MUNICIPAL INFRASTRUCTURE PROJECT
TENDERS EVALUATION METHODOLOGY, Bosnia and Herzegovina / Month/Year

Manual Part B-Tenders Evaluation Methodology

Project: Effective Project Management in the Water Sector in Bosnia and Herzegovina: Implementation of the EU tendering procedures
Implementing organisation: Network of Institutes and Schools of Public Administration in Central and Eastern Europe (NISPAcee)

Partner: Civil Service Agency of the Federation of BIH (CSAF BIH), Sarajevo,Bosnia and Herzegovina
Supported by: SlovakAid, a Slovak Ministry of Foreign Affairs' Programme

Author: Milan Oleriny

Date: June 20th 2017

Copyright © 2017 by NISPAcee

The Network of Institutes and Schools of Public Administration in Central and Eastern Europe

Effective Project Management in the Water Sector in Bosnia and Herzegovina: Implementation of the EU tendering procedures

Manual Part B - Tenders Evaluation Methodology

Responsible author: Milan Oleriny

The manual was developed in the frame of the project No. SAMRS/2016/ZB/1/1 „Efektívne riadenie projektov vodného hospodárstva v Bosne a Hercegovine: Implementácia výberových konaní EÚ“ / „Effective Project Management in the Water Sector in Bosnia and Herzegovina: Implementation of the EU tendering procedures“ jointly implemented by NISPAcee (The Network of Institutes and Schools of Public Administration in Central and Eastern Europe) and Civil Service Agency of the Federation of BIH (CSAF BIH), Sarajevo, Bosnia and Herzegovina with the support of Slovak Aid – the Slovak Agency for International Development Cooperation.

The team of contributors participated in the project and development and review of this publication:

Slovakia:

Milan Oleriny, Project Expert

Juraj Tkac, Project Expert

Ludmila Gajdosova, Project Expert

Boris Balog, Project Expert

Elena Zakova, Project Expert / Project Manager

Juraj Sklenar, Project Assistant

Bosnia and Hercegovina:

Alma Imamovic, Project Expert

Amra Ibrahimpasic, Project Expert

Sanja Cubela, Project Expert

Samra Ljuca, Project Coordinator

The opinions of the authors may not necessarily reflect the views of NISPAcee, CSAF BIH and SlovakAid.

Due to a continuously development of local Laws, Decrees as well as Documents of International Financial Institutions, the last version of Documents shall be always taken by Employer into consideration. NISPAcee documents based on a version of EU based TD January 2016 (Version 2016.0). For a last version check in advance related EU web pages:

NISPAcee is an international association focused on public administration. Its mission is to promote and strengthen the effective and democratic governance and modernization of public administration and policy throughout the NISPAcee region.

Bosnia and Herzegovina
Infrastructure Project

TENDERSEvaluation Methodology
Procurement of:
REHABILITATION AND EXTENSION
OF WWTP, Bosnia and Herzegovina
month / YEAR
SlovakAid / NISPAcee / CSAF BIH / Page 1
MUNICIPAL INFRASTRUCTURE PROJECT
TENDERS EVALUATION METHODOLOGY, Bosnia and Herzegovina / Month/Year

TABLE OF CONTENTS

  1. Introduction ...... 2
  2. Evaluation of Design Works and Site Supervising Tenders ...... 4
  3. Evaluation of Works Contracts Tenders ...... 43
  4. Evaluation Committee Requirements ...... 71

1.Introduction

This Methodology is intended to assist a Contracting Authority to evaluate Tenders in conformity with a Standard Documents used for EC co-financed projects based on PRAG (Practical Guide) Evaluation Methodology.

The Methodology offers information related to a Tenders Evaluation Procedure, its implementation in practice, issues and cases. The Methodology describes only Evaluation Procedures, Tendering Procedures and related documents are described in a separate document “Guidelines and Methodology on Pre-construction Works”. The provisions of the Methodology should be observed by all parties involved in public infrastructure construction.

Objectives of the Methodology

The document is primarily intended for Public Procurement practitioners, providing them with a suitable tool to ensure an efficient and consistent practice of the Evaluation Procedures. The Methodology will also serve as training material in the context of Training for Trainers (ToT)for strengthening knowledge of Staff associated with the Public Procurement Procedures.

