Marine Infrastructure Development

European Bank for Reconstruction and Development

Kiev, 3 February 2017
What is EBRD?
European Bank for Reconstruction and Development
International financial organisation established in 1991

Capital base EUR 30 billion

Credit rating of AAA by Standard & Poor's, Moody's

and Fitch
Shareholders of the Bank
Two international organisations and 65 countries
Mission
The Bank promotes transition to market economies in 36 countries from Central
Europe to Central Asia with an emphasis on working together with the private sector,
we invest in projects, engage in policy dialogue and provide technical advice that
fosters innovation and builds sustainable and open-market economies.

The Bank promotes policy dialogue with regards to investment climate, business
environment and policy matter.
EBRD Procurement Policies and
Concession Policies

DOCUMENT OF THE EUROPEAN BANK

FOR RECONSTRUCTION AND DEVELOPMENT

EBRD FINANCING
OF PRIVATE PARTIES
TO CONCESSIONS
 Main principles

ECONOMIC use of resources

EFFICIENT project implementation
Project results shall be of due QUALITY
NON-DISCRIMINATORY process
TRANSPARENT AND RESPONSIBLE use of public funds
Banks approach in public procurement
Procurement an integral part of project risk management
Minimisation of risks Maximisation of success
Coverage of the entire project cycle
Procurement part of project delivery strategy
Balanced risk distribution
Use of standard tender documents and
internationally recognised contract terms and conditions
Aim of evaluation best value for money
Evaluation factors are usually expressed in monetary terms
The key to success people
Assistance to the clients
Prevention and fighting corruption
The Clients role

Implement projects in line with agreements

The clients are responsible for all

aspects of the procurement of
contracts.
They invite, receive and evaluate
tenders and awards contracts,
which in all cases are concluded
between the clients and the
suppliers/contractors/consultants.
 The Banks role

Advise clients
Assist clients in the course of project implementation
Ensure that the implementation is in line with agreements
Review procurement actions
Review complaints
In private sector - undertake
due diligence and monitor
projects to ensure the best value
for money
 Review of the dredging contracts
procurement practice in Ukraine
Overall observations
Sufficiently complete set of documents reflecting the national public
procurement and building regulatory requirements and the business
customs of the sector
Areas, which may be enhanced
Qualification of tenderers
Clear and non-restrictive low cost tendering procedure
Fair and balanced contract conditions
Qualification criteria
General Experience

Specific Experience

Personnel Capabilities

Equipment Availability

Financial Position

Non-performance and Litigation History

Current Obligations and Pending Awards

JVCA specific requirements

Subcontractors
Selection of contract terms and conditions
FIDIC Contracts
The International Federation of Consulting Engineers
(FIDIC) is an international standards organisation for the
construction industry
Fdration Internationale Des Ingnieurs-Conseils
Best known for the FIDIC family of contract templates.
It was established in 1913
The FIDIC founding member countries were Belgium, France
and Switzerland
More than 100 members
Dredgers Contracts

Dredgers Contract
2nd Edition 2016 Employer
Blue-Green Book)

Contract

Engineer Contractor
Roles and Responsibilities: the Employer

Owner of the site

The beneficiary of the Works
Responsible for defining the intended
purpose of the Works and
for setting out the Employers Requirements
Enters into a contract agreement with the Contractor
Appoints a Representative/Engineer to oversee the execution of the
Works
Has the right to amend the contract
Pay for the Works done
Jointly with the Contractor, appoints a Dispute Board
Takes over the Works, when completed
Roles and Responsibilities: the Contractor

Design, as necessary, execute and complete the Works and remedy any
defects
Undertake all other responsibilities
Manage staff and labour in accordance
Abide by the laws and bylaws, as well as the instructions of the Engineer
Complete all the Works within the Time for Completion
The importance of the Engineer
Role of Engineer crucial
The Engineer acts for the Employer in supervising the
activities by the Contractor
The Engineer issues all contractual notices to the
Contractor
The Engineer determines any variations
The Engineer issues the Interim Payment Certificates
Review the Contractors quality assurance syste For this reason care must
Review the Contractors work programme be taken when reviewing
the TOR for the
engineers.
They must be suitably
experienced in similar
works and FIDIC contract.
 FIDIC Blue-Green Book

FIDIC CONDITIONS OF CONTRACT FOR DREDGING AND RECLAMATION WORKS

General Provisions Remedying Defects

The Employer Variations and Claims
The Engineer Contract Price and Payment
The Contractor Default
Design Risk and Responsibility
Defined Risks Insurance
Time for Completion Resolution of Disputes
Taking Over
Participate to WIN
 How to contact us
Procurement Policy Department
Tel: +44 20 7338 6807/Fax: +44 20 7338 7472
Procurement opportunities via website:
http://www.ebrd.com/work-with-us/procurement/project-procurement.html
Project enquiries (existing EBRD projects only)
Tel: +44 20 7338 6372/Fax: +44 20 7338 7848
Business Development and project proposals
Tel: +44 20 7338 6372/Fax: +44 20 7338 7848
General enquiries
Tel: +44 20 7338 6629/Fax: +44 20 7338 6101
Publications
Tel: +44 20 7338 7553/Fax: +44 20 7338 6102
Thank you very much!