fidic procure
TRANSCRIPT
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FIDIC CONTRACTS ANDBEST PROCUREMENT PRACTICE
Ministry of Electricity and Dams
Dams Implementation Unit
Contracts Directorate
Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
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FIDIC CONTRACTS
CONSTRUCTION
PLANT AND DESIGN-BUILD /
EPC/TURNK EY PROJECTS
SHORT FORM OF CONTRACT
CLIENT/CONSULTANT MODEL SERVI CES AGREEMENT
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CONDITIONS OF CONTRACT
Guide
published 2001
published 1999
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CONTRACT CONTINUITY
Employer /
consultant
design
Contractor
design
Various formats Uniform format and contentsMinistry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
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WHICH BOOK TO USE?
STRAIGHTFORWARD
PROJECT ? EMPLOYER DESIGN ?
CONTRACTOR DESIGN
plant and/orhigh
unforeseenrisks
fixed price - lump sum
little employerinvolvement
no major unforeseenrisks
DISCUSS IN DETAIL
Employer srequirements with
the Contractor, andnegotiate a
modified FIDIC
contractMinistry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
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FEATURES AND ADVANTAGES
fair apportioning of risks, rights and obligations between the parties
BALANCED
WELL TRIED
long case history for earlier contracts
ACCEPTED
known and recognised; in wide use for international contracts
SUPPORTED
recommended or required by development banks, etc.
EFFECTIVE
clear and complete conditions; time limits; provisions foradjudication
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Key points: CONSTRUCTION
Employer designs
Engineer, working for the Employer
Bill of Quantities
Payments based upon measurements
Certification of payments by Engineer
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Key points: PLANT& DESIGN-BUILD
Contractor designs
Engineer, working for the Employer
Lump sum pricing
Payments according to progress
Certification of payments by Engineer
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Key points: EPC/TURNKEY PROJECTS
Contractor designs and takes full responsibility
Employermayappoint a Representative
Fixed price, to cover risks taken on by Contractor
Payments according to progress
No certification of payments
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Key points: SHORT FORM
Simple projects
Design by either
Employermayappoint a Representative
Valuation as appropriate; to be agreed
Payments according to value of Works executed and
Materials and Plant delivered to site
No certification of payments
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Key points: CLIENT/CONSULTANT
Agreed Scope of Services: Appendix A
Normal, Additional and Exceptional Services
Normal Services priced as agreed
Additional and Exceptional Services at rates agreed
Payment schedule as agreed
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FIDIC GUIDES
The FIDIC Contracts Guide
The White Book Guide
Guide for the preparation of particular conditions
(in the major contracts)
Notes for Guidance (in the Short Form of Contract)
Tendering Procedure and Pre-qualification forms
Consultant SelectionMinistry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
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USE OF FIDIC CONTRACTS
Match contract and project
Decide early on type of contract
Draft by professionals
Do not touch the General Conditions
Buy originals
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PRINCIPLES OF PROCUREMENT
Effectiveness
Economy
Efficiency
Accountability
Transparency / confidentiality /
Strong competition
Publicity, wide participation
Fair and equal conditions
Standard procedures Standard documentation
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PROCUREMENT CATEGORIES
Goods
Works
Consultant services
Other services
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TENDERING PROCEDURES
Development bank / public procurement procedures
Open tendering / International Competitive Bidding
Local tendering / National Competitive Bidding
Restricted tendering / Limited Bidding
Single source
Two stage tendering
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SELECTION PROCEDURES/CRITERIA
Criteria defined and published in advance
Economically most advantageous offer
Quality based selection
Quality and cost based selection
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Establishment Of Project Strategy Comprising:
Procurement method
Form of tendering Time schedules
FIDIC TENDERING PROCEDURE( FOR
CONSTRUCTION CONTRACTS)
1.0 ESTABLISHMENT of PROJECT STRATEGY
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Prepare Prequalification Documents Comprising:
Letter of Invitation Information about prequalification procedure
