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Session - 3 Project Implementation PP FQ1

The document outlines the public procurement management process in Bangladesh, detailing the legal framework, principles, objectives, and steps involved in procurement activities. It emphasizes the importance of transparency, accountability, and value for money while adhering to the Public Procurement Act (PPA) 2006 and Public Procurement Rules (PPR) 2008. The document also describes various procurement methods, evaluation processes, and contract management practices to ensure efficient project implementation.

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Mahmud Kaiser
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0% found this document useful (0 votes)
35 views57 pages

Session - 3 Project Implementation PP FQ1

The document outlines the public procurement management process in Bangladesh, detailing the legal framework, principles, objectives, and steps involved in procurement activities. It emphasizes the importance of transparency, accountability, and value for money while adhering to the Public Procurement Act (PPA) 2006 and Public Procurement Rules (PPR) 2008. The document also describes various procurement methods, evaluation processes, and contract management practices to ensure efficient project implementation.

Uploaded by

Mahmud Kaiser
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Project Implementation

Public Procurement Management:

Md Shamimul Haque
Additional Secretary (Director)
CPTU, Ministry of Planning

National Trainer (Public Procurement, CBA and LFA)


Masters in Statistics, Dhaka University
Masters in Development Studies, GRIPS University (Japan)
Masters in Public Procurement Mgt., Turin University (Italy)
Obligation

 National Constitution SDG


 WTO
 Citizen/Tax payers

2
Principles

• Transparency
• Accountability
• Non-discrimination
• Free fair treatment
• Integrity

Ensuring Value for Money

3
Objectives

• Efficiency ( Minimizing the cost of Procurement)


• Effectiveness ( Fulfilment of objective of procurement )
• Economy (Market comparable price of procurement)

Ensuring Value for Money

4
We apply PPA 2006 and PPR 2008
Applicability
 Procurement by using Public Fund;
 Any Government, semi-government or any statutory body
established under any law;
 Using public funds by a company under the company Act-
1994;
 Under a loans, credit or grant agreement or any other
agreement between the Government and any
Development Partner , Foreign country or organization;
Provisions of the Agreement shall prevail
provided that if there is anything to the contrary in
any such agreement entered into, the provision of
that agreement shall prevail
5
Forms of Procurement

Procurement Forms
Related Services
Goods
linked to the supply of Goods

Physical Services
Works with measurable outputs

Intellectual & Professional


Consulting Services
advisory, design, know-how

Non-Consulting Catering, Event Management,


Services Outsourcing, Hiring vehicle
Public Procurement
Public Methods
Procurement

Open
One stage two envelope
Limited
Two Stage
Request for quotation
Direct
PublicPublic
Procurement
Procurement

Method CCEA
HOPE

Direct
Direct Contracting ( Sec 32 an 68 of PPA 2006 )
Variation/Additional Delivery/Extra work
order
Public Procurement
Public Cycle
Procurement

Steps
1. Need Assessment/Identification
2. Procurement Plan ( Total/Annual)
3. Specification/BOQ/TOR
4. Official estimated cost ( Three members
committee)
5. Document preparation ( STD Mandatory)
6. Advertisement
TEC
Formation
Public Procurement
Public Procurement

Steps

7. Submission ( Primary place/Multiple Place)


8. Opening (Within one hour of sub. deadline)
9. Evaluation ( Committee one or more)
10. Approval ( Delegation of Financial Power)
11. Notification of Award (Within validity of Tender)
12. Contract Signing
Public Procurement Cycle

Steps

13. Contract Management;


14. Making Payment;
15. Managing Warranty /Defect liability period;
16. Contract Closing;
Public Procurement Cycle

Steps : Goods and Works/For all Methods


1. Need Assessment/Identification
2. Procurement Plan ( Total/Annual)
3. Specification/BOQ/TOR
4. Official estimated cost ( Three members
committee)
5. Document preparation ( STD Mandatory)
6. Advertisement
TEC
Formation
Procurement Need

Steps-1
Identification of requirement
User`s need/stake holders consultation
Estimated cost/Budget/GOB( Dev/non-Dev, DP),Value,
Market ( Availability /quality/competition)
Feasibility study
Public Procurement Plan

Aim at attracting maximum competition for the benefits of the PE


& mandatory for all PE
 Package/Lot/Item
 Details of procurement object
Official
 Method
Estimated
 Source of Fund Cost
 Estimated Cost
 Approval Authority
 Invitation/Signing Contract/Completion Contract

Cost and Price ?


