Lecture - 2 Procuremnt, 1
Lecture - 2 Procuremnt, 1
Management
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1.2 Contract and procurement management basics
Procurement and Contract Management involves three
major processes:
• Contract Planning,
• Procurement Management and,
• Contract Management which in turn consists of the
following
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1.2.1 Contract Planning
Procurement and Contract Management
processes shall be based upon the approved
contract planning provisions; that is,
the contract delivery system,
the procurement method and
contract types decided upon.
With Provisions for alterations b/c to
meet regulatory requirements such as:
Ethical, Economical, HSE and
Transparent.
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1.2.1 Contract Planning
The approved contract provisions can only be
changed following the change process stated in
the contract planning document and if and only
if:
the Environment and Context considered
are not correctly analyzed or changed,
their application can remarkably affect
the objective of the project, and
procurement management process
justifies change of the Contract Types.
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1.2.2 Procurement Management
Procurement Management is a process of
selecting individuals or organizations to carry
out the intended services and / or works.
It is based on provisions made on contract
planning phase. It involves
the preparation of procurement
documents
invitation and submission of tender
proposals
Opening and Evaluation of tenders
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1.2.3 Contract Management
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3. Procurement Management
3.1 Introduction and purpose
Procurement is a process used to select the
lowest competitive and qualified bidder for
procuring services or works or goods from
potential competitors based on reasonable
relevant criteria.
Physical infrastructures are cost extensive
and appropriate savings obtained through
competition are the main factor behind the
procurement process
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3.1 Introduction and purpose
it desirable to regulate procurement of goods,
construction and services so as to promote the
objectives of:
Maximizing economy and efficiency in
procurement;
Fostering and encouraging participation in
procurement proceedings by suppliers and
contractors,
Promoting competition among suppliers and
contractors for the supply of the goods,
construction or services to be procured;
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3.1 Introduction and purpose
Providing for the fair and equitable
treatment of all suppliers and contractors;
Promoting the integrity of, and fairness
and public confidence in, the procurement
process; and
Achieving transparency in the procedures
relating to procurement,
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3.1 Introduction and purpose
An effective and efficient procurement method
ensures the following rights called the "Five
Rights". These are
The Right Quality,(technical expectation
and economic consideration-using
specification)
The Right Quantity, (Take-off-Sheet
Measurements and Resources Allocations)
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3.1 Introduction and purpose
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3.1 Introduction and purpose
The purposes of a Procurement Management
System can be summarized into two major
points:
To satisfy the need for economy and
efficiency,
To provide equal opportunity to
competitive bidders.
The successful achievement of these purposes
requires the following seven characteristics
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3.1 Introduction and purpose
Figure : Seven Characteristics of Tendering
Notice of
Advertisement
Avoidance of Proof of
Subjectivity Competition
Characteristics
of tendering
Accessibility Impartiality
Formality Neutrality
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Characteristics of Tendering
Notice of advertisement:
Through an official newspaper, mass media,
and notice boards etc. which can enable the
advertisement to reach wide range of
competitors.
Proof of Competition:
tenders should be unlimited competition,
unless otherwise conditions such as
complexity and specialisation of projects
require restriction to open competition.
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Characteristics of Tendering
Neutrality: care shall be taken When
The specifications are prepared
To avoid preference to limited
alternatives
The bidding documents (contract conditions)
shall be balanced
Not to cause disruption of the task to be
accomplished.
Accessibility:
The place where bid documents are purchased
shall be clearly indicated
The place, dates and time for submission shall
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be notified
Characteristics of Tendering
Impartiality: During tendering if clarification is
requested, do so accordingly to all bidders
Often Pre-Bid Submission Meeting is used for
this purpose.
Negotiation is not allowed during tender
period.
Formality: Strict adherence to formality shall be
taken to all tenders like
the submission & opening of bids (place, date
and time)
rejection of late and non-responsive bids
the bid security condition shall also be a
16 formality to all tenders
Characteristics of Tendering
Avoidance of subjectivity:
Criteria for evaluation shall be strictly
set out in the instruction to bidders’
part of the bidding document and all
evaluations shall be carried out
accordingly.
