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Tender Adjudication and Contract Monitoring

Tender Adjudication and Contract Monitoring. Introduction. IMPORTANT Each tender is unique. Please ensure to read the tender document carefully. The Adjudication P rocess. Who Evaluates?. An Evaluation Committee officially appointed by the Contracting Authority and composed of:

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Tender Adjudication and Contract Monitoring

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  1. Tender Adjudication and Contract Monitoring

  2. Introduction IMPORTANT Each tender is unique. Please ensure to read the tender document carefully

  3. The AdjudicationProcess

  4. Who Evaluates? • An Evaluation Committee officially appointed by the Contracting Authority and composed of: • A Chairman • A Secretary • Three Evaluators or more in odd number • Only the Evaluators have voting power • The Chairman ensures correct procedures • The Secretary assists the Evaluation Committee

  5. The Evaluation Process • Performed in three main steps strictly in the following order: • Administrative Compliance • Technical Compliance • Financial considerations • The Cheapest Technically Compliant bid is recommended for award of the contract

  6. Inspections during Evaluation • Inspections may be held – these shall be held only to the cheapest compliant bidder • Should this be found not compliant – the offer shall be disqualified and the inspection held to the next cheapest bidder • If the items are not in Malta – these will be inspected after tender is awarded and after delivery of the supplies. • Should they be found not compliant – the contract will be terminated and awarded to the next cheapest bidder

  7. Who decides? • Evaluation Committee submits recommendations to the Departmental Contracts Committee (DCC) • The DCC is set up in terms of LN 296 of 2010 • Composed of: • Chairman, Director Corporate Services (MRRA) or his representative • Member appointed by the Permanent Secretary (MRRA) • Member, representative of the Director of Contracts • The DCC may or may not accept the recommendations of the Evaluation Committee

  8. Confidentiality • Both the DCC and the Evaluation Committee execute their duties under strict confidentiality and impartiality • The DCC guarantees a thorough scrutiny of the adjudication process • In case of conflict between the DCC and the Evaluation Committee, the matter is referred to the Director of Contracts for his final decision.

  9. Notice of Award • The decision to award a Contract is notified by means of a Notice of Award • This identifies the name of the successful bidder and the recommended contract value. • Unsuccessful bidders are notified of the reasons why their respective bids are not being accepted.

  10. Cancellation of Tender • This may occur only in the following events: • No qualitatively or financially worthwhile tender has been submitted or there has been no response at all • The economic or technical parameters of the project are fundamentally altered • Exceptional circumstances or force majeur render normal project performance impossible • All technically compliant offers exceed the financial resources available • Irregularities in the procedure

  11. Right of Appeal • Any economic operator who feels aggrieved by the award decision has the right of appeal in terms of Regulation 21 of LN 296/2010 for contracts estimated over €12,000 • Reasoned letter of objection is to be submitted to the Contracting Authority within 5 days from the date of issue of the Notice of Award • Payment of a deposit equivalent to 0.5% of the award value (minimum €400) • The award of the tender is suspended pending the decision of the appeal • Appeal shall be decided by the Public Contracts Review Board (PCRB)

  12. Common Bid Failures Administrative Non-Compliance

  13. Administrative Non-Compliance The cases of Administrative Non-compliance have been minimised in view of the possibility of rectification

  14. Administrative Non-Compliance REMEMBER • Documents requested under rectification procedures are to be submitted within two days of receipt of the request against payment of an administrative penalty of €50

  15. Administrative Non-Compliance • Missing documents that constitute rejection of the offers: • Tender Form (always mandatory) • Method Statement (if requested) • Curriculum Vitae (if requested) • Specification Form (if requested) • Technical Literature (if requested)

  16. Administrative Non-Compliance • Separate Tender Form for each Option is not submitted • If Options are listed in a single Tender Form, the whole bid is disqulified • If one or more of the Tender Forms for the separate options is invalid, only the invalid options are disqualified N.B. The Tender Form is a bidder’s formal declaration that a he satisfies the eligibility requirements and that he shall execute the contract in full compliance to the Contracting Authority’s requirements at the offered price and within the stated timeframes

