Standard Operating Procedures For Project and Contract Management 2020
Standard Operating Procedures For Project and Contract Management 2020
DISCLAIMER: This publication was produced for review by the United States Agency for International Development. It was prepared by
DAI Global, LLC. The author’s views expressed in this document do not necessarily reflect the views of the United States Agency for
International Development (USAID) or the United States Government.
USAID Transparent, Effective and Accountable Municipalities
(USAID TEAM) activity in Kosovo
The phases are basic blocks that enable project management and execution. They are presented in
serial format but are linked between themselves, with other structural units and responsible bodies.
The model shows also monitoring units because at the level of municipality, it was assumed that overall
process of implementing projects will be followed and monitored by a particular body (i.e. Steering
Committee) and also supported by Project Management Office (PMO) if such unit is established. The
arrow links in this model show connections among the phases and the units. The wider arrows show
the distribution of documentation from one phase to another. The smaller arrows show the
coordination and feedback activities that are important while the projects are implemented. This
model is basic structure of activities and might be developed in more details by adding additional
elements which will be determined by the municipalities themselves.
A
A. PLANNING PHASE
The Planning phase (Figure 2) has two timing periods, the before and after of the budget approval. The
planning phase starts with definition of project opportunities and their proposal for budgetary needs.
The requesting unit of the municipality is responsible to make such planning of the budgetary
requirements in accordance to the deadlines provided by the legislation.
Follow-up and QC
Program Project Project task-
Planning justification definition
Project documents
Project Planning
After the budget and the procurement plan are approved, the request unit initiates project
implementation. In this phase it is necessary to define Terms of References (ToR) for the project and
prepare necessary documentation that will be part of the tender. Such documents are technical
specifications (TS), design documentation and other formal requirements. The SOP structure for this
phase is presented in the table below.
A1
PROJECT IDENTIFICATION AND CONCEPTUALIZATION
A 1.0. General procedure to define roles and duties of the Request Unit
request unit during the project implementation
A1.0. GENERAL PROCEDURE TO DEFINE ROLES AND DUTIES OF THE REQUEST UNIT
DURING THE PROJECT IMPLEMENTATION
Code: SOP A1.0.
Issued on: 03. Feb 2020
Revised on:
Purpose
To define overall steps that Requesting Unit (RU)needs to provide during the project implementation.
General Description
This is a master procedure that covers more individual procedures such as defining the roles and
duties of the RU during the overall project implementation.
Entitlement
This procedure is entitled for all types of projects. However, different types of contract have different
level of activities within the procedure.
Legal Background or References
This procedure is based on the actual legislation:
• Law 04/L-042 on Public Procurement and its applicable regulations and administrative
instructions,
• Law 04/L-110 on Construction and its applicable administrative instructions,
• Law 04/L-174 on Spatial Planning,
• Law 03/L-048 on Public Financial Management and Accountability and its applicable
administrative instructions,
• Law no. 03/L-139 on Expropriation of Immovable Property and its applicable administrative,
and
• Other relevant laws and their applicable administrative instructions for project development
and implementations, depending on the nature of the project.
SoP A1.1.
Assembly
Program
decisions
Planning
SoP A1.4.
Project
Justification
Project is
NO Reject Project
justified?
YES
SoP A2.2.
Control of SoP A 2.1.
preparation Technical Doc
of project preparation
documents
Follow-up
Procurement
process
Follow-up
Management
of Contract
Project
closure and
acceptance
Utilization of
project results
Purpose
To define requirements necessary to prepare a program and project portfolio that will be used to
define the new annual budget. .
General Description
This procedure covers overall activity that is required to prepare and define a portfolio of projects
for the whole coming fiscal year. The projects are initially proposed from the RU and later compiled
into an overall program that is submitted for the definition of the Annual Budget.
Entitlement
This procedure is entitled for all types of projects.
Legal Background or References
• Law 03/L-048 on Public Financial Management and Accountability and its relevant revisions,
• Procurement Law04/L-042 and its relevant revisions,
• ‘Rules and Operation Guideline for Public Procurement’ (April 2019),
• Previous Annual Budgets to compare projects,
• Mid-term budgetary planning or strategic plan (if available).
• Links with others SOP
• SOP A1.3. Project Justification Procedure, and
• SOP B1.1. Procurement Planning Procedure.
Scope and Objectives
• Scope: RU prepares project proposals and their program for the upcoming year and submits
it to the Chief Financial Officer (CFO). The CFO or adequate team collects the proposals and
compiles project portfolio for the next fiscal year.
• Objectives: achieve qualitative selection of project opportunities and deliver proposals on
time.