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3.1.2 Procurement cycle
Let us discuss procurement from where to where.
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3.1.2 Procurement cycle
A. Requirement identification
The procurement cycle begins with
identification of need which creates a
requirement.
E.g. a need to cross a body of water
creates a requirement to build a
bridge.
Budget allocation and fund availability are
determined before submission of
requirements.
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3.1.2 Procurement cycle
B. Procurement Planning:
once requirements are defined and approved,
procurement planning begins. At this phase
determine the following;
i. What is needed, when and what is the
relationship to other requirement?
ii. Is the requirement dependent or
independent of other requirements?
iii. if dependent, what is the relationship to
other dependent requirement
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3.1.2 Procurement cycle
B. Procurement Planning CONT…
i. When is the dead line to fulfilling the
requirement.
ii. Is there sufficient time to fulfill the
requirement given the project schedule.
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3.1.2 Procurement cycle
C. Procurement requisition processing:
The first step here is to determine what the
requesting entity wants. This is done by reviewing
specification or description of goods or services or
works required.
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3.1.2 Procurement cycle
E. Prepare and publish bidding document:
Bidding process to begin after procurement
method determined
F. Pre-bid / meeting and site visit:
Pre-bid meetings are held alone or in conjunction
with a site visit.
Pre-bid meetings are held primarily for complex
requirements.
The purpose of pre-bid meeting is to clarify the
bid documents.
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3.1.2 Procurement cycle
G. Bid submission and opening:
During the opening event the following needs to be
determined
Is the bid received in a sealed envelope?
Is the bid form completed and signed?
Is the bid received on or before the
submission date and time?
Is there a power of attorney mandating the
authorized representative to sign the bid?
Is the bid security ( if any) in the form and
amount stipulated in the bidding document?
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3.1.2 Procurement cycle
H. Bid evaluation: before the bid evaluation takes place,
an evaluation panel is formed and approved.
Initial examination is done during the bid opening:
circumstances that could lead to the rejection of bid at
this stage are
Compliance of documents received with the
submission requirements.
Late bids
Preliminary examination of the bid
The responsiveness of the bid to the bid
documents
Detailed examination of the bid
Price comparison is done to determine the lowest
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qualified and responsive bidder
3.1.2 Procurement cycle
I. Award recommendation:
the contract award recommendation resulting from
evaluation of bids lead to a request for clearance/
no-objection to award contract.
If no-objection, the contract award
recommendation will be published and noticed.
If there is any claim received, it will be
reviewed and investigated to determine validity.
A valid claim may result in suspension of the
intent to award, in order to undertake detail
investigation which could lead to re-evaluation
of bids or cancellation of the evaluation process.
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3.1.2 Procurement cycle
J. Contract negotiation:
Contract for goods or works procurement are not a
usually negotiated except under special
circumstances the details of which must be
specifically stipulated in the bidding document.
K. Contract award:
For goods and works procurement, contract award
takes place with the notification of the responsive
bidder with lowest evaluated price.
Such notification is done by the way of a formal
letter of acceptance.
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3.1.2 Procurement cycle
Post contract award considerations:
After contract signing, unsuccessful
bidders have the right to request
debriefing by the procurement entity.
The debrief can be done orally or in
writing.
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3.2 Procurement Methods
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3.2.1 Things to be Procured
(Goods Vs Services Vs Works)
Depending on the delivery system chosen during the
contract planning phase, mixed types of procurement
types can be adopted
Procurement of Goods: Physical resources such as
Materials and Equipments
Procurement of Services: often termed as consultancy
services procurement. These include services like
feasibility studies,
design and contract administration of projects,
Construction management consultancy services,
research or study based consultancy services, etc.
Procurement of Works: the procurement of contractors
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to carryout the actual physical infrastructures.
3.2.2 Bidders’ Coverage
(Competitive Vs Negotiated Tendering)
Competitive Tendering: selection of better and capable
winning bidder among the various eligible firms. it can
either be Open or Limited Competitive Bidding in the
form their invitations.
