for Proposals document • Answers to Request for Clarifications (make sure that whoever bought the TD receives the clarifications); • Addendum (to those who purchased TD).
Site Visit • Indication of Place and time (date and hour) for departure; • Site visit certificate (Who issue them, how? ); • Site visit after site visit! And request from some bidders for site re-visit • Certificates issued to those who did not visit!!
Any possible addendum From: • requests for clarifications; • Any notice, corrigendum or addendum by Procuring entity to: • Evaluation criteria; • Bill of quantities; • Administrative clauses, etc.
Bidsbids: ensure that there is secure opening Ø Reception and security of Ø Ø Ø procedures and facilities for receipt and safeguarding of bids; Bid registration; Date, time and place; Opening committee (3 members); One hour after the closing time of bid submission; Initial of Original bids opened (mark the paraphs) and signature of the opening report by opening committee present in opening ceremony; What should be read out? (Name of the bidder, total price (TTC or HT) and modifications or discounts, bid security, tax clearance certificate, social security fund certificate); N. B: For tenders for Consultancy services, opening sessions are done in two phases (the first one for technical proposals and the second for financial proposals); Ø No rejection during opening of bids (late bids will not be opened or read); Ø Preparation of opening report by respecting the standard bid opening form.
EVALUATION OF BIDS-1 (G & W) • Done by at least 3/5 of officials nominated members of TC; • Respect of the Evaluation criteria set in TD; • For small tenders (Shopping), only the prices are compared; • The evaluation report is signed by all members of evaluation committee; • Respect the standard evaluation form; • Before bid opening, the procuring entity must have an estimate of the tender cost according to MINECOFIN’s instructions –value for money assurance;
EVALUATION OF BIDS-3 • Evaluation report should have been submitted to the Chief Budge Manager in the period not exceeding 21 days after bid opening; • Evaluation steps: administrative, Technical and financial for tender for works, supplies and other services. The successful bidder shall be the lowest responsive bidder; Administrative evaluation: ü Bid form stamped and signed by authorized person (who is on trading license if not by someone who has attorney of signature); ü A validity bid security (if required); ü Bid security /guarantee; ü Trade license;
EVALUATION OF BIDS-3 ü ü ü ü A valid tax clearance certificate (RRA); valid social security fund certificate (CSR); Payment slip for TD; Trading license (Registre de commerce); Site visit certificate (if required); Credit line (if required); Price schedule/bills of quantities. Technical evaluation criteria: ü References (minimum required number of similar technical references done); ü Technical specifications; ü Qualified and experienced key personnel (signed CV of the key personnel required in the TD, demonstrating the qualification and experience, academic certificates for proofs of qualification); ü Minimum required equipment; ü Methodology and work schedule; ü Financial capacity (might be required).
EVALUATION OF BIDS- 4 Financial evaluation: ü Correction of arithmetic errors (Figures/Words and Unit rate/total); ü Comparison of prices (compare bids in single currency); ü Conversion to single currency: Specified in bidding document (consider the exchange rate of bid opening date). N. B: ü For consultancy services tenders, the evaluation is conducted in two phases (Technical evaluation and financial evaluation); ü Allow the tender to the bidder technically responsive and the lowest bid price. This is considered the least evaluated bid and a successful bidder. 20/03/2018
EVALUATION OF BIDS- 5 • • • CLARIFICATION • Always in writing; • Permissible and warranted; • Clarification meetings not permitted; • Cannot change substance of bid or price. CONFIDENTIALITY EXAMINATION OF BIDS • Is bid complete? . . . And signed? • Is bid security attached if required? • Technical scrutiny (careful and detailed). 20/03/2018
NOTIFICATION • Notification to successful and unsuccessfully bidders (provisional notification and final Notification after 7 days in case there is no appeal); • For tender of consultancy services, the notification is done in two phases (for technical and financial proposals). Note: SELECTED BIDDER SHOULD NOT BE REQUIRED: Ø To reduce price (but for private sector? ); Ø To undertake works which are not specified in bidding document; Ø To modify his/her bid.
REJECTION OF ALL BIDS • Where the procurement requirement has been overtaken by events and it is no longer required; • Where the price in the lowest evaluated bid exceeds the budget by a substantial margin; • When all the bids received are not responsive to the requirements in the bid documents; and • Where the procuring entity after receiving bids reasonably concludes that there is lack of competition.
