PUB UBLIC C PROCURE ROCUREMENT NT WORK ORKING GROUP NG GROUP - - PowerPoint PPT Presentation

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PUB UBLIC C PROCURE ROCUREMENT NT WORK ORKING GROUP NG GROUP - - PowerPoint PPT Presentation

PUB UBLIC C PROCURE ROCUREMENT NT WORK ORKING GROUP NG GROUP GUI GUIDE DELINE NE FOR A OR AUDI UDITORS ORS Mic ichael l Hadjilo jiloiz izou AUDIT UDIT OFFICE ICE OF THE HE RE REPUB UBLIC O IC OF CY CYPRUS RUS PUB UBLIC


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SLIDE 1

PUB UBLIC C PROCURE ROCUREMENT NT WORK ORKING GROUP NG GROUP GUI GUIDE DELINE NE FOR A OR AUDI UDITORS ORS

Mic ichael l Hadjilo jiloiz izou

AUDIT UDIT OFFICE ICE OF THE HE RE REPUB UBLIC O IC OF CY CYPRUS RUS PUB UBLIC IC PRO ROCURE CUREMENT NT A AUDIT UDIT SEMINA INAR 14 A 14 AND ND 15 15 OCT CTOBER R 2010 2010 LISBOA

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SLIDE 2

WHEN EMBARKING ON AN AUDIT OF PROCUREMENT AUDITORS ARE AWARE OF:  Existing management system

 Legal and administrative provisos for procurement, and  Technical requirements of project The latter tends to be sometimes neglected by auditors Examples of this neglect are the audit of:  The estimation of the contract value (cost estimate)  The evaluation of tenders

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SLIDE 3

AUDIT OF COST ESTIMATE  Besides being the criterion for publication in the Official Journal of the European Union (OJEU), its most important purpose is its use as a tool of comparison with the tenders received Therefore it must be:

 Credible  Reliable The estimate will assist in the prevention of  Collusion  Monopolistic exploitation

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SLIDE 4

AUDIT OF COST ESTIMATE

 Its importance is further amplified in

 The Restricted Procedure  The Negotiated Procedure, and  Framework Agreements where the possibility of collusion is greater as compared to the Open Procedure.

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SLIDE 5

AUDIT OF COST ESTIMATE  Its submission must be prior to tender opening  Its preparation can be based on:

 Market prices (e.g Machinery, Plant)  Previous tenders (e.g Medicines)  Internet (e.g Spare parts)  own data bank (e.g construction projects)

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SLIDE 6

AUDIT OF COST ESTIMATE A.

  • A. Fo

For audi udit pur purpos poses we c e can an chec eck that at:

  • Uni

nit rat ates es / / prices es ar are r e reas easonab able. . Th Thes ese ar e are e compar ared ed w with rat ates es an and pr prices of

  • f pr

previous

  • us similar c

cont

  • ntracts taking

ng int nto

  • account
  • unt:

Size/magni gnitude ude/qua quant ntity of

  • f pr

proj

  • ject

Condi

  • nditions
  • ns of
  • f execut

ution/

  • n/impl

plement ntation/

  • n/pe

perfor

  • rmanc

nce of

  • f the

he pr propos

  • posed

d wor

  • rk (e.g.
  • g. cont
  • ntract pe

period,

  • d, ge

geot

  • techni

hnical condi

  • nditions
  • ns etc)

Geogr

  • graphi

phical loc

  • cation
  • n of
  • f the

he pr proj

  • ject

Revisions

  • ns and

nd amendm ndment nts be becaus use of

  • f cha

hange nges to

  • ba

basic cos

  • st

cont

  • ntribut

buting ng factor

  • rs e.g.
  • g. labour

bour cos

  • st, fue

uel cos

  • st etc

Inf nflation

  • n sinc

nce the he tende nder subm ubmission

  • n da

date

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SLIDE 7

AUDIT OF COST ESTIMATE

 Othe her factor

  • rs e

e.g.

  • g. int

nterest exhi hibi bited d by by cont

  • ntractor
  • rs or
  • r the

he abunda bundanc nce

  • r lac

ack of av avai ailab able e work.

  • Abunda

bundanc nce of

  • f wor
  • rk => pr

prices hi high gh

  • La

Lack of

  • f wor
  • rk => pr

prices low

B.

  • B.  It i

is good good pr practice to

  • repor

port all a assum umpt ptions

  • ns mad

ade, , i.e .e. . pr previous

  • us tende

nders us used d fo for th r the extrapol polation of

  • n of the

he c cos

  • st

esti tima mate

  • te. A

All the hese shoul hould d be be r recor

  • rde

ded. d.

