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Training Programme on Contracts Implementation for End Recipients

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B lgesel Rekabet Edebilirlik Operasyonel Program n n Uygulanmas i in Kurumsal Kapasitenin Olu turulmas na Y nelik Teknik Yard m Technical Assistance on ... – PowerPoint PPT presentation

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Title: Training Programme on Contracts Implementation for End Recipients


1
Training Programme on Contracts Implementation
for End Recipients
Bölgesel Rekabet Edebilirlik Operasyonel
Programinin Uygulanmasi için Kurumsal
Kapasitenin Olusturulmasina Yönelik Teknik
Yardim Technical Assistance on Institutional
Building for the Implementation of RCOP in Turkey

Trainer Asli Gülgör Procurement and Contract
Management Non Key Expert
2
  • Supply Contracts

3
Content
  • Overview
  • Commencement
  • Delivery, Installation Start-up
  • Inspection Testing
  • Provisional Acceptance
  • Warranty
  • Final Acceptance
  • Synchronization

4

Introduction
  • Supply contracts cover
  • Purchase,
  • Lease,
  • Rental or hire purchase,
  • With or without option to buy,
  • of products (incidentally, including sitting and
    installation)

5
The project cycle
6
Actors of Implementation Period
TA Contractor
EU
Developers
EU Management and Audit Organisations
Manufacturers
ERA / Endrecipient
Supply Contractor
Sub contractors
RCP-CID
EUD
Suppliers
Other 3rd parties
Works Contractor
Supervision Contractor
7
Tools (Documentation)
  • PRAG (Practical Guide to contract procedures on
    EU External Actions)
  • Practical Guideline on IPA Project Implementation
  • Contract
  • IPA Turkey - RCOP Implementation Manual

8
Practical Guideline on IPA Project Implementation
  • Chapter 5- Implementation of supply contracts OA
    Article 5.4
  • Chapter 7- Financial management and regulations
    on tax exemptions OA Article 5.5 and 5.6
  • Chapter 8- Monitoring of projects/operations by
    ERAs OA Article 5.8
  • Chapter 9- Horizontal issues (Publicity,
    Controls, Auditing and Archiving) OA Article 5.9
    and 11

9
  • Lets remember

10
Technical Specifications
  • To give instructions and guidance to contractors
    at the tendering stage about the nature of the
    tender they will need to submit
  • To serve as the contractor's mandate during
    project implementation
  • TS becomes annex of the eventual contract awarded
    as a result of the tender
  • Thorough preparation of the TS is crucial for the
    ultimate success of the project

11
Technical Specifications

Specifics
  • Must afford equal access for tenderers and not
    have the effect of creating unjustified obstacles
    to competitive tendering
  • Clear, non-discriminatory and in proportion to
    the budget allocated for the project
  • Define the characteristics required of a product
    with regard to the purpose for which they are
    intended by the CA

12
Technical Specifications

Characteristics to be defined
  • the quality levels
  • environmental performance (taking into
    consideration the latest developments on the
    matter)
  • design for all requirements (including
    accessibility for disabled people, environmental
    aspects in accordance with the latest
    developments on the matter)

13
Technical Specifications
  • the levels and procedures of conformity
    assessment, including environmental aspects
  • fitness for use
  • safety or dimensions, including, the sales name
    and user instructions, terminology, symbols,
    testing and test methods, packaging, marking and
    labelling (including environmental labelling,
    e.g. on energy consumption), production
    procedures and methods

14
Technical Specifications
  • TS should clearly describe
  • What is required?
  • How much of every article is required?
  • Minimum quality standards?
  • When and where the supplies to be delivered?
  • Installation, training and after-sales service?
  • Warranty requirements, etc.
  • The delivered equipment will... SAME..

15
Contract
  • Contract text (signatures)
  • Special Conditions
  • Annex I General Conditions
  • Annex II Technical Specifications
  • Annex III Technical Proposal of the Contractor
    (Answers to Technical Specifications)
  • Supporting documents for Technical Proposal of
    the Contractor (Catalogues, brochures, data
    sheets, etc.)

