 Programmes' Implementation Unit
Shengsha Commercial Mansion
16, Dong San Huan BeiLu
100026 Beijing, China
Tel: +86(0) 10-65950199
Fax: +86(0) 10-65950610
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What we do |
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Programmes
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Activities
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- Seminars
- Technical Assistance
- Procurement
- Environment
Procurement Procedures for the Programme "Environmental Programme"
Introduction
This section is addressed to end-users in charge of carrying out projects in the environmental sector financed through soft loan by the Italian Government. The main purpose of this section is to describe the procurement principles contained in the Memorandum of Understanding (MOU) [Link to Documents/Programmes¡¯ Documents/Environment /MOU]of the Programme ¡°Environmental Programme¡± signed between the Italian Ministry of Affairs/Directorate-General for Development Cooperation (DGCS) [Link to About us/Strategic Partners/DGCS]and the Chinese Ministry of Finance (MOF) [Link to About us/Strategic Partners/MOF]in 2006.
Procurement and Tendering
In accordance with MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU], contracts may be awarded either through International Competitive Tendering (ICT) or through Local Competitive Tendering (LCT). The choice between local or international tendering lies in the specific characteristics of each project and will be decided during the preparation of Feasibility Study. In case o ICT, the procurement procedures to be followed are those of the European Union or the ones applied for World Bank financed projects in China. In case o LCT, the procurement procedures to be followed are those of the People¡¯s Republic of China (PRC). Any discrepancies occur between the PRC procedures and MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU], what states in MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU] shall prevail.
Goods, Services and Works.
In case of ICT can be procured goods and services. Works are not eligible for ICT. In case of LCT can be procured goods, services and works.
Standard Bidding Documents for ICT
The bidding documents to be adopted for International Competitive Tendering are:
* Goods: In case of procurement of goods, end-users and procurement agents will be provided with a standard model of bidding documents approved by DGCS [Link to About us/Strategic Partners/DGCS] and MOF[Link to About us/Strategic Partners/MOF]. These documents are based on the standard bidding documents for goods of the World Bank applied for China, adapted to be in compliance with MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU] .
* Services: For services, the standard bidding documents to be adopted will be those utilised by the European Union for cooperation projects, adapted for the Sino-Italian development projects financed through soft loan.
The bidding documents to be adopted for Local Competitive Tendering are:
* Goods, services and works: end-user shall utilize standard bidding documents that comply with MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU]. PIU procurement experts will assist end-users and procurement agents if any amendments are to be done to the bidding documents in order to comply with MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU] .
PIU Assistance
PIU procurement specialists will provide assistance and training to end-users and procurement agents in the preparation and utilization of the bidding documents for projects to be carried out in the environmental sector. PIU's support will focus on verifying the compliance of the bidding documents with MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU]and with the principles of transparency, efficiency and economy generally accepted for International Competitive Bidding.
Bidders Eligibility
ICT¡¯s are open only to Italian companies or consortia of Italian companies. LCT¡¯s are open only to Chinese companies or consortia of Chinese companies. To avoid any conflict of interest, any expert or firm, including firms within the same legal group, members of consortia and sub-contractors, involved in the preparation of a project must be excluded from participation in tenders or from submitting offers finalised to the implementation of the same project. Bidders will be also requested to comply with the ¡°Anti-mafia¡± regulations in force in Italy. According to each particular project, bidders will be requested to comply with minimum qualification requirements (i.e. economic, financial, professional and technical capacity) in order to assure their successful performance of contracts.
Bidders are not entitled to bid if they do not comply with the Ethics Clauses or if they fall into any Ground for Exclusion (i.e. bankruptcy, res judicata, conflict of interest, fraud, corruption, illegal activity, etc).
Goods, Services and Works Eligibility
At least 50% (fifty percent) of the Soft Loan shall be used for purchasing goods and services related to the Programme, which must be of Italian origin; no more than 50% (fifty per cent) of the Soft Loan may be used to purchase local goods, services or works of Chinese origin.
¡°Origin¡± means ¡°the place where the goods were mined, grown, or produced, or from which the services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components¡±.
Procurement Agent Selection
According to MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU]:
- End-users will be in charge of selecting the Procurement Agent;
- The selected Procurement Agent must have experience in international bidding;
- Joint Committee must give its ¡°no-objection¡± to Procurement Agent selection;
- End-users will bear the costs of the Procurement Agent and by no means shall such costs be paid through the Italian funds.