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SLIDE 8

AUDI UDIT OF OF E EVALUA UATION ON

All evalua uation

  • n repor

ports s shoul hould d ha had be d been n assessed by d by an E n Empl ploy

  • yer's

Com

  • mmittee

The he evalua uation

  • n criteria shoul

hould ha d had d be been c n clearly s stated i d in n tende nder doc docum ument nts In n case the he t tende nder pr prov

  • vide

des f for

  • r t

the he be best e evalua uated d tende nder and not nd not t the he low

  • west tende

nder pr price t the hen n int nter-alia, t the he f fol

  • llow
  • wing

ng shoul hould d ha had be d been n cons

  • nside

dered i d in t n the he e evalua uation:

  • n:

1.

  • 1. Tende

nder Sum um 2.

  • 2. Supe

upervision/

  • n/Ins

nspe pection

  • n Cos
  • st (poor

poor Qua uality Assur uranc nce) 3.

  • 3. Cos
  • st of
  • f Dealing

ng with h Non

  • n - Conf
  • nfor
  • rmanc

nce 4.

  • 4. Cor
  • rrective A

Action

  • n of
  • f Non
  • n - Conf
  • nfor
  • rmanc

nce 5.

  • 5. Cos
  • st of
  • f Cont
  • ntinui

nuing ng Moni

  • nitor
  • ring/

ng/Assessment nt 6.

  • 6. Adm

dmini nistration

  • n Cos
  • st

7.

  • 7. Var

ariat ation from m Optimu imum m Materia ial l Cost – Estimated Vs Ac Actual 8.

  • 8. Sampl

ple/Testing/ ng/Traini ning ng Cos

  • st

9.

  • 9. Mai

ainten enan ance e Costs 10.

  • 10. Oper

erat ational al Costs

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SLIDE 9

The audit can look into:  Evaluation procedure according to tender conditions – clearly described criteria  Recommendation which must be compliant with tender conditions and in conformity with predetermined criteria  Evaluation of tenderers responsiveness (what constitutes non- compliance)  Comparison with estimate or independent estimate to establish reasonableness and logic of price  If high prices in all tenders, it may be attributed to:

  • Tortuous conditions
  • Short period for submission of tender
  • Short period for contract execution
  • Collussion amongst tenderers /fabrication of prices
  • Wrong cost estimate

 Are there any major deviations from tender conditions?

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SLIDE 10

 The auditor should carry out a brief technical scrutiny to ensure compliance with requirements  Contracts, as we all know, should be awarded on the basis of

  • bjective criteria which ensure compliance with the principles of

 Transparency  Non discrimination  Equal treatment  Tenders should therefore be assessed in conditions of effective competition and as a result we can only have two award criteria  The lowest price  The most economically advantageous tender

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SLIDE 11

The most economically advantageous tender  In an evaluation process the Contracting Authority (CA) is

sometimes called upon to evaluate a technical proposal and then somehow merge this with the financial proposal. The “two envelope method” could be used in this case. It is a procedure where tenderers submit their proposal in two parts:  one envelope containing the technical proposal. This is evaluated according to predefined criteria set in the Request For Tenders  one envelope containing the financial proposal.  This process aims to find the MOST ECONOMICALLY ADVANTAGEOUS TENDER where the CA wishes to award a tender with the best value for money method

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SLIDE 12

The most economically advantageous tender  This method can take into account various criteria such as quality, price, technical merit, aesthetic and functional characteristics, environmental characteristics, running cost, cost effectiveness, after sales service and technical assistance, delivery date or period

  • f completion etc

 To avoid the subjective and arbitrary use of technical criteria it is widely accepted that a mathematical formula, such as or very similar to the one below is established Weighted Average Score = A . (T/Tmax) + B . (Fmin/F) where:

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SLIDE 13

The most economically advantageous tender A = Quality coefficient (technical weighting factor) B = Price coefficient (financial weighting factor) T = Score of Technical Proposal Tmax = Score of Best Technical Proposal F = Tender Sum Fmin = Lowest Tender Sum A+B=100%  Formula should be specified in tender documents  Formula is used to calculate the combined markings of the financial and technical proposals (weighted average score)

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SLIDE 14

The most economically advantageous tender  Selection of an unjustifiably expensive tender can be avoided if the CA includes suitable tender provisions such as: (a) Forbidding the submission of tenders beyond a maximum fixed percentage e.g 120% of the genuine pre-estimated contract cost (ceiling), or (b) by defining the proportion of the quality to price co-efficients (ratio) in such a way, so as to exclude the selection of an excessively expensive tender, as compared to another which is to acceptable quality but of a lower price.

