Stephane Giraud Director Dams & River Works FIDIC Accredited Trainer & Adjudicator Egis Group

Transcription

1 Stephane Giraud Director Dams & River Works FIDIC Accredited Trainer & Adjudicator Egis Group

2 INTRODUCTION EMPLOYER S CORE PRINCIPLES OF PROCUREMENT Value for money / Economy Efficiency / Fit for purpose Transparency / information to tenderers Fairness SOURCES : FIDIC Procurement Guide 1st Ed ADB Procurement Guidelines Ed World Bank Procurement Guidelines Ed. 2016

3 TABLE OF CONTENT 1. DECISION ON THE "PROCUREMENT STRATEGY" 2. CASE-STUDY TO ILLUSTRATE 3. KEY POINTS ON PROCUREMENT

4 DEFINE THE PROJECT, FROM THE IDEA TO THE OPERATIONS => HOW TO FIND AND TO MOBILIZE THE BEST CONTRACTORS? 1. LAUNCH THE FEASIBILITY STUDY 2. DECIDE ON THE BEST PROCUREMENT STRATEGY

5 THE FEASIBILITY STUDIES (REF TO FIDIC SUB-CLAUSE (SC)) Location, Site data considerations (hydrology, sub-soil, SC 4.10) Scope, Performance goals (SC 4.1) Design (SC 5.1 YB/SB) and Design Responsibility (Build-Only Vs D&B) Technical Standards and Specifications (SC 5.4 YB) Programs and time constraints (incl Procurement time and SC 8.3) Project risks analysis / requirement on Insurances Operation and maintenance (DNP amended or Gold Book?) Economic aspects (including market study) Legal: laws, contractual frameworks and regulations (SC 1.4) Environmental Impacts and sustainability (SC 4.18) Finance securing : project viability (Traditional, PFI, PPP ) Governance aspects Preliminary cost estimates (SC 14.1)

6 2. 1. DECIDE DECISION THE ON THE "PROCUREMENT STRATEGY STRATEGY" DEFINITION OF THE CONTRACTUAL STRATEGY (TYPE, LUMP SUM VS. REMEASURED, WORK PACKAGES) Traditional type (standard contracts) Build-only, Supply only type Design & Build type Design, Build and Operate (DBO, BOT ) PPP with SPV type EPCM type Alliance type DON T FORGET LEGAL ADVICES I.E. LOCAL RULES / LAWS

7 SELECTION ARRANGEMENT, TENDERING METHODS Open, National, International? Typical Two-stage Bidding Process (1.Prequalification And 2. Bidding Process) Competitive Dialogue Public Private Partnerships (PPP) Tender Framework Agreements or similar PREQUALIFICATION CRITERIA SELECTION Eligibility Experience (General And Specific) Financial Situation And Performance Historical Contract Non-performance / Litigation

8 PRICE EVALUATION CRITERIA Quality Cost Based Selection (QCBS) Least Cost Based Selection (LCS) ( Moins-disant In French) Direct Selection Adjust Bid Price, E.G. Domestic Preference (From 7.5 To 15%) Life-cycle Evaluation BID EVALUATION CRITERIA Weight on technical score Weight on financial score

9 TYPICAL FRAMEWORK ITB : Instruction To Bidders Employer s Requirements Technical Criteria And Specification Financial Proposal Contract (General And Particular Conditions) CAREFUL CROSS-CHECKING OF THE RFP

10 ADVERSE CONDITIONS IN PROCUREMENT PROCESS Conflict Of Interest, Unfair Competitive Advantage, Corruption, OCDE Agreement COMMUNICATION DURING PROCUREMENT PROCEDURE Invitation To Pq, To Bid : Standard Forms, Type Of Communication, s, Letters With Acknowledgement Of Receipts, Publication Of Procurement Opportunities (E-tendering, Press Media), Timeframe, Deadlines

11 BID / PROPOSAL PREPARATION PERIOD AND SUBMISSION Period For Preparation To Be Decided Upon Complexity Prebid Meeting To Be Held With The Employer Deadline, Place Of Receipt BID / PROPOSAL OPENING Time And Date Of Opening, One Or Two-envelops Process Confidentiality, Surety Of The Place Of Openings Opening In Public, Or Officials For Private Openings Rejection Of Late Bids, non-responsive, abnormally low Minutes Of Opening Session To Be Issued Officially Thereafter

12 NOTIFICATION OF INTENTION OF AWARD Letter Of Conditional Award Communication To Unsuccessful Bidders Potential Complaints From Unsuccessful Bidders Debriefing Of The Stakeholders / No-objection Letter Of Award CONTRACT AWARD Negotiation, Minutes Of Negotiation (If Any) Contract Signature With All Contract Documentation (cross-checked, legal review)

13 2. CASE STUDY YOU ARE THE CEO OF AN OLD NORTHERN EUROPEAN LEADER IN ERNEGY OPERATIONS WILLING TO INVEST IN A SPV, IN A WEST-AFRICAN CIVIL LAW COUNTRY WITH THE AIM OF OPERATING THE PLANT THE WORKS TO BE PROCURED : GAS POWER PLANT, BUDGET 300 M, TIME FOR COMPLETION: 3 YEARS TECHNICAL TEAM VERY EXPERIENCED ON FIDIC RED BOOK DETAILED DESIGN DONE INTERNALLY BY TECHNICAL TEAM 1. 1 ST ROUND by TECH TEAM : PROCUREMENT ON RED BOOK Ed nd ROUND by CONTRACT MANAGER : PROCUREMENT ON YELLOW BOOK Ed 1999 by transforming the Detailed Design into Employer s Requirements 3. 3 rd ROUND by FINANCIAL TEAM : PROCUREMENT ON SILVER BOOK Ed 1999 => WHAT WOULD YOU CHOSE AS CEO OF THE EMPLOYER, RED, YELLOW OR SILVER?

14 3. KEY POINTS (1/2) 1. TIMES CONTRAINTS OF THE PROCUREMENT PROCESS 2. SUB-SOIL CONDITIONS NOT TO BE FORGOTTEN 3. WEAKNESSES OF THE EMPLOYER TO BE ANALYSED 4. DESIGN RESPONSIBILITY ALLOCATION TO BE CLEARED 5. PREQUALIFICATION CRITERIA FOR THE BEST SHORT-LIST

15 3. KEY POINTS (2/2) 6. SITE VISIT TO BE WELL ORGANISED AND RECORDED 7. BID PROCEDURAL RULES TO BE STRICTLY FOLLOWED 8. EVALUATION RATIO TECH / FIN TO BE FINE-TUNED 9. CONTRACT DOCUMENTATION TE BE CROSS-CHECKED 10. LEGAL REVIEW OF THE WHOLE PROCESS / CONTRACT DOCUMENTATION