The Guidelines establishes high and significant benchmarks and encourages high ethical standards for Contracting Authorities,managed construction projects in order to achieve better Procurement Practices, higher productivity, high-quality construction Works, better working conditions and the avoidance of malpractice, with significant benefits to the entire Contracting Authority. All other entities and local municipalities are therefore encouraged to apply the principles outlined in these Methodology taking specific conditions of their project into consideration.

It should be appreciated that the Methodology is an attempt to bring to the attention of public entities important provisions in the Evaluation Documents. However, it is our expectation that by reading these Guidelines, public entities will find it easy to understand the relevant Evaluation Procedures also for specific requirements in construction infrastructure projects which they are participating.

However in some cases it might to be confusing for practitioners having experience from previous projects based on Bosnia and HerzegovinaPublic Procurement Law in some wording (Employer/Contracting Authority etc.) - consequently glossary from EBRD and/or EU shall be taken and used.

Hence, the Guidelines can only be applied as an additional tool to the Procurement Law and regulations in force.

Content of the Methodology

The Methodology consists of three Sections, which are presented below. The Methodology generally is not focusing the related Tender Documents(TD) for Tender Procedures.

Section 2. describesEvaluation Procedure of Design Works and Site Supervising which are practically identical primarily due to a fact that both Tender Documents used a same structure, Contracts and other related documents. Itcomprises also templates used by PRAG Manual and short explanation to them.

Section 3. describes the different methodology for Evaluation of Works to be used for EC co-financed construction infrastructure projects using also PRAG Manual and his recommendations.

Section 4. is focusing the Evaluation Committee Requirements primarily for establishing Evaluation Committee, declaration of their Member regarding impartiality and confidentiality and general requirements on Methodology for Evaluation for Works, Supervising and Design Works to be used for EU co-financed construction projects. Based on different modalities for project financing evaluation methods for direct management, indirect management with ex-ante controls as well as indirect management for ex-post control were taken into consideration. A related Templates follows consequently practice of the EU methodology.

Note

Due to a continuously development of local Laws, Decrees as well as Documents of International Financial Institutions, the last version of Documents shall be always taken by Employer into consideration. NISPAcee documents based on a version EU TD January 2016.

2. Evaluation of Design Works and Site Supervising Tenders

Due to a fact that Tender Documents (TD) for Design Works and Site Supervising are similar (there are only changes regarding Scope of Works and ToR), a following evaluation will be used for both Procedures of assessment and evaluation.

A Methodology based consequently and strictly on PRAG conditions with a minimum modification will be expected from Members of the Evaluation Committee. For requirements on Evaluation Committee please refer to a Section 4. of related Methodology.

2.1.Evaluator´s Grids

Two types of Evaluation Grids will be used depends on type of Service Contracts: either fee-based Contracts or Global Price Contracts Tenders will be evaluated. Instructions how to work with Evaluation Grids are presented below with an appropriately Templates.

Service Tender Opening Checklist

Service Tender Opening Checklist shall be prepared by the Secretary to the Evaluation Committee.

Evaluation Grid for fee-based Contracts

Maximum
Organisation and methodology
[Rationale] / [10] [<other>]
[Strategy] / [30] [<other>]
[Back-up function] / [5] [<other>]
[Involvement of all members of the consortium] / [5] [<other>]
[Timetable of activities, including the number of expert days proposed] / [10] [<other>]
Total score for Organisation and methodology / [60] [<insert a score between 60 and 40>]
Key experts
<Key expert 1> (Max [20] [<other total>] points)
[Qualifications and skills] / [5] [<other>]
[General professional experience] / [5] [<other>]
[Specific professional experience] / [10] [<other>]
<Key expert 2> (Max [20][<other total>] points)
[Qualifications and skills] / [5] [<other>]
[General professional experience] / [5] [<other>]
[Specific professional experience] / [10] [<other>]
Total score for Key experts / [40] [<insert a score between 40 and 60>]
Overall total score / 100
Strengths
Weaknesses

NB:Only tenders with average scores of at least 75 points qualify for the financial evaluation.