Public Procurement Plan

Relates to Contract Strategy


PE takes into account the following when determining the method of Procurement
& consolidating of Goods packages
To be considered – Goods

Availability
Estimated
Quality
cost

Others Price levels

GOODS
Type Capacity

Risks Competition
Urgency

Speed up the process, reduce the error and implement the project efficiently
PE considers the following, in the case of determining the method of
Procurement for Works
To be considered – Works
Prevalent
conditions
Estimated
Capacity
cost

WORKS Expected
Others
competition

Completion Geographic
date location

Speed up the process, reduce the error and implement the project efficiently
Public Procurement
Procurement Plan
(Works)
Procurement Plan
Similar for Goods and
Services
Public Procurement Cycle
Public Procurement

Steps
1. Need Assessment/Identification
2. Procurement Plan ( Total/Annual)
3. Specification/BOQ/TOR
4. Official estimated cost ( Three members
committee)
5. Document preparation ( STD Mandatory)
6. Advertisement
TEC
Formation
Preparation of Specification ( Goods)

To provide clear unambiguous and standard descriptions


 To enable evaluation against defined criteria
 To promote wider competition

liaison between User, Expert, PE and the Market .

• Information to decide cost


• Environmental aspect
• Permit evaluation
• Social aspect
• Acceptance requirement
• Production method
• Essential features
• Design
• Opportunity to alternate technology
• Physical property
• Legal requirement
• Public acceptability
• Functional aspect
• Public image
• Performance aspect Technical aspect
• Political implication
• Standard
Preparation of BOQ ( Works)
to provide information on the quantities of Works to be performed to enable Tenders
to be prepared efficiently and accurately;

 to provide a priced BoQ for use in the periodic valuation of Works executed when a
Contract has been entered into;

Elements of BOQ

PREAMBLE
General specification
SUMMARY GENERAL
 Item of Work
 Method of Measurement BoQ
Day works
DAY WORK
Provisional sum WORKS ITEMS

PROV.
SUMS
Preparation of BOQ ( Works)
BoQ Grand Summary
Name of Works:
_________________________________________________________________________________________________________________________________________
IFT No.___________________________ Package No._________________________Lot No.______________________
Contract Name ________________________________________________Contract No__________________________

General Summary Ref to page Amount

1 100 General Items


2 200 Preliminary Items
3 300 Main Items
4 400 Other Items
5 500 Misc. Items
6 Dayworks
Subtotal of (1-6):
7 Provisional Sums [GCC Sub Clause 80]
(i) Provisional Sums for Nominated Subcontractor(s)
(ii) Provisional Sums for meeting other expenditures
Subtotal of (7) :
TOTAL CONTRACT PRICE FOR THE WORKS (1-7)
Public Procurement Cycle

Steps
1. Need Assessment/Identification
2. Procurement Plan ( Total/Annual)
3. Specification/BOQ/TOR
4. Official estimated cost ( Three members
committee)
5. Document preparation ( STD Mandatory)
6. Advertisement
Official Cost Estimate
Step 4
To be prepared after development of
Specification/BOQ;
• By forming a 3 member committee;

• Representative from own and representative from other procuring


entity;

• Consider other applicable matters including the transportation


cost, overhead, profit, risk, geographical location, complexity,
backwardness, distance from district head quarter or procuring
station, VAT & AIT where applicable (Rule 16(5a)

• Delivery place, incoterm, payment process, nature of fund ,


Delivery time, contract nature (other matters).
Public Procurement Cycle

Steps
1. Need Assessment/Identification
2. Procurement Plan ( Total/Annual)
3. Specification/BOQ/TOR
4. Official estimated cost ( Three members
committee)
5. Document preparation ( STD Mandatory)
6. Advertisement
Standard Tender Documents

Standard Tender Document (STD)


36 STDs/SPDs

Standard Format ( TS/PS etc)


Tender submission sheet/Information sheet
Instruction for preparation of Tender(ITT/TDS)
Conditions of contract ( GCC/PCC)
Tender Forms
Contract format
Standard Tender Documents

