Case Studies CONFINDUSTRIA VICENZA CONFINDUSTRIA PADOVA

Transcription

1 EBRD Outreach Seminar Public Procurement in EBRD Projects Case Studies CONFINDUSTRIA VICENZA CONFINDUSTRIA PADOVA Vicenza, 12 September 2013 Veljko Sikirica Senior Procurement Specialist

2 Project Procurement Case Studies First session Case 1 Energy Goods FRUSTRATED TENDERER Case 2 Energy Goods DISQUALIFICATION OF A TENDERER Case 3 Construction Works EXPERIENCE Case 4 Works - NON-PERFORMANCE Case 5 Construction - Works Case 6 Transport - Works

3 CASE STUDIES THE STUDY OF CASES IS A METHODOLOGY FREQUENTLY USED IN THE PROCUREMENT KNOWLEDGE TRANSFER. THEY PRESENT ACTUAL SITUATIONS SLIGHTLY MODIFIED TO EMPHAZISE CRITICAL ASPECTS OF THE PROCUREMENT POLICY

4 Case 1: Energy- Goods THE CASE OF A FRUSTRATED TENDERER

5 Electric supplies tenderer F. Jones Electric Supply Co. Ten years in the electric supply business Well-respected: represent several wellestablished brand names of the industry Annual turnover 300 million

6 Facts Learned about the tender opportunity in a public website Tender documents sold from December 23 to December 31, 2011 Called the Agency on December 27 Managed to talk to Agency guard on duty; and got an account number On December 28, made an international transfer of 200 to cover 150 cost of tender documents and small tip to the guard for the inconvenience Got the tender documents on January 12 by mail

7 Tender process Mr Jones submitted a valid tender on January 23 On February 7, was notified that his tender was rejected, the tender security forfeited and his firm was put in a blacklist for 5 years Letter referred to rule EBRD PP&R 2.9 (iii) Corrupt Practice A Solicitor was dispatched by Mr Jones to the Client country on February 9

8 Corrupt practice Solicitor is given an interview with the head of the Procurement Unit He is presented with copies of the bank slip of 200 deposit made to the guard personal account, the receipt of purchase of bidding documents for 100 and a post office receipt of 10 for shipping of documents Calculation was made that the guard received an equivalent of 100 as an unsolicited commission, grant or bribery which is seriously penalized by rules of Prohibited Practices of the EBRD PP&R

9 Mr Jones and his Solicitor visit EBRD pursuant to paragraph 14 of Annex 1: Guidance to Tenderers Debriefing

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11 Case 2: Energy Procurement of Goods THE CASE OF DISQUALIFICATION OF A TENDERER DUE TO MISSING FINANCIAL INFORMATION

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14 Case 3: Construction Works THE CASE OF ASSESSMENT OF EXPERIENCE IN CONSTRUCTION

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17 Case 4: Construction of Works THE CASE OF ALLEGED NON PERFORMANCE

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20 Case 5: Construction - Works EVALUATION OF EXPERIENCE

21 Case 5 Preparation Economy PQ Tender Contract Efficiency Transparency Implementa tion Equality During a tender process for drilling work, tender documents specified the sole criterion of specific experience drilling projects in the city where the drilling will take place One of the prospective tenderers was sure to meet all the evaluation criteria based on their performance in soil drilling in geological formations similar to those in the city, but did not have experience in the specific town required. The tenderer submitted a protest in relation to the criterion arguing that the geographical reference to a specific city only restricted competition to firms who were working in that city, reducing competition in the open tendering How should this be resolved?

22 Case 6: Transport - Works TENDER EVALUATION

23 Case 6 Preparation Economy PQ Tender Contract Efficiency Transparency Implementa tion Equality Client is tendering for civil works in an urban transport project Two tenders were received in time; a third tender arrived to the tender opening ceremony 5 minutes late Minutes of the tender opening state that two bidders were asked if the third tender were allowed to enter into competition. The two bidders agreed to receiving the late tender knowing that the Client would like cancel the tendering if there were less than three tenders for price comparison The tender evaluation committee recommends award to the lowest evaluated price which was presented by the tenderer whose tender arrived late One of the other tenderers write the Client copied to the Bank complaining that the tendering should be canceled

24 GRAZIE! 12 September 2013 Veljko Sikirica Senior Procurement Specialist EBRD Procurement Department