Open competitive bidding allows all eligible
bidders to participate.
Limited competitive bidding allows a number
of selected firms only.
The major difference between open and
limited competitive bidding is the addition of
qualifying criteria beyond eligibility.
Limited Competitive Bidding is often used when the
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nature and urgency of the work justifies to do so
3.2.2 Bidders’ Coverage
(Competitive Vs Negotiated Tendering)
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3.2.4 Procurement Awareness
(General and Specific Procurement Tendering)
This approach is used:
The Project Owners to
identify interested bidders to issue
Invitations by letters and save time;
identify bidders relevant for the
procurement required;
protect loss of cost in preparing lots of
tender documents.
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3.2.4 Procurement Awareness
(General and Specific Procurement Tendering)
The Bidders to:
give sufficient time to assess the cost of the
project;
protect loss of cost only to participate; and
encourage competent bidders who wary about
low-balling to participate
There are two types of General Procurement Notice
based on their purpose why and when they are notified
The first type of GPN
When?-- announced as soon as the design is
started
Why?-- to create awareness and let bidders’
37 prior information about upcoming projects
3.2.4 Procurement Awareness
(General and Specific Procurement Tendering)
The second type of GPN
When?--announced after financial sources are
determined
Why?--to determine interested bidders who
could be invited in the form of Limited
Competitive Tendering.
GPN covers
the Employer and its financiers for its
project;
Description of the project with its probable or
planed implementation time;
type of procurement method and address
38 where further information can be obtained.
3.2.4 Procurement Awareness
(General and Specific Procurement Tendering)
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3.2.5 Procurement Steps:
(Single Vs Two Staged and Pre-Vs Post-Qualification
Tendering)
Single or Two Staged Tendering: are related with
whether tender packaging for submission
separately and their evaluations are staged for a
single or two steps when invitations are made.
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Pre - qualification can be of two types
The first is Single stage tendering: when
companies are already considered qualified
during their licensing requirements.
(evaluation criteria become the low priced
bid)
The Second is when two staged tendering is
used to pre-qualify tenderers’ for their
technical competency. Once pre-qualify,
either the lowest priced or the lowest
evaluated bidder recommended for award.
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3.2.5 Procurement Steps
The advantages of pre - qualification in procurement are:
To the employer To the Bidder
Protect the employer Saves bidders from the
against unqualified cost of preparing bids
bidders
Quicker Evaluation for Assure pre-qualified
only pre-qualified bidders bidders for their bid
considerations
Ensure award to least Reduce low balling
evaluated not lowest bidders from participation
bidder
Assess level of interest Make bidders to be better
shown by bidders planned
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Show competency &
3.2.5 Procurement Steps
Advertisement
Invitation To Project Scope, Location, Source of finance Check Eligibility
Check Competitive Advantage
Pre-qualify Issue, Submission and Opening dates of
Collect Information
Tenders
Tendering Instructions to pre-qualify and evaluation
Decide to participate
Phase criteria
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3.3.1 Procurement Preparation
Procurement Team:
Ethiopian Procurement Regulation states
that a Procurement team consisting of a
minimum of three members shall be
established.
As Tender Evaluation is a joint
technical and commercial exercise,
the project owner shall consider that
the necessary experts shall be
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composed in the procurement team.
Tender document
Tender Documents: are prepared to
Instruct bidders on the procedures for the
preparation and submissions of bids,
Inform prospective bidders about the
nature of things to be procured,
Inform bidders about the criteria for
evaluation and selection of the successful
bidder, and
lay down the contract conditions, delivery
system, procurement methods and contract
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types of the project.
Tender document cont…
Tender documents include:
Form of Invitation to Tender or Request for
Proposals;
Instruction to Tenderers (Standard and / or
Particular information) or Terms of References;
Prequalification Documents if necessary;
Forms of Tender;
Forms of Contract Agreement;
General and Particular Conditions of Contract;
Bill of Quantities and Drawings ;
Technical Specifications & Methods of
Measurement;
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Other Forms, Formats and Schedules.