CONSULTANTS SERVICES (Art. 60 -67) SELECTION OF CONSULTANTS (5 METHODS) – Art. 63: 1. Quality and Cost Based Selection (QCBS); 2. Quality Based Selection (QBS); 3. Selection under Fixed Budget (SFB); 4. Least Cost Selection (LCS); 5. Selection based on Consultants’ Qualifications (SBCQ). 20/03/2018
QUALITY- AND COST-BASED SELECTION (QCBS) § Preferred method, similar to ICB for goods and works; § Technical and financial proposals in separate envelopes; § Financial proposals shall remain sealed with independent authority; § Technical evaluation (quality) first; § Public opening of financial proposals; § Combined evaluation based on weighted formula.
QUALITY BASED SELECTION (QBS) § Technical proposal only or both (technical and financial ) in separate envelopes; § Technical evaluation (quality) first; § Financial evaluation only of firm with highest technical score. 20/03/2018
SELECTION UNDER FIXED BUDGET (SFB) Financial proposals to be within specified budget: § Technical and financial proposals in two separate envelopes; § Technical evaluation (quality) first; § Highest rated technical proposal selected § Public opening of financial proposals; § Considering of the proposal within the range of available budget; § Rejection of proposals exceeding fixed budget. 20/03/2018
LEAST COST SELECTION (LCS) Small assignments only: § Technical and financial proposals in two separate envelopes; § Technical proposals must achieve specific minimum score or they are rejected; § Financial proposals of successful firms opened in public; § Lowest price proposal selected. 20/03/2018
SINGLE SOURCE SELECTION (SSS) § Natural continuation of previous work by firm; § Rapid selection essential; § Very small assignment ; § Firm has unique qualifications or experience of exceptional worth. 20/03/2018
REQUEST FOR PROPOSAL Elements of the request for proposals: • Invitation to bid; • Instructions to consultants; • Terms of references /Evaluation criteria and proposed agreement; • Sample forms; • Contract. 20/03/2018
RECEIPT OF PROPOSAL • They must be in two separated envelopes and both of them in a third envelope; • The technical and financial bids must be received at the same time. 20/03/2018
OPENING OF PROPOSALS • The technical proposals must be opened first; • The financial proposals must be kept in a secure place; • The proposals received after the deadline (hour) must be returned without being opening; • No modification must be accepted after the deadline of submission proposals; • Opening of financial proposals (after technical evaluation). 20/03/2018
EVALUATION IN TWO STAGES (QCBS) 1 st stage: Evaluation of technical proposals • The commission is composed by at least three specialists in the sector (TC members); • The evaluation is based on the data given in the RFP. Evaluation criteria: - General experience of the firm(5 -15 pts); - Specific experience of the firm(10 -20 pts); - Methodology (20 -30 pts); 20/03/2018
EVALUATION IN TWO STAGES (QCBS) - Ctd • Qualification and experience of the key personnel (4060 pts); • Transfert of knowledge or technology (0 -10 pts) – Where applicable; • Participation of Nationals(5 -10) – where required. N. B: Total point for evaluation criteria: 100 Pts The minimum technical score St required to pass is: (70%-90%). 20/03/2018
EVALUATION IN TWO STAGES (QCBS)-Ctd 2 nd stage: - Evaluation of financial proposals; - Combination of technical and financial evaluation. Formula (of combined score): - S= St x T%+Sf x F% - S: Combined score (for QCBS) - St: Technical score - Sf: Financial score - T: Minimum technical score required ( 70 -90%) 20/03/2018
EVALUATION IN TWO STAGES (QCBS) - Ctd F: Minimum financial score required (10 -30%) - T+F=1 Calculation of financial score: - Sf= (Fm. X 100)/Fi - Fm: lowest proposal - Fi: The proposal to be evaluated 20/03/2018
Request for NO on the Evaluation report The request for No objection to RPPA is not currently required; Request for No objection to the donors.
Contract signing • Does the contract enter into force upon dispatch of letter of acceptance? ; • Before the validity of bids is expired; • For tender for supplies < 5 Millions Rwf>, a Purchase order may be used; • For the tenders <5 Millions Rwf>, a 5 -10% performance guarantee is required for tenders of works, supplies and other services; • Validity of the performance guaranty; • Retention money guarantee; • Signed copy for each party; • Some systems require initialing of each page by the parties; • Additional possible conditions for entry into force (advance payment, advance payment guarantee and opening of acceptable letter of credit).