Instruction for preparation of


Tender(ITT/TDS)

Eligibility
Qualification
Tender preparation
Tender submission/opening/evaluation
Contract award
Right to complain
Standard Tender Documents

Conditions of contract ( GCC/PCC)

Time
Cost
Quality
Extension/Variation/Additional delivery
Termination
Price adjustment
Payments/LD/DP
Settlement of Dispute
Opening Committee
1 - member from the TEC / PEC and
2- member from concern
PE and other agency

CHAIRPERSON

MEMBER MEMBER-SECRETARY
Evaluation Committee

TEC : Formation prior to advertisement

5 Members
Approved by Max 7
AA Two external

TEC
Formation prior
to Adv.
Must before
submission 2
Members
External
Public Procurement Cycle

Steps
1. Need Assessment/Identification
2. Procurement Plan ( Total/Annual)
3. Specification/BOQ/TOR
4. Official estimated cost ( Three members
committee)
5. Document preparation ( STD Mandatory)
6. Advertisement
Public Procurement Publicity

Choosing National Level Newspapers of wide daily


circulation commonly known and ubiquitously accepted;
carefully applying sound judgment

ONE ENGLISH ONE BANGLA


LANGUAGE LANGUAGE
PublicPublic
procurement steps
Procurement

Steps

7. Submission ( Primary place/Multiple Place)


8. Opening (Within one hour of sub. deadline)
9. Evaluation ( Committee one or more)
10. Approval ( Delegation of Financial Power)
11. Notification of Award (Within validity of Tender)
12. Contract Signing
Public Procurement Publicity
Tender Submission Step 7

Tenderer submit the Tender within the dead line in specified


place;
Tenders shall be delivered by hand or by mail,
including courier services;
 On the basis of the Tender Document issued by the PE;
 PE provides receipt , on request;

 PE may, at its discretion on justifiably acceptable grounds,


extend the deadline for submission of Tender
PublicPublic
procurement steps
Procurement
Steps

7. Submission ( Primary place/Multiple Place)


8. Opening (Within one hour of sub. deadline)
9. Evaluation ( Committee one or more)
10. Approval ( Delegation of Financial Power)
11. Notification of Award (Within validity of Tender)
12. Contract Signing
Public Procurement Publicity
Tender Opening Step 8

Opening following steps of Schedule IV D of PPR, & ITT- 42 of TDs


 Opened immediately after the deadline in the primary place but not later
than 1 hour
 No delayed opening on the plea of absence of Tenderers
 Representative shall be duly authorized
• Tender Price
• Withdrawal
• Modification
• Substitution TOC INITIAL ALL
• Discount TOC Declare the PAGES OF THE
• Original information and TENDER
• Tender Price prepare opening &
• Tender Security Type sheet Hand over to PE
• TS Amount
• Official estimated cost
PublicPublic
procurement steps
Procurement
Steps

7. Submission ( Primary place/Multiple Place)


8. Opening (Within one hour of sub. deadline)
9. Evaluation ( Committee one or more)
10. Approval ( Delegation of Financial Power)
11. Notification of Award (Within validity of Tender)
12. Contract Signing
Public Procurement Publicity
Tender Evaluation Step 9

Preliminary Examination
 Technical Examination & Responsiveness
 Financial Evaluation & Price Comparison
 Post-qualification
Public Procurement Publicity
Tender Evaluation Step 9

Preliminary Examination

• Tenderers Eligibility
• Completeness (Requirement/Document/Format)
• Tender Security ( Format/amount/Validity/Reference)
• Tender Validity ( Required by PE)
• Notice for W,S,M
Technical Evaluation
Verification and examination of documentary evidence that the Tenderer’s qualifications
conform to the Tender Documents

Adequacy

Authenticity

Acceptability
And Technical Compliance TSC
Tender Responsiveness
Without Material Deviation
affects in any substantial way the scope, quality
or performance
limits in any substantial way, the PE’s rights or the
Tenderer’s obligations
whose rectification would unfairly affect the
competitive position of other Tenderers
presenting responsive tenders
Financial Evaluation

Financial Evaluation

1. Conform to requirements;
2. Check of tax, VAT etc.
3. Correction of A. Errors;
4. Price modifications, discounts;
5. Factors affecting economic value ( If apply)
6. Price Comparison and check Official
estimated price weather comparable;
Post Qualification