Tender document cont…
Invitation for Tender (IFT): is a requisition
for interested bidders to participate for the
procurement of services / works / goods. It
shall be:
in accordance with the approved
provisions of the contract planning
phase and applicable laws
made public through the wide covering
media, newsletter, notice boards, etc
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Tender document cont…
Usually Invitations for Tender include:
Name and address of Institutions issuing
the invitation and Clarification if
requested,
Objective and Requirements of the
Invitations,
Stages and accordingly qualification terms
Brief descriptions of the project
Sources of Fund and Eligibility
requirements
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Completion time, if necessary
Tender document cont…
Instruction to Bidder (ITB)
shall provide all the necessary
information to enable bidders to
prepare their offer in accordance with
the requirements of the Project Owners.
Whenever necessary, it will be
supplemented by particular information
which cannot be standardized or
generalized in the General ITB
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document
Tender document cont…
The ITB document includes:
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Tender document cont…
The ITB document includes:
E. Evaluation and Comparison of Bids:
Confidentiality, Clarification of Bids,
Responsiveness of Bids, Nonconformities and
Omissions,
doubtful price quotations and errors in calculation,
Margin of Preference, Conversion to Single
Currency,
Preliminary Examination of Bids, Legal,
Professional, Technical, and Financial Admissibility
of Bid
Evaluation of Bids, Comparison of Bids, Post-
56 qualification Evaluation, Acceptance or Rejection of
Tender document cont…
The ITB document includes:
F. Award of Contract:
Award Criteria
Announcing and Awarding of the
Successful Bidder
Signing of Contract
Performance Security
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Approval of Tender Documents
Regulatory requirements enforced for:
Budgeting, Credit, Assistance and Grant
Policies;
Health, Safety and Environmental
Requirements;
Professional, Ethical and Legal
Requirements
demand checking, renewal and approvals of
Tender Documents. Checklist for review is
the best practice used for Tender Documents
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approval.
3.3.2 Tendering Phase
Invitation:
Normally open tenders are floated for a period
between 21 to 45 days. Limited and Negotiated
tenders can be invited between 21 to 35 days. The
invitation to tender shall clearly state:
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Clarifications
Can either be
requested by interested bidder or
carried out using a pre - tender
clarification meeting
In both cases issues clarified shall be sent
(written) to all bidders
The bidders shall submit their offer on or
before the submission date and time.
Late bids are automatically rejected.
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Tender Opening
Bids shall be opened in public on the date,
at the time and place
Ethiopian practice in tender opening for
public construction projects is that
Project Owner,
Consultant ( if available) and
Contractors (Who wish to attend)
representatives from concerned public
agency ( if necessary)
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Tender Opening
The following will be carried out during tender
opening:-
Tender Attendee members shall take their
place, be registered and shall sign to attest
their presence during opening
Tender box opened and checked for faulty
things,
Bids will be opened one after the other,
All necessary data which deem useful will be
read aloud and recorded at the opening of
bids.
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Tender committee members shall sign on the
3.3.3 Tender Evaluation Phase
It is made to determine and make award
recommendation for the least evaluated bidder or
lowest bidder using preliminary and detail
evaluations.
The recommended winner may or may not
necessarily be the lowest bidder in case of least
evaluated bid.
Factors to be considered in determining the least
evaluated or lowest bidder are.
63 technical qualification,
Preliminary Evaluations
Preliminary Evaluations are made for
Eligibility and Arithmetic Review requirements
Eligibility Requirements:
Most often sited issues considered in eligibility
requirements are:
Valid & Up to date Trade and Professional
License,
Valid & Up to date Membership to
Financier Organizations
Valid provision of Bid Security or Bond,
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Preliminary Evaluations cont…
Additionally, these requirements are also
accessed:
Completeness and submittals of all
required documents,
Turnover requirements fulfilled
Power of Attorney, Signature and Sealing
Requirements, and
Appropriate Invitation, Packaging and
Submission Requirements.
These eligibility requirements together with
65 basic alterations of the conditions of the
Preliminary Evaluations cont…
For guideline during tender evaluation; outlined
when a tender is considered major deviation
(non-responsive) or not
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Detail Evaluations
Detail Evaluations include Technical, Commercial
and Financial Qualification requirements.
