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IPA Supply Contract Management

Bölgesel Rekabet Edebilirlik Operasyonel Programı’nın Uygulanması için Kurumsal Kapasitenin Oluşturulmasına Yönelik Teknik Yardım Technical Assistance on Institutional Building for the Implementation of RCOP in Turkey. IPA Supply Contract Management.

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IPA Supply Contract Management

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  1. Bölgesel Rekabet Edebilirlik Operasyonel Programı’nın Uygulanması için Kurumsal Kapasitenin Oluşturulmasına Yönelik Teknik Yardım Technical Assistance on Institutional Building for the Implementation of RCOP in Turkey IPA Supply Contract Management This project is co-financed by the European Union and the Republic of Turkey Compressed Module By: H. Cahit Ekiz, Senior Expert cahit.ekiz@gmail.com Ankara, 9th October 2012

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

  3. The project cycle

  4. Actors of Implementation Period TA Contractor EU Developers EU Management and Audit Organisations Manufacturers ERA / Endrecipient Supply Contractor Sub contractors EUD RCP-CID Suppliers Other 3rd parties Works Contractor Supervision Contractor

  5. Tools (Documentation) PRAG (Practical Guide to contract procedures on EU External Actions) IPA Turkey - RCOP Implementation Manual • Practical Guidelineon IPA Project Implementation • Contract

  6. Practical Guidelineon 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]

  7. 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.)

  8. Supply Contract Types • Purchasing • Leasing • Rental • Hire purchase

  9. Basic Stages of a Supply Contract • Commencement • Delivery • Installation • Put into Operation • Training • Inspection and Testing • Warranty

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

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

  12. 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

  13. 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

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

  15. Implementation Programme • Special Conditions_Article 13Programme of implementation of the tasks (timetable) • Supply, delivery, unloading, installation, commissioning inspection and testing, and training must be completed withinxxcalendar days from the commencement date. • The Contractor shall be responsible for unpacking of the goods at Delivery Addressand shall be ready for inspection and testing after completion of the delivery of supplies. • Inspection and testing shall be completed withinxxcalendar days after the tendered supplies have been physically delivered, installed and put into operation. • Provisional acceptance shall take place withinxxcalendar 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 Contractor’s warranty expires, the Contractor shall provide one year commercial warranty service as well.

  16. 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 tendershall be applicable to the quantities procured under the variation.

  17. 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

  18. Delivery, Installation & Start-up • Site availability • Infrastructure conditions • Security • Respondent

  19. Training • User / operator training • Technician training

  20. 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

  21. 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

  22. 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 oforigin of the supplies • Visibility rules • Over all functioning of the systems (whole system) • Different test scenarios (performance, stress, recovery, reliability, etc.)

  23. Provisional Acceptance • Partial acceptance (General Conditions Article 31.5) • Conditional acceptance

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

  25. 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. • AfterFinal Acceptance • In addition there will be commercial warranty after this Contractor’s warranty expires. The one (1) year commercial warranty documents should be accompanied with the documents for provisional acceptance.

  26. 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.

  27. 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

  28. 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

  29. 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

  30. 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

  31. Closing • Questions & Answers ?

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