The duty of the selected Procurement Agent will be:
- Collaborating with end-users in the preparation of the bidding documents with the support of the PIU Procurement Experts;
- Carrying out the bidding;
- Managing, if needed and so requested, the contract on behalf of end-users;
Launch of Bidding and Advertising
International Competitive Bidding:
According to DGCS [Link to About us/Strategic Partners/DGCS]standard procedures, end-users must submit the Invitation for Bids (IFB) for publication to DGCS [Link to About us/Strategic Partners/DGCS]at least 60 days before the intended date of publication. The finalised bidding documents must also be submitted to DGCS [Link to About us/Strategic Partners/DGCS]either at this time or in advance to demonstrate that the proposed IFB corresponds to the objectives of the contract. IFB will be published by DGCS [Link to About us/Strategic Partners/DGCS] at its own expenses.
IFB will be published in Italy on:
- DGCS official bulletin (DIPCO);
- DGCS website;
- Italian newspapers;
- Any other appropriate Italian media if necessary.
The Invitation for Bids may be published in China by end-users at its own expenses. If published in China, IFB must be in English and must be identical to the IFB published by DGCS [Link to About us/Strategic Partners/DGCS].
Local Competitive Bidding:
The Bid advertising in China will be carried out by end-users at their own expenses. An English copy of the procurement notice shall be submitted to DGCS [Link to About us/Strategic Partners/DGCS]for "no-objection" at least 30 (thirty) days before the bid advertising.
Language
International Competitive Bidding:
Bidding documents, bids prepared by bidders, as well as all correspondence, documents and reports relating to the bid exchanged by the Procurement Agent and bidders shall be written in English. The contract and all documents pertaining to the contract shall all be written in English.
Local Competitive Bidding:
Bidding documents and bids prepared by bidders, as well as all correspondence, documents and reports relating to the bid exchanged by the Procurement Agent and bidders may be written in Chinese. Before submitting the opening and evaluation reports, the proposals for award and the copies of the contracts, they shall be translated into English and their costs will be borne by end-users.
The contract may be written in Chinese. All correspondence and other documents pertaining to the contract, which are exchanged by the parties, shall be written in the same language. If the language is Chinese, end-users are required to send to DGCS [Link to About us/Strategic Partners/DGCS]a certified translation of the successful bid, the evaluation report, the contract and all documents related to the contract.
Bid and Contract Currency
Bidders shall quote all the prices in Euro. Contract currency shall be expressed in Euro. Payment to Suppliers under the contract will be made in Euro.
DGCS ¡°no-objection¡±
After contracts are awarded, end-users shall submit the final contract to DGCS for ¡°no-objection¡±. Contracts will enter into force only upon DGCS [Link to About us/Strategic Partners/DGCS] ¡°no-objection¡±.
Control Procedures by DGCS
All authorizations/approvals by DGCS [Link to About us/Strategic Partners/DGCS]relevant to the procurement activities to be carried out by the end-users and the procurement agents will be limited to verify that all procedures and provisions are conducted transparently and in conformity with the tendering laws and guidelines indicated in the MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU].
The Evaluation Committee will be responsible to select the suppliers according to the agreed procedures and provisions.
After the preparation of the bidding documents and during the bidding DGCS [Link to About us/Strategic Partners/DGCS]holds the right to:
- Designate observer(s) to attend opening and evaluation sessions.
The observer(s) will have no voting rights.
- Approve the proposal for award and the signed contract.
- Request, if necessary, a copy of all submitted bids;
During contract implementation, DGCS [Link to About us/Strategic Partners/DGCS]will carry out the following controls:
- Request, if necessary, all supporting documents relating to the contract;
- Carry out any necessary checks in case of suspected unusual commercial expenses not mentioned in the main contract.
Technical Specifications
End-users are responsible for the preparation of the technical specifications according to the indications prescribed in the bidding documents and the procurement principles indicated in the MOU [Link to Documents/Programmes¡¯ Documents/Environment /MOU]. PIU procurement experts will support end-users during the preparation and inclusion of the technical specifications in the bidding documents.
- Cultural Heritage
- Health
- Monitoring
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