Post Qualification
For Lowest Evaluated Tender

Based on the qualification criteria specified in the


TD the TEC shall verify to its satisfaction that the
successful tenderer is qualified to perform the
contract satisfactorily by
- Contacting references
- Obtain most up-to-date information
- Visit premises, if needed

TEC make recommendation and submit to approval authority


Public procurement steps
Steps

7. Submission ( Primary place/Multiple Place)


8. Opening (Within one hour of sub. deadline)
9. Evaluation ( Committee one or more)
10.Approval ( Delegation of Financial Power)
11.Notification of Award (Within validity of
Tender)
12.Contract Signing
Public Procurement

Approval Process
Three Distinct Streams of Approval

Ministry/Division
Attached Office COMPANIES
Divisional/District/Upazilla Office
Projects
CORPORATION
AUTONOMOUS BODY
Delegation
SEMI-AUTONOMOUS
as decided
BODY by BOG

Determined by DoFP/Sub-Delegatin ( FD)


Public Procurement

AA decides on the recommendations of EC

(a) approve the recommendations;


or
(b) Seek clarification from TEC
Explaining the reason –

(c) reject the recommendations for a re-evaluation;


or
(d) reject the recommendations with instructions
to reprocess/re-tender

47
Public Procurement
ApprovalAuthority
Approving Process (AA)

PE
PD/Officers below HOPE

SECRETARY
When HOPE CCGP/
MINISTER
TEC/ HPM
PEC
HOPE.
PublicPublic
procurement steps
Procurement

Steps

7. Submission ( Primary place/Multiple Place)


8. Opening (Within one hour of sub. deadline)
9. Evaluation ( Committee one or more)
10.Approval ( Delegation of Financial Power)
11.Notification of Award (Within validity of
Tender)
12.Contract Signing
Notification of Award ( Step-11)

NOA Contractor/Supplier

NOA before the expiry date of the

Accepted in Writing

Within 7 Working

From the date of


validity
Finalized

Issuance NOA
PE

Days
Within 7 Working days of receipt of
the approval of the award by AO
Public Procurement Steps
Contract Signing ( Step 12)

Submission of PS ( 10% for goods) within 14 days from


the acceptance of NOA

PS Validity 28 days after completion ( including the


date of warranty)

Date specified in NOA

Contract signing within 28 days from the issue of NOA


Public Procurement

Contract
The following documents forming the contract shall be interpreted in the
following order of priority
1. The signed Contract Agreement;
2. The Notification of Award;
3. The Tender and the appendix to Tender;
4. Particular Conditions of Contract;
5. General Conditions of Contract
6. Technical specifications;
7. General specifications;
8. Drawings;
9. Price Schedule and schedule of requirements for Goods;
10. Other Documents including correspondence
[order of precedence]
52
Public Procurement
Public Procurement

Steps

13. Contract Management;


14. Making Payment;
15. Managing Warranty /Defect liability period;
16. Contract Closing;
Public Procurement
Public Procurement

Steps ( 13,14,15,16)

• Performance of all tasks;


• Under the Contract;
• Until successfully completed,
• Accepted or terminated and,
• Payment made,
• Disputes resolved
Blocks of contract performance
 Preliminary Certification of payment
(administrative, technical and financial) Implementation Supervision Progress Payment
 NOA Instructions
 PS Sanctions and Approvals
Concurrence of DPs Retention Money
 Contract signing
Program of Works Resetting PS
 Site Possession
Inspection and Testing Application of Discounts
 Advance Periodic Measurements Application of LD
 Commencement Date
As-built Drawings
 Start Date Variations or Extra Works
Contract Amendment Refund of PS
 Submission of Program
Progress Reviews Refund of RM
 ICD
Compensation Events Final Account
 Mobilization
Force Majeure &
 Execution Time Extension Others
 Other public utilities Termination
 Others Claims

Disputes Settlements
Taking-over-Certificate
Completion Certificate

Defects Correction Schedule


Defects Correction Certificate
Public Procurement

Key activities ( Goods)


Scope of Supply
 Transportation
 Delivery & documents
 Acceptance
 Inspection & Test
Dispute settlement
 Warranty

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