Technical requirements:
at this stage eligible bidders evidence of their
ability to perform the services required by the
employer is to be examined.( see pre-qualification
part )
Commercial Evaluation:
This includes
Benefit Forgone due to Completion Time;
Additional Costs due to differences in Foreign
68 Currency Exchange and Advance Payment
Detail Evaluations Cont…
Benefit Forgone due to Completion Time:
When tenders are offered with different completion
times, comparisons are made to determine the benefit
forgone taking into account the least acceptable
completion time as a basis for competitions. The
Benefit Forgone (BF) due to additional
completion time can be computed using the
following expressions:
BF = (FV – TO) / (1 + i)n; FV = TO (1 + i)n
TO = Tender Offer after Arithmetic Check; n =
Completion time in days
69 i = Discount Rate = 0.05 % per day = 1.5 % per month;
Detail Evaluations Cont…
Additional cost due to
Foreign Currency Exchange requirements
When tenders have provisions to quote different
currencies, their comparison will be made based on
determining their effects due to the additional cost
incurred for variations in currency exchange
requirements.(convert all tender into one currency)
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Detail Evaluations Cont…
Advance Payment
When different amounts of advance payment
are requested as part of the tender offer, this
does not give the same basis for evaluation. so
that, there shall be the same basis for proof of
competition
Therefore, the evaluation should take
minimum advance payment request as a basis
and consider others for additional cost incurred
due to different mobilization advance
71 requirements.
The Additional Cost due to differences in
mobilization advance requirements can be
computed from the following expressions:
APAC = {(AP x TO) / 100} – PV; PV = A x
PWF; A = {(AL%) x TO} / n; PWF = {(1
+ i)n – 1} / {i(1 + n)n}
AP = Advance Payment Requirement in %;
TO = Tender Offer after Arithmetic Check;
i = Discount Rate = 0.04 % per day; n =
Completion time in days
PWF = Present Worth Factor; PV = Present
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Value
Detail Evaluations Cont…
Domestic and / or Regional Preference
Domestic or regional preference margin is a
provision to give preference to local companies
even if their bid offer is not over by a percentage
often equals 7.5-10 % for construction works
A contractor can be eligible for such preference
margin if and only if;
Its legal constitution is in accordance with the
Employers’ Country / Region
It is registered according to rules and regulations
of the Employers’ Country / Region
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Detail Evaluations Cont…
A contractor eligible for preference margin if and only
if;
It has proof that its majority of works are undertaken
in the Employers’ Country / Region
Its majority of capital shares are held by the
Employers’ Country / Region nationals
Its majority of the board of directors members are
the Employers’ Country / Region nationals
Its 50 % key personnel are nationals of the
Employers’ Country / Region
Its arrangement to execute the work should not
involve major part of its work or net profit other
74 than the Employers’ Country / Region Nationals or
Detail Evaluations Cont…
Financial Offer Comparison:
After all commercial comparisons are considered
on the same bases; the Tender offer will be
adjusted based on the Cost - Benefit principle
which involves adding costs and benefits
foregone. Besides, the preference margin will also
be added and Least evaluated Bidder is
Determined. That is:
TO evaluated = (TO + BFCT + ACAP + ACFE +/- PM)
Besides, Financial offers per groups of trades of
works are compared in order to evaluate whether
75 tenders are front loaded or not. Front loading often
Rejection of All Tenders
Rejection of All Tenders is solely the power of the
employer to decide, for the sake of fairness. it is
recommended that such rights shall be exercised
in the following cases:
All Tenders are found non – responsive during
the Preliminary evaluations
Evidences of lack of competitions such as
collusion among bidders, monopoly, etc
Lowest responsive offer is found unreasonably
high.
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Local Practice
Service Contract
Tender Evaluation committee is formed ( counterpart engineer and other
project engineers)
Bid document are evaluated
Technically
Then financial
Technically
Financial
Those who has achieved more than 70% technically will be
called for financial evaluation.