Tender Process Building: CONSIP Framework Contracts and Agreements

Transcription

1 Tender Process Building: CONSIP Framework Contracts and Agreements

2 An example of identification of green criteria the used methodology - In order to pursue the previously identified three main goals, the chosen procedure was the following: 1. Selection of regulation dealing with eco-labeling and the standards or best practices that have been developed in the European context (Ecolabel, Nordic Swan, Der Blaue Engel) whenever these are stricter than basic regulation 2. Analysis of the various eco-labels offered on the market included best practices 3. Identification of the environmental sustainability characteristics that meet the set strategic goals 4. Selection of general environmental sustainability criteria applicable to the related field of action 5. Market analysis through polling questionnaires and meetings with industrial associations 6. Identification of specific criteria of environmental sustainability for each product category.

3 Framework Agreements A FA is an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period Kinds of FA 1 supplier Complete (all terms fixed) Framework contracts Several suppliers Complete (all terms fixed) 1 supplier Incomplete (not all terms laid down) Several suppliers Incomplete (not all terms laid down) 2-stage: competition shall be reopened Where a FA is concluded with only one economic operator and all the terms of the contracts are laid down in the FA ( complete FA), specific contracts can be awarded

4 Framework Contracts Framework Contracts are awarded through Consip by the Ministry of Economy and Finance after either a traditional paper-based tender or an on-line economic and technical evaluation. Both these procedures allow the Public Administration to purchase goods and services while offering suppliers an opportunity to satisfy public demand, guaranteeing competition and transparency. Each framework contract has certain parameters that are intrinsic to its structure: The main good or service awarded Order data for central Datawarehouse Supplier-side reference point Framework contract duration Framework contracts Shipping or delivery terms and conditions The duration of the single contract between P.A. and supplier Maximum allowed quantities and good/service characteristics

5 Framework Contracts the model Public Procurement Model Consip Frame contracts Contracts Reporting Fornitori Fornitori Suppliers Monitoring Tools Needs Feedback Fornitori Fornitori PP.AA. On-line Delivery Payments

6 Framework Contracts the advantages The main advantages for the Public Administration entities that order: The simplification or the purchasing process, with a drastic reduction of both costs and procurement time (no legal tender to perform) and greater transparency Better supply quality, whether product or service Real competition between suppliers favored by the collaboration of the Authorities Reduction of Legal Costs tied to procedure litigation, which are payed for by Consip The possibility to free up resources dedicated to the procurement process and direct them to other activities The opportunity to contribute to a green public procurement project Greater expense control through purchasing reports, even if done by non-centrally located offices

7 Framework Contracts Tender process building phases Feasibility study and definition of procurement strategy Supplier selection and contract award Framework Contract management Service level monitoring Open consultation with relevant market Demand analysis and market analysis Opportunity identification and Feasibility Study deliverable Economic design of the tender Tender documentation deliverable Authority opinion acquisition Tender documentation publication Framework Contract signing Support to administrations during purchasing phases Tracking of orders issued and remaining product/service availability Contract unit/quantity/ time extension (if necessary) Service level inspection Surveys analysis Complaint analysis Corrective measures Procurement strategy deliverable Account Management Legal Department Sourcing Research Unit (R&D) Strategic Marketing Supply Monitoring Unit GPP Multistakeholder decision process

8 Framework Contracts Tender process building phases Feasibility study and definition of procurement strategy Supplier selection and contract award Framework Contract management Service level monitoring Open consultation with relevant market Demand analysis and market analysis Opportunity identification and Feasibility Study deliverable Economic design of the tender Tender documentation deliverable Authority opinion acquisition Tender documentation publication Framework Contract signing Support to administrations during purchasing phases Tracking of orders issued and remaining product/service availability Contract unit/quantity/ time extension (if necessary) Service level inspection Surveys analysis Complaint analysis Corrective measures Procurement strategy deliverable GPP Unit supports market and demand analysis and the following definition of the purchasing strategy GPP Unit defines environmental criteria to be specified in tender documentation as - basic requirements - supplier rewarding criteria GPP Unit supports communication of green initiatives and carries out education events