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SLIDE 15

The most economically advantageous tender  By adjusting the coefficients A(quality) and B (price), the CA can place more weight where they wish, quality or price  Word of warning: in most cases they will want the best (even for routine supplies, so be prepared to see 80:20, 70:30, etc). This however, in most cases is neither efficient nor effective and certainly not economical.  These technical and financial weighting factors A and B:  Reflect how much more the CA is willing to pay in order to

  • btain better quality and consequently select a more expensive

tender. There is a price advantage for even the lower ratios, such as 20:80 or 30:70 (as opposed to 80:20 or 70:30) where quality is predominant at the expense of price.

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SLIDE 16

The most economically advantageous tender  This is clearly shown in Table 1, where:

  • For a 30:70 technical:financial coefficient ratio and a 20%

difference in the technical score the CA is expected to pay 10,5% more for the higher marked tender

  • For a 70:30 technical:financial coefficient ratio and a 20%

difference in the technical score the CA is now expected to pay 108% more.  Worth noting (see fig. 6) is the much steeper increase in the % Price Difference as the ratio of A:B increases from Δ=5% to Δ=25%.

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SLIDE 17

Example 1: Applying the formula for two tenders – both with a technical mark above 70% - having a difference of say 20 marks in the technical score (e.g. 95% and 75%), then the following prevail: For a ratio 20:80 the C.A. may pay up to 6% more For a ratio 30:70 the C.A. may pay up to 10% more For a ratio 40:60 the C.A. may pay up to 16% more For a ratio 50:50 the C.A. may pay up to 27% more For a ratio 60:40 the C.A. may pay up to 46% more For a ratio 70:30 the C.A. may pay up to 96% more For a ratio 80:20 the C.A. may pay up to 533% more Consequently if the Contracting Authority is willing to pay up to 30% extra for the qualitative difference between two acceptable tenders then it must exclude the ratios 60:40, 70:30 and 80:20.

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SLIDE 18

Example 2

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Tenderer A: Tenderer B: TA = 70 FA = 100.000€ TB = 85 FB = ?

If the technical to financial coefficients (A:B) prescribed in the tender documents, is 60:40 and since the difference in the Technical Scores is 15, then the corresponding percentage price difference (see Table 1 and Fig. 3) is 36%. This means that tenderer B would be the successful bidder, if his tender is lower than €136.000.

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SLIDE 19

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Difference in Technical score, Δ = 5%

10 20 30 40

20:80 30:70 40:60 50:50 60:40 70:30 80:20

Fig.1 Technical:Financial coefficients (A:B)

% Price difference

Difference in Technical score, Δ = 10%

20 40 60 80 100

20:80 30:70 40:60 50:50 60:40 70:30 80:20

Fig.2 Technical:Financial coefficients (A:B) % Price difference

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SLIDE 20

20

Difference in Technical score, Δ = 15%

25 50 75 100 125 150

20:80 30:70 40:60 50:50 60:40 70:30 80:20

Fig.3 Technical:Financial coefficients (A:B) % Price difference Difference in Technical score, Δ = 20%

50 100 150 200 250

20:80 30:70 40:60 50:50 60:40 70:30 80:20

Fig.4 Technical:Financial coefficients (A:B) % Price difference

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SLIDE 21

21

Difference in Technical score, Δ = 25%

50 100 150 200 250

20:80 30:70 40:60 50:50 60:40 70:30 80:20

Fig.5 Technical:Financial coefficients (A:B) % Price difference

TABLE 1 (values corresponding to Fig. 1 to 6) Technical:Financial coefficients (A:B)

% Price difference

for Δ=5% for Δ=10% for Δ=15% for Δ=20% for Δ=25% 20:80 1.7 3.2 4.6 5.9 7 30:70 2.9 5.7 8.2 10.5 12.7 40:60 4.7 9.1 13.3 17.4 21.3 50:50 7.1 14.3 21.4 28.6 35.7 60:40 9.7 23.1 36 50 65.2 70:30 18.4 41.2 70 107.8 159.1 80:20 36.4 100 240.1 800 2000 NB: 1. Δ = Difference in Technical score

  • 2. All above examples assume a tender with a lowest Technical score of 70%
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SLIDE 22

Difference in Technical score, Δ 5-25%

50 100 150 200 20:80 30:70 40:60 50:50 60:40 70:30 80:20

Fig.6 Technical:Financial coefficients (A:B) % Price difference

for Δ=5% for Δ=10% for Δ=15% for Δ=20% for Δ=25%