Requirements
• To set up a system of definition and monitoring of programming function, and
• Data and information from the field and other sources about the particular project proposal.
1
Timing is very important for implementation of this procedure. Each budgetary organization should specify deadlines for this procedure
independently.
Set up the
Programming Task
Force (PTF)
Organize initial
meeting of the PTF
Collect and
organize all data
Organize meeting
to discuss results
Revise Report
Draft Report
NO
Completed
YES
Program Proposal
Archive
Submit Proposal
to CFO
2
In Kosovo practices, definition of project or design requirements is expressed as ‘Project Task’. International practices use notion ‘Project
Brief’’ or ‘Design Brief’. Documents of Project Brief include other papers such as: ‘The statement of needs’ or ‘The Strategic Brief’. More specific
term ‘Design Brief’ is also used in the context of briefing elements of the design.
Task-definition is
achieved?
YES
Project task-
definition
document
Submit the
document to the
Programming
Task Force
Reporting
Reports about the completed project task-definition documents submitted to the Planning Task Force.
Select types of
projects
Need for
NO external YES
expertise?
Engage external
Engage internal
expert or
expert
consultancy
Conduct
Conduct simple
comprehensive
investment
investment
analysis
analysis
Projects’ analysis
report
Submission of the
Report to PTF
Submit Task-definition
SoP A 1.2. documentation and
Task-definition other necessary
documents
SoP A2.2.
NO
Control and
Follow-up
Project
Documentation is
completed and
approved?
YES
Accept project
documentation
Submit the
documentation to the
Procurement Office
CO Informs the
Provider of the
technical
documentation
Production of the
technical
documentation
NO
Project documents SoP A2.3.1.
are finalized? Quality
Control
YES
Signoff document of
acceptance is
prepared
3
Internal checklists should be developed internally by the designer or can be defined as Best Practices document.
4
Can be defined in Best Practices.
NO
Design is
completed?
YES
Design is
acceptable?
YES
Revisions
required?
NO
Figure 9. Process Map for Quality Control of the Process of Preparing Technical Documentation.
5
These procedures are not part of this engagement!
C1
CONTRACT INITIATION AND GENERAL PROCESSES
C2
PREPARATORY ACTIVITIES
C2.1. Procedure to enable access to the site for the Contractor CM; Contractor
C3
CONTRACT OPERATIONALIZATION
C3.9. Defect liability and final acceptance procedure Contracting Authority; Contractor
Sub-contracting
Work Plan
Follow-up
Initial meeting
Nominating
Contract Commissioning
Manager Site access
Inspection
Non-conformity
Change Order
Transmittals Submittals
Documentation Management
Contract Management
Discussions to propose a
Contract Manager (CM) for the
project
NO
Procurement proposes
nomination of CM to the Mayor
Nomination
accepted?
YES
The Mayor signs decision to
nominate the Contract Manager
Finance Department
Contract Management
Requesting Unit
documentation is submitted
Contract Manager
SoP C1.2.
Initial Meeting and Contract
Management Plan
Figure 11. Process Map for Deelegation of the Contract to the CM.
6
Best Practices.
7
Best Practices.
CM makes necessary
preparations to start the
Contract
Initial meeting
Revision of the
Contract Management Plan is
Contract
delivered to Procurement
Management Plan
Plan is
NO
approved
YES
Figure 12. Process Map for deelegation of the contract to the CM.
8
Law NO. 05/L-031 on General Administrative Procedure.
9
Although the Contract documents enable delivery of written communication by e-mail, it is advisable that hard copy format is used to
deliver administrative orders or letters that have direct impact on contract results (such as Commencement Letter, delay notices, payments,
etc.).
10
The contract articles state clearly that the sender of the letter should undertake all necessary measures to ensure the acceptance of the
document by the recipient.
Official communication
required
Transfer verbal
communication Write and send an
E-mail? YES
into a formal e-mail
letter!
NO
Register the
Request the signature reference number
for acceptance of the of the letter into a
letter! correspondence
log book
NO
Approval?
YES
Revised on:
Purpose
To define the process of delivering permission for the Contractor to access the site.
General Description
After the initial activities of the project and the definition of the CMP, the CA organizes handover of
the site to the Contractor. During this procedure, the Contractor receives all necessary
documentation, information and responsibility to perform the work or services on the specified site.
Entitlement
This procedure is entitled for work contracts and in specific cases to other types of projects and
contracts.
Legal Background or References
• Part Two (GC) of the contract template prepared for public projects under the title ‘Access
on Site’ (Article 6), and
• Best practices.
Links with other SOPs
• SOP 1.2. Initial meeting and CMP, and
• SOP 1.4. Submittals.
