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
Bank’s 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 Client’s 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 Bank’s 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
 Fédération Internationale Des Ingénieurs-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 Employer’s 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 Contractor’s quality assurance syste For this reason care must
 Review the Contractor’s 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!