- Status
- Closed
Background
In the framework of the TACIS 1997 programme the European Commission and the Russian, Ukrainian and Kazak authorities agreed to improve the safety of nuclear installations under a programme that includes on-site assistance to nuclear power plants (NPPs) and other projects to be financed by the European Community in the field of nuclear safety.
Under the on-site assistance programme, EU NPP operators (Utilities) would maintain a presence on-site at Beneficiary NPPs in order to assist beneficiaries, inter alia, in the identification and preparation of projects aimed at improving safety through the purchase of required safety-related equipment.
For other specific projects, such as those concerned with reactor design safety or nuclear safeguards, EU contractors would carry out, for example, research, design or study work which, in some cases, would require the complementary supply of necessary equipment.
The Utilities and contractors, in conjunction with the beneficiaries/end users, would prepare the Technical Specifications required for the purchase of the identified equipment. These Technical Specifications would form the basis of a procurement procedure which would result in the purchase and delivery of the equipment financed from the TACIS funds.
The European Commission contracted the services of a Procurement Agent (PA) to manage the entire procurement procedure and carry out the activities described below to ensure the necessary transparency of the procurement procedure.
Two Procurement Agents contracts were placed under the TACIS 1997 programme, one for projects in the area of safeguards (Contract 25624) and one for all other nuclear safety projects (Contract 25625).
Objectives
The tasks of the Procurement Agent were as follows:
Planning: On the basis of information to be provided by the Utility/Contractor and Beneficiary, the PA would prepare a Procurement Plan.The Procurement Plan comprised:
Work-plan and organisational arrangements, to include all dates
Milestones for availability of the Technical Specifications, Contract placement, equipment delivery, installation, acceptance and any other important dates.
Cash flow projection
Preparation of the Tender: The PA was responsible for obtaining the Technical Specifications (TS) from the Utility/Contractor responsible for their preparation, checking their commercial neutrality and completeness and ensuring that they had been endorsed by the Beneficiary, the EC and any other body involved in the TS endorsement such as TPEG or JRC. The PA was also responsible for obtaining from the Utility evidence that the proposed budget was sufficient for the equipment to be purchased.
The PA then had to propose to the EC the appropriate procurement procedure (Direct Agreement, Restricted Tender or Open Tender) with the corresponding justification, if derogation from standard EC tendering procedures is proposed. If relevant, the PA also had to prepare a short-list of potential suppliers based on a proposal from the Utility/Contractor.
The PA then had to prepare the Tender Dossier, including, inter alia, the commercial terms of purchasing, the payment and shipping conditions, etc. The Tender Dossier had to be submitted to the EC for final checking prior to launch of the tender procedure. Once endorsed by the EC services, the PA was required to launch the tender procedure, ensuring publication of the notice of invitation to tender according to EC rules and ensuring the distribution of the tender documents. The PA was responsible for organising the answers to clarification requests from tenderers during the tendering period.
Tender Evaluation: The PA was responsible for the preparation and management of the tender opening session. The PA also obtained and commented on the Evaluation Criteria and composition of the Evaluation Committee proposed by the Utility/Contractor. Thereafter, the Utility/Contractor, with the Evaluation Committee, carried out separate technical and financial bid evaluations, according to EC regulations. The PA acted in the capacity of secretary to the evaluation committee, taking responsibility for all contacts with tenderers when clarification of the bids was required and preparing the tender evaluation report which was submitted to the EC for approval.
Contract Signature: The PA was responsible for:
Conducting negotiations according to the recommendations of the evaluation committee.
Preparing contracts using standard EC documents and submitting a contract dossier to the EC.
Ensuring all parties, including the beneficiaries, are informed of the signature procedure and receive the appropriate documentation in advance.
Acceptance/Payment: The PA acted as a paying agent for the EC by paying the suppliers from a special account opened for this purpose in accordance with the terms and conditions of the relevant supply contract. The PA had to:
Obtain invoices from the suppliers along with other documents proving origin, quantity, quality and safe delivery to the final destination.
Obtain from the End User and Utility/Contractor statements of conformity for interim and final payments to the supplier.
Verify the correctness of all documents.
Present payment orders, together with the suppliers’ invoices and supporting documents, to the EC for approval and payment.