Project information
Prequalification application
2.1 PREPARATION of PREQUALIFICATION
DOCUMENTS
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2.2 INVITATION TO PREQUALIFY
Place Prequalification Advertisement In Press, Embassiesetc. as appropriate stating:
Employer & Engineer Outline of project (scope, location, programme, source of
finance)
Dates for issue of tender documents, & submission of tenders
Instruction for applying for prequalification
Minimum requirements for prequalification
Submission date for contractors prequalification data
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2.3 ISSUE & SUBMISSION OF PREQUALIFICATION DOCUMENTS
Issue prequalification documents & Questionnaires requesting fromeach company/joint venture:
Organisation & structure
Experience in the intended type of work & the region
Resources:
- Managerial
- Technical
- Labour
- Plant
Financial Statement
Current contract commitments
Litigation history
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2.4 ANALYSIS OF PREQUALIFICATION APPLICATIONS
Analysis Prequalification Applications Data:
Company/joint venture structure
Experience
Resources Financial Capability : Annual Turnover, Working
Capital= Ratio of Current Assets to Current
Liabilities ( > 1.0 )General suitability
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2.5 SELECTION OF TENDERERS
Prepare List of Tenderers
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2.6 NOTIFICATION OF APPLICANTS
Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
Notify all selected tenderers
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3.1 PREPARATION OF TENDER DOCUMENTS
Prepare Tender Documents:
Letter of Invitation to tender
Instructions to tenderers Condition of Contract
Form of tender and appendices
Drawings Bill of Quantities
Schedule of additional
information
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3.2 ISSUE OF TENDER DOCUMENTS
Issue tender documents to
contractors on list of tenderers
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3.3 VISIT TO SITE BY TENDERERS
Arrange Date and Time for Visitto Site
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
3.4 TENDERERS QUERIES
A) CORRESPONDENCE METHODB) TENDERERS CONFERENCE METHOD
A) Prepare replies
A) Inform tenders present of queries and replies
submitted in writing replies to queries atconference
Send Minutes to all Tenderers ( Parity of
Tendering)
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
3.5 ADDENDA TO TENDER
DOCUMENTS
Issue Addenda Including Repliesto queries to all tenderers
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
3.6 SUBMISSION AND RECIPT OF TENDERS
Record date and time of receipt
Acknowledge receipt or return unopened
tenders received late
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
4.1 OPENING OF TENDERS
Tender opening by public or restricted opening:
announce and record the names of tenderersand price, including price for alternative tenders
if appropriate
announce and record the names of tenderer (if
any) disqualified due to late or non arrival of
tenders
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
5.1 REVIEW OF TENDERS
Establish conformity and completeness of tenders:
Reject Substantially Unresponsive Tenders
Establish conformity and completeness of tenders:
Reject Substantially Unresponsive Tenders
Establish conformity and completeness of tenders:
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
5.2 TENDERS CONTAINING DEVIATIONS
Evaluate Deviations, Seek ClarificationsEvaluate Deviations, Seek ClarificationEvaluate Deviations Seek Clarification
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
5.3 ADJUDICATION OF TENDERS
Assess tenders in accordance with evaluation criteria .
Raise further points requiring clarification, if any.
Complete evaluation.
Check with funding agency.
Reject non- conforming tenders & advise tenderer(s) concerned.
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
6.0 AWARD OF CONTRACT
Decide on contract award, if necessary afterpre- award discussion
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
6.1 ISSUE LETTER OF ACCEPTANCE
Issue Letter of Acceptance
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6.2 PERFORMANCE SECURITY
Obtain Performance Security From Contractor
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
6.3 PREPARATION OF CONTRACT
AGREEMENT
Prepare Contract Documents
Signing of Contract
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Ministry of Electricity and Dams - Dams Implementation Unit -Contracts Directorate
6.4 NOTIFICATION OF UNSUCCESSFUL TENDERERS
Advise Unsuccessful Tenderers And Return TenderSecurity (If Provided)
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Fdration
Internationale
des
Ingnieurs-Conse
ils
FIDIC Tendering Procedure
FIDIC Standard Prequalification Form for Contractors