How to use and fill in evaluation grid:

The categories to be used to assess the Organisation and Methodology (i.e. Rationale, Strategy, Back-up function, Involvement of the consortium members and Timetable of activities including the number of expert days proposed) and each of the key experts (ie, Qualifications and skills, General professional experience & Specific professional experience) may be modified as required and the division of scores must be adapted according to the requirements of the specific tender procedure.

The number of key experts must correspond to the number of key expert profiles identified in the Terms of reference and must not exceed 4 key experts. The total scores of the key experts shall be comprised between 40% and 60%.

The overall total score should remain 100.

The strengths and weaknesses in this evaluation grid must reflect the commonly agreed by the Committee amongst all those pointed out by the evaluators in their individual grids.

The Evaluation Committee must evaluate tenders on the basis of this evaluation grid, which includes maximum scores. Those maximum scores cannot be modified after the deadline for informing potential tenderers of any clarifications.

Evaluation Grid for Global Price Contracts

Maximum
Organisation and methodology
Rationale / [20] [<other>]
Strategy / [40] [<other>]
Back-up function / [10] [<other>]
Involvement of all members of the consortium / [10] [<other>]
Timetable of activities / [20] [<other>]
Overall total score / 100
Strengths
Weaknesses

NB Only tenders with average scores of at least 75 points qualify for the financial evaluation.

2.2. Service Tender Opening Checklist

Service Tender Opening Checklist will be prepared by the Secretary to the Evaluation Committee according following Template.

2.3. Tender Opening Report, Summary of Tenders Received, Evaluation Report, Award Decision

A Documents according Template will be prepared by Contracting Authority (CA) based on evaluation procedure of tenders for Services received for tendering procedure. CA shall consequently follow up related Templates and submit to EC Award Decision based on Evaluation Procedure.

2.4. Evaluator´s Grid and Instructions to Evaluators

To provide qualify evaluation Members of Evaluation Committee shall used related Templates and read carefully Instructions and Guidelines before providing Evaluation Procedure.

Timetable for all Evaluations

The evaluation committee must be formed early enough to ensure that the members (and any observer appointed by the European Commission) are available in time to prepare and conduct the evaluation process. The tenders must be evaluated in time to allow the procedure to be completed within the validity period of the tenders. Extending the validity of tenders should be avoided. It is very important that all tenderers, whether successful or unsuccessful, receive information without delay.

Once the evaluation has been completed, the contracting authority is required to promptly approve the evaluation report and take the award decision in annex to the evaluation report. Any failure of the contracting authority to approve the evaluation report or to follow any recommendations and conclusions contained in the report must be subject to a detailed and reasoned written explanation.

SERVICE TENDER OPENING CHECKLIST

PUBLICATION REFERENCE:______

Step / 
  1. All tender envelopes are handed over to the Chairperson.

  1. All tender envelopes must be numbered according to the order in which they have been received.

  1. Chairperson verifies that all tender envelopes which have been received are available at the tender opening session.

  1. Chairperson verifies that all tender envelopes were sealed and in good condition.

  1. Chairperson and Secretary open the outer tender envelopes in order of receipt to:
Mark the tender envelope number on all copies of the technical offer and the envelope containing the financial offer.
Initial the first page of each original document and the envelope containing the financial offer.
  1. For each tender envelope, the Chairperson and Secretary check that the summary of tenders received correctly records:
The registration number on the envelope
The name of the tenderer
The date (and time, for those received on the last date for submission of tenders) of receipt
The condition of the outer envelope
Whether or not the technical and financial offers have been submitted in separate envelopes
Whether or not the tenderer has included the tender submission form including the declaration
Whether or not statements of availability and exclusivity for the tender are included for all key experts
The overall decision as to whether or not the tender proposal has complied with the administrative requirements during the opening phase.
  1. The Chairperson reminds the Committee members of the following:
Participants in this evaluation, who might be, by any reason or mean, in a situation of conflict of interest, direct or indirect, actual or potential, please let us know and withdraw from this procedure.
Shall be considered as being in a situation of conflict of interest any person having "shared interest" with one or more of the tenderers and partners if any, and subcontractors, which may compromise the objective and impartial exercise of his/her functions as member of this Committee. Shared interest might result inter alia from reasons involving family, emotional life, political or national affinities, economic interest – such as an employment contract.
If any person points out a conflict of interest to the Chairperson, the Chairperson shall ask him/her to withdraw from the procedure.
Once these persons have withdrawn from the Committee, the Chairperson continues reminding of the following:
All the participants in the evaluation of this tender procedure must guarantee impartiality and confidentiality in order to avoid any conflict of interest that may distort and condition the sound and fair progress of it.
Declarations of impartiality and confidentiality are signed by all members of the Evaluation Committee and any observers.
  1. Chairperson signs the Summary of tenders received.