9 Consip s Framework Contracts 2013 results Consip s framework contracts turn over in 2013 corresponds to about 4 billion euro Consip managed 49 framework contracts The most important framework contracts, in terms of total expenditure in, are electricity, fuel and heat, facility management, meal vouchers Local 40% Central 36% Contracts num. > University 6% Active buyers > Health 18% Central University Health Local Source: analysis and research from Consip 9

10 Framework Agreements incomplete FA 1 supplier Complete (all terms fixed) Framework contracts Several suppliers Complete (all terms fixed) Kinds of FA 1 supplier Incomplete (not all terms laid down) Several suppliers Incomplete (not all terms laid down) 2-stage: competition shall be reopened Where a FA is concluded with several economic operators and not all the terms of the contracts are laid down in the FA ( incomplete FA), specific contracts can be awarded by the CAs by reopening competition on the basis of the same and, if necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the specifications of the framework agreement. Nevertheless, When awarding contracts based on a framework agreement, the parties may under no circumstances make substantial amendments to the terms laid down in that framework agreement. Supply contracts (specific contracts, SC) based on FAs are concluded between a single CA and a single supplier.

11 Framework Agreements the phases I PHASE - FA II PHASE - SC Feasibility study and definition of procuremen t strategy Tender documentati on development and pubblication Supplier selection and framework contract award Competiti on reopened Supplier selection Promotion Legal Sourcing R&D P&M GPP Legal Sourcing R&D GPP Legal Sourcing Promotion Legal Sourcing R&D GPP P&M

12 Consip s Framework Agreements ongoing < Area Framework Agreements Status Goods and Services TRAVEL & ACCOMODATION AWARDED AND ACTIVE Goods and Services TRAVEL & ACCOMODATION 2 PUBLISHED TLC Services CONTACT CENTER - OUTSOURCING AWARDED AND ACTIVE Hardware, Software and ICT Services SERVER BLADE 3 PUBLISHED Hardware, Software and ICT Services DESKTOP OUTSOURCING 2 PUBLISHED Hardware, Software and ICT Services Hardware, Software and ICT Services PC DESKTOP 1 MULTIFUNCTIONAL COPYING MACHINE AWARDED AND ACTIVE AWARDED AND ACTIVE Hardware, Software and ICT Services SERVICES FOR OPEN SOURCE SERVER OPERATING SYSTEMS PUBLISHED Hardware, Software and ICT Services PRINT & COPY MANAGEMENT PUBLISHED Hardware, Software and ICT Services APPLICATION SERVICES PUBLISHED Health DIALYSIS (APPARELS AND CONSUMABLES) PUBLISHED

13 Choosing the appropriate class of Framework Agreements No safe and sound recipe: identify the best strategy case by case through market analysis! High effort for POs Heterogeneous demand Framework Agreements Simple contracts Centralization Demand side 1 supplier Incomplete Multiple suppliers Complete Multiple suppliers Incomplete Low effort for POs Homogeneous demand Framework Contracts 1 supplier Complete Flexibility Concentrated Standardized Supply side Fragmented Specialized

14 Dynamic Purchasing System - DPS DPS is a two-phase procedure. Its characteristics are defined in the first phase. Commodities sector area PHASE 1 1 DPS tender PHASE 2 DPS tender publication CONSIP 1 Establish and activate DPS 3 Evaluates applications for admission and gives support Contracting Bodies 4 Publish re-negotiatin 6 Award contracts Economic operators 2 Ask for admission to DPS 5 Participate to renegotiatin 14

15 Dynamic Purchasing System - DPS DPS is a two-phase procedure. Its characteristics are defined in the first phase. Commodities sector area PHASE 1 DPS tender PHASE 2 DPS tender publication CONSIP 1 Establish and activate DPS 3 Evaluates applications for admission and gives support Contracting Bodies 4 Publish re-negotiatin 6 Award contracts Economic operators 2 Ask for admission to DPS 5 Participate to renegotiatin 15