PUBLICATION OF THE FEEDBACK ON CONTRACTS AWARDING • After the contract signature on DG Market; • On Procuring Entity Website; • Notices board.
Contract Management-1 • The successes of the contract management depend mainly on good preparation of the tender and the good procurement; • The contract management determines the success or failure of a tender; • The contract management allows the contracting authority to ensure that the price paid is equivalent to the part executed by the contracting party.
conditions for a good contract management v clarity as roles and responsibilities (who is in charge of contract management among the procurement entity members? (to approve received goods, attachments of work carried out, consultancy service reports etc. ). Verification of the implementation of the contract; v Respect of delivery and payment period for tenders for supplies; v Tender for works: availability of Key personnel and equipments; v Handling the contractor’s claim! (delay in receiving instruction, different site conditions, inaccurate plans, weather, extra cost etc. ); v Efficient coordination and facilitation; v There must be a minimum number of people involved in the approval of invoices for payment (but this depends on the nature and the complexity of the tender, the experience of the contracting authority in the concerned tender, the experience of the supplier or the contractor in the concerned tender as well as the number and the nature of contracts in execution).
Contract Management-2 • Unequivocal communications (any note or correspondence must be clear); • Swiftness or respect of deadlines (the swiftness assumes a prompt action or reaction in line with the obligations of the contracting authority;
Contract Management-3 • There has to be progressive monitoring of the execution of the contract according to the execution programme • There has to be organization of the files relating to the execution of the contract (Goods delivery/receiving notes!) • There has to be production of the reports and other information relating to the execution of the contract (→? ? See below); Ø Provisional reception of works report; Ø Approval of report on consultancy services tenders; Ø Final reception of executed works Ø Warranty/defect liability period • Tender for works: availability of Key personnel and equipments Handling the contractor’s claim! (delay in receiving instruction, different site conditions, inaccurate plans, weather, extra cost etc. )
Contract Management-4 • Manner to give Instructions to contractor (formalism problem: how to address instructions to contractor!); • • • Verbal Instructions are not allowed!; Good Receiving report; Approval of reports on service tenders; Delay in payment!; Meetings and communication and meeting reports; • Project Completion date.
SUPPORT SERVICES OF THE CONTRACT MANAGEMENT • The legal service, • The experts in the field. • The financial control and payment service
Challenges/weaknesses faced with • More awarded tenders than those planned; • Tenders awarded through unauthorized method or unidentified method; • More awarded tenders that have no TD and clear evaluation criteria; • Tenders that do not respect prescribed period for advertisement; • Tenders that have no opening/ evaluation report; • Evaluation not based on TD evaluation criteria; • Notification to successful and unsuccessful bidder; • Executed tender that do not have contract proof; • Payment delay/uncontrolled; • Penalties application for delayed tender; • Poor Filing system.
Challenges/weaknesses faced with • Need of quality at lower cost; • Confidentiality!; • Friendship created between contractors and those public officials involved in contract management during the contact implementation; • Bad habit of considering as made rich those involved in tenders by those NOT involved in tenders.
CONTRACT TERMINATION • Breaching of contract; • Seizure of performance guarantee; • Request for blacklisting any company to RPPA; • Certificate of a tender good completion;
THE ALTERNATIVE MODE OF SETTLEMENT OF DISPUTE • Arbitration (mutual agreement to in trust the settlement to an arbitrator that they choose because of his / her competence or his / her independence); • La conciliation /médiation (two parties talk to a third party so that he could help them bring about a solution that must be accepted by them for the dispute to be settled; • Transaction: It is a result of negotiation between parties.
THE REVIEW ORGANS • The administrative review organ (Procuring entity, Independent Panel Review of District or National Independent Panel Review); • Judicial review organ (At first level, there is the Court of High Instance if the author of the decision comes under the administrative instances from the base up to District and the 2 nd degree there is the High Court of the Republic). 20/03/2018
NOTICE PERIOD FOR THE REVIEW • Gracious review (7 calendar days from the date where the administration fact occured); • The review in front of the RPPA (5 calendar days following the day of notification or of publication of the contested decision); • The right to review in front of the jurisdiction against a decision taken before the signing of the contract is prescribed after 30 days taking course from the date of signing the contract. This right is proscribed after a year when the contested decision has been taken after signing of the contract. 20/03/2018
FILING OF PROCUREMENT • Procuring Entity should make sure that all procurement documents are well filed
Thank You
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