  17. Administrative Non-Compliance • Unauthorised modification to any part of tender document • Corrections to the bidder’s entries, by the use of either correcting fluid or crossing out of any entry, are not duly initialled by the person signing the bid • Suggestion: re-print the page and re-write the correct information

  18. Administrative Non-Compliance REMEMBER • Only one Tenderer per Tender • Partners in a Joint Venture may not participate in the same tender on their own or as a sub-contractor to another bidder • The same sub-contractor may be proposed by any bidder participating in a single tender procedure

  19. Some Examples

  20. Common Bid Failures Technical Non-Compliance

  21. Technical Non-Compliance • Technical bid does not meet the specifications set out by the tender • Details on Specification Form do not match to the Technical Literature • Details on the Specification Form indicates compliance but actual inspection of the supplies or equipment offered proves otherwise

  22. Technical Non-Compliance IMPORTANT • Bidders shall clearly identify the model no. or relevant reference no. pertinent to their offer from the Technical Literature • In so doing the bidders would be assisting the Evaluation Committee to correctly assess their respective bid and to correlate or otherwise verify the full technical compliance

  23. Technical Non-Compliance • Poor Method Statement which does not address the requirements set out in the Terms of Reference (Services) or the Technical Specifications (Works/Supplies) • The CV does not meet the qualifications and experience requested in the selection criteria

  24. Common Bid Failures Financial Non-Compliance

  25. Financial Non-Compliance • Missing rates or prices i.e. not marked as NIL or INCLUDED • Alteration of the Schedule of Rates or Bill of Quantities

  26. Common Bid Failures Other Failures

  27. Other Failures • Bidder makes a conditional offer, such as qualifying his offer in such a way that goes against any of the contract Special Conditions or General Conditions • The delivery period stated is longer than that specified in the tender, if a maximum delivery period is stipulated

  28. IMPORTANT • When in doubt, please do submit a request for clarification prior to submitting an offer • Tender bids are to be evaluated on a like with like basis • Rectification and Clarification of bids are distinctly different • Clarifications by the Evaluation Committee will not permit the bidder to modify his offer, but only to clarify certain aspects of the offer which appear unclear.

  29. Contract Monitoring A short outline

  30. Commencement of Contract • Upon signing of Contract: • A valid Performance Guarantee is to be placed • Insurance policies are to be placed • In the event of pre-financing, a pre-financing guarantee shall be placed • Other documents specifically requested by the Contract Conditions shall be submitted to the Contracting Authority

  31. The Contract Conditions • The Contract Conditions regulate the execution of the Contract • They regulate and safeguard both the Contractor and the Contracting Authority • The conditions are the tools for the correct execution of the Contract

  32. Execution by the Contractor • The Contract shall be executed: • In a timely manner • In full compliance to the Contract Conditions and Technical Specifications • With respect to the reasonable and legitimate requests of the Client • With due diligence in maintaining written communications

  33. Monitoring by the Contracting Authority • The Contracting Authority shall ensure: • The Contractor’s compliance to the Contract Conditions and Technical Specifications • The correctness of the Contractor’s invoices • Application of penalties for delays and other contract defaults • The Contracting Authority shall act in a fair and reasonable manner

  34. Communications IMPORTANT • Both the Contractor and the Contracting Authority shall ensure early written communications upon the occurrence of any event which might affect the contractual, technical and financial aspects of the Contract

  35. Contract Payments • Invoices shall be in accordance to the formal requirements of the VAT Act of 1998 • Invoices shall be supported by additional documentation if so required under the Contract • Payments shall be effected within 60 days of the submission of a VALID invoice

  36. THANK-YOUKindly note that the power point presentation is going to be available on our website: www.wasteservmalta.com

  37. QUESTION TIME

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