16
Basic Stages of a Supply Contract
  • Commencement
  • Manufacturing
  • Delivery
  • Installation/calibration
  • Put into Operation/commissioning
  • Training
  • Inspection and Testing
  • Warranty

17
Special Stages for a Supply Contract
  • Ancillary services
  • Special design and production
  • Development
  • Customization
  • Assembly at the site

18
Financial Milestones for a Supply Contract
  • Pre-financing (40)
  • Provisional Acceptance (60)
  • Final Acceptance (Releasing Performance Guarantee)

19
Commencement
  • Special conditions Article 18, gives the
    commencement date, the starting date of
    implementation of a supply contract
  • - When the contract is signed
  • - On a definite and indicated further date
  • - Depending to an other event or condition
  • - Due to an administrative order issued by the
    OS/CA in a
    declared period

20
Commencement
  • Kick-off meeting (optional)
  • introduction of the contracting parties and their
    personnel who will be involved in the contract
  • reviewing the scope of contract
  • contract schedule and milestones
  • any changes of the delivery address(es)
  • any issues relating to proposed products
    availability by the Contractor
  • any issues relating to restrictions and special
    permissions regarding the products
  • any information or other assistance to be
    provided by the CA or ERA/End recipient to the
    Contractor, in accordance with the TS,
    field/place, current conditions and the time
  • other issues related with the specifics of the
    contract

21
Commencement
  • Site visit
  • Physical conditions
  • Meteorological and geological conditions
  • Additional structural and infrastructural works
  • Transport, unloading and storage conditions
  • Reviewing the layout plan

22
Implementation Programme
  • Special Conditions_Article 13 Programme of
    implementation of the tasks (timetable)
  • Supply, delivery, unloading, installation,
    commissioning inspection and testing, and
    training must be completed within xx calendar
    days from the commencement date.
  • The Contractor shall be responsible for unpacking
    of the goods at Delivery Address and shall be
    ready for inspection and testing after completion
    of the delivery of supplies.

23
Implementation Programme
  • Inspection and testing shall be completed within
    xx calendar days after the tendered supplies have
    been physically delivered, installed and put into
    operation.
  • Provisional acceptance shall take place within xx
    calendar days after the request of Contractor
    following completion of delivery, installation,
    putting into operation, training, inspection and
    testing.
  • Final acceptance shall take place after formal
    request of Contractor following expiration of 12
    months warranty period. After this Contractors
    warranty expires, the Contractor shall provide
    one year commercial warranty service as well.

24
Modifications
  • Before the contract signature
  • Tender Dossier (Instructions to Tenderers)
  • Article 21_Signature of the contract and
    performance guarantee (Sub Article 21.4)
  • Contract (Special Conditions)
  • Article 22_Variations
  • The Contracting Authority reserves the right to
    vary the quantities specified for the following
    items at the time of contracting and during the
    validity of the contract within a range given in
    below table
  • The total value of the supplies may not rise or
    fall as a result of the variation in the
    quantities by more than 25 of the tender price.
    The unit prices used in the tender shall be
    applicable to the quantities procured under the
    variation.

Lot/ Item No Description Original Quantity Maximum Increase Maximum Decrease

25
Modifications
  • Within implementation period (Before after
    commencement)
  • Administrative and financial issues
  • Technical issues
  • Product end of life
  • Proof and documentary evidence
  • Has same or advantageous rule of origin
    conditions
  • Has same price of the replaced item and under the
    condition given in the contract
  • Same technical specifications and quality or
    better
  • Compatible with the overall system

26
Delivery, Installation Start-up
  • Site availability
  • Infrastructure conditions
  • Security
  • Respondent

27
Training
  • User / operator training
  • Technician training

28
Inspection and Testing
  • Who does?
  • Inspection and testing team(s)
  • Provisional Acceptance Committee
  • What is to be checked?
  • Item exist, not damaged and operational, unused
  • Has same brand and model with the Contract by
    also considering any approved modifications
  • Has same or better technical specifications with
    the Contract by also considering any approved
    modifications
  • Has same or better performance with the Contract
    by also considering any approved modifications
  • Includes all the accessories and documents
    indicated in the Contract

29
Provisional Acceptance
  • The Provisional Acceptance Committee
  • Established by ERA according to internal
    procedure
  • There is no restriction in number
  • At least three people are preferable and for
    complex supplies it may be increased to five
  • Tools for the Provisional Acceptance Committee
  • Inspection and test reports
  • Any approved modifications
  • Contract

30
Provisional Acceptance
  • What is to be checked by the Provisional
    Acceptance Committee
  • Inspection and testing results
  • Validity and verification of supplies in
    quantities
  • Availability of the supplies in the delivery
    address
  • Rule of origin of the supplies
  • Visibility rules
  • Over all functioning of the systems (whole
    system)
  • Different test scenarios (performance, stress,
    recovery, reliability, etc.)