Scope and Objectives
• Scope: preparation of all necessary means (such as documentation and information) about the
site and formal delivery of the site to the Contractor.
• Objective: transfer smoothly the site to the Contractor.
Requirements
• Site ownership documents,
• Site permits,
• Site survey document with site borders and topography,
• If applicable, documentation about underground status on site, and
• Other relevant technical documents that are related to the location.
Revision
required?
NO
Adopt Work
Program?
NO
11
For details to prepare activities for this procedure see Best Practices.
Minutes Reports
Archive
12
This content is only proposal. Parties involved in the project might adapt it.
Documents Documents
Archive
Approve new
Sub-contractor?
YES
Approved from
Procurement?
YES
13
For details to prepare activities for this procedure see Best Practices.
CM receives inspection
request by and makes
preparations for site visit
Start new
inspection cycle
Inspection
Fill inspection form or Site Diary protocol
YES Revision
required?
NO
14
This procedure is usually not practiced in Kosovo.
15
For details to prepare activities for this procedure see Best Practices.
Identification of Non-conformity
Archiving Non-
Fill Non-conformity form conformity Report
SoP C3.4.
Inspection
process
16
For details to prepare activities for this procedure see Best Practices document.
17
Substantive changes are items that have not been predicted in the contract documentation or the items that are part of the contract
documentation but are changed in the amount that influences somehow contract conditions.
NO Substantive?
YES
Discuss
implementation of
changes within The parties analyze situation
actual contract and prepare documentation to
conditions initiate changes procedure
Necessity to ask
YES
Designer?
Additional NO
information
required?
Reject changes!
NO
Change
NO
Approved?
YES
Revisions
YES
required?
NO
Revisions
YES
required?
NO
Purpose
To present the steps in closing the contract.
General Description
After the contract Defect Liability Period has been completed, it is necessary to do Final Acceptance
of the activities predicted in the contract, to control completeness of documentation and to signoff
the Contract closure documents.
Entitlement
This procedure is entitled for all types of projects and contracts. However, there are differences in
the process of implementing closure of the project for each type of contract. Work contract closure
is defined in the Construction Laws, while supply and service contracts are more due to internal
institution rules.
Legal Background or References
• Law on Construction,
• Administrative Instruction 05/2017,
• Part Two (GC) of the contract template prepared for public projects (Article 33, 34 and 35),
and
• Internal regulation of the municipality.
Links with other SOP
• SOP C1.3. Procedure for written Communication, Transmittal or RFI,
• SOP C1.4. Submittals,
• SOP C3.2. Documentation Management Procedure,
• SOP C3.4. Inspection Procedure, and
• SOP C3.8. Provisional Acceptance Procedure.
Scope and Objectives
• Scope: describe overall activity that is necessary during the Defect Liability Period and closure
of the contract.
• Objective: to enable clear and precise definition of steps and duties that the parties in the
project should follow-to close the Contract.
Requirements
• Organize and implement procedures to complete Defect Liability Period,
• Set up a system of closing the contract,
18
For details to prepare activities for this procedure see Best Practices document.
NO
Guarantee period
expired?
YES
Revisions
YES
required?
NO
Figure 25. Defect Liability, Closure of the Contractand issuing of the Final Acceptance Certificate.
I. Commencement/Contract Mobilization
Deadline 15.07.2020
Amount of liquidated damages including the 0.25 % up to 10 % of the total contract value
limitation of the liquidated damages
Max 253,140.00 €
Inspection of workshops, material and production Supplies and works will always be inspected, and checks will be
premises made for any remarks to correct and remove on time.
Temporary Payments or in stages The Contracting Authority will pay the contractor the contracted
value in four situations-stages with minimum value at 50,000.00
€ for the completed works and ascertained by CM.
Final temporary payment at the value of 53,140.00 € will be
paid maximum 30 days after the approval of the report for
works completion and Provisional Certificate.
Project Manager
Project Manager
20
To be signed by the Project Managers.
To: Contractor
Address:
Tel.: +xxx (0) xxxxxxx
Email: [email protected]
Copy to:
Contracting Authority “Our Municipality”
Address:
tel.: +383 (0) xxx xxx
Email: [email protected]
25 February 2019
Project title: 000-19-12-5-2-1 Restauration of the School in our Municipality
Letter of Commencement
This letter is issued in accordance with the Rules and Operational Guidelines on Public Procurement
A01 article 61.10/a.
We hereby inform the Contractor on the date of commencement of the works. The works shall
commence on 4 March 2019.
Sincerely,
Menaxher Gashi
Menaxher Gashi
A copy of this letter is sent to the Responsible Procurement Officer in accordance with ROGPP, A01
article 61.11, and it becomes an integral part of the contract