  1. Chairperson instructs the Secretary to keep the financial offers in a safe place.

  1. The Tender opening report is signed by all members of the Evaluation Committee.

< Letterhead of the Contracting Authority >

TENDER OPENING REPORT

PUBLICATION REF: <insert ref.>

Rehabilitation and Extension of WWTP, Bosnia and Herzegovina

[Lot number and lot title: <insert number and title>]

Maximum budget: [EUR] [<ISO code of national currency> only if indirect management] <amount >

Contents:Timetable
Observers
Minutes
Conclusion
Signatures

Annexes:Summary of tenders received
Declarations of Impartiality and Confidentiality
[Clarification correspondence with tenderers]

1.Timetable

DATE / TIME / VENUE
Letters of invitation to tender sent on
Deadline for submission of tenders
Tender opening session

2.Observers

Name / Representing

3.Minutes

The tender opening session was based on the register of tenders received from the short-listed Candidates which was prepared using the information on the envelopes. Each tender envelope had been given a sequential number by the Contracting Authority upon receipt.

The attached Summary of tenders received was completed by the Chairperson and Secretary during the tender opening session. Only tenders contained in envelopes received by the deadline for submission of tenders were opened. Tenders received beyond the deadline were rejected without opening them. Tenders received already open were rejected without examining their content.

All members of the Evaluation Committee (and observers) signed Declarations of Impartiality and Confidentiality, which are attached to this report. The tender envelope number was marked on all copies of the technical offer and on the envelope containing the financial offer. The Chairperson and the Secretary initialled the front page of each original document and the financial envelope.

[If any tenderers withdrew their tenders:

The following tenderers withdrew their tenders:

Tender envelope number / Tenderer name / Reason (if known)

]

[If clarifications were requested for the submissions from any tenderers:

With the agreement of the other Evaluation Committee members, the Chairperson wrote to the following tenderers whose submissions required clarification, offering them the possibility to respond by fax or e-mail within a reasonable time limit fixed by the Evaluation Committee (all correspondence is attached in the Annex indicated):

Tender envelope number / Tenderer name / Annex number of exchange of correspondence

]

4.Conclusion

The following tenders are suitable and regular, and can be submitted to further evaluation:

Tender envelope number / Tenderer name

5.Signatures

Name / Signature
Chairperson
Secretary
Evaluators

SlovakAid / NISPAcee / CSAF BIH Page 1

MUNICIPAL INFRASTRUCTURE PROJECT
TENDERS EVALUATION METHODOLOGY, Bosnia and Herzegovina / Month/Year

SUMMARY OF TENDERS RECEIVED

Contract title: Rehabilitation and Extension of WWTP, Bosnia and Herzegovina

Publication ref: <reference>

Tender envelope number / Tenderer name / When received[1] / Received by (Initials) / Number of packages / Received in time?
(Yes/No) / Tender package(s) duly sealed?
(Yes/No) / Financial offer in separate envelope? (Yes/No) / Tender submission form included?
(Yes/No) / Tenderer's declaration(s) included ?
(Yes/No) / All other elements supplied?[2]
(Yes/No) / Overall decision
(Accept / Reject)
1
2
3
4
5
6
7
8
Chairperson's name
Chairperson's signature
Date

SlovakAid / NISPAcee / CSAF BIH Page 1

MUNICIPAL INFRASTRUCTURE PROJECT
TENDERS EVALUATION METHODOLOGY, Bosnia and Herzegovina / Month/Year

< Letterhead of the Contracting Authority >

EVALUATION REPORT

PUBLICATION REF: <Ref>
Rehabilitation and Extension of WWTP, Bosnia and Herzegovina

[Lot number and lot title: <number and title>]

Maximum budget: <amount and currency>