31
Provisional Acceptance
  • Partial acceptance
  • Conditional acceptance

32
Provisional Acceptance
  • What is the importance of Provisional Acceptance
    ?
  • When the Provisional Acceptance become issued ?

33
Warranty
  • During Provisional Acceptance
  • The Contractor shall warrant that the supplies
    are new, unused, of the most recent models and
    incorporate all recent improvements in design and
    materials.
  • After Provisional Acceptance up to Final
    Acceptance
  • The Contractor shall further warrant that none of
    the supplies have any defect arising from design,
    materials or workmanship. This warranty shall
    remain valid for one year after after provisional
    acceptance.
  • After Final Acceptance
  • In addition there will be commercial warranty
    after this Contractors warranty expires. The one
    (1) year commercial warranty documents should be
    accompanied with the documents for provisional
    acceptance.

34
Warranty
  • Article 32 (Special Conditions General
    Conditions)
  • The Contractor shall at his own cost replace
    defective or damaged equipment/parts during the
    warranty period. The Contractor has to
    troubleshoot the problem within xx working days
    of the request, overcome the problem and
    re-integrate to the system within maximum xx
    working days from the call of service. If the
    reparation of broken equipment/part is not
    possible, Contractor shall replace that
    equipment/part with another equipment/part. No
    additional cost will be borne by the Contracting
    Authority or the Beneficiary.
  • The Contractor shall response at site within xx
    days during warranty period.
  • The Contractor shall remain fully responsible for
    all warranty obligations even when some of the
    equipment is obtained from a third party.
  • In case a preventive maintenance session has to
    be executed then the Contractor shall inform the
    Beneficiary at least xx hours in advance of his
    intervention.

35
Final Acceptance
  • The Final Acceptance Committee
  • Established by ERA according to internal
    procedure similar with the
  • Provisional Acceptance Committee
  • Tools for the Final Acceptance Committee
  • Deficiency list detected during warranty
  • Warranty conditions of the Contract

36
Final Acceptance
  • What is to be checked by the Final Acceptance
    Committee
  • Deficiencies detected and actions taken by the
    Contractor during warranty
    period
  • Satisfaction of warranty conditions of the
    Contract
  • Availability of all the supplies in the
    installation address
  • Functioning of all the supplies
  • Over all functioning of the systems
  • Any conditions set by the Provisional Acceptance
    Committee

37
Synchronization
  • Projects
  • Prerequisite or parallel actions to be taken by
    other EU or differently financed projects or by
    third party actors
  • Components
  • Output(s) of one Contract may be required as
    input(s) by other Contract
  • Lots
  • Dependencies

38
Synchronization
  • Always keep in mind
  • Each Contract is a seperate document
  • Each Contractor is responsible for his Contract
  • Success of the Project is only possible with
    successful completion of all Contracts
  • This is only possible with careful management and
    coordination of the Contracts

39
Monitor the Contract with TS
  • TS is used to assess and control the performance
    of the contractor
  • TSR is used to legally enforce contract
    implementation if something goes wrong

40
  • Main responsibilities of ERAs during Contract
    Management

41
  • Hosting, organising (if needed) and participating
    in kick off meeting and any other meetings
    conducted during implementation period of Supply
    Contract
  • Participating in on-the-spot checks and site
    visits initiated by the CA
  • Monitoring the projects delivery installation,
    testing, inspection, training..
  • Ensuring that the Contractor performs the tasks
    in accordance with the pre-defined deadlines and
    to the standard of quality required in the TS

42
  • Notifying the CA about difficulties,
    deficiencies, on-performance or suspect of
    irregularity during contract implementation
  • Issuing (suggesting/approving/rejecting) the
    contract modification requests (Addendum/Administr
    ative Orders) if needed

43
  • Acceptance of the equipment delivered
  • Monitoring testing and inspection
  • Participating in the trainings defiend in the
    Contract
  • Establishing the provisional and final acceptance
    committies when required by the CA

44
Critical...
  • Ensure the synchronisation of Supplies with other
    components of the Project (services and works)

45
  • Questions..
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