information for demand organisations wto tendering for it ... · 1 examination of the evaluation...

Information for Demand Organisations

WTO Tendering for IT Services

Jürg Häubi, IT Procurement & Portfolio

All ETH Procurements are affected by the WTO!

The public is aware, we want to work, not justify ourselves

to the press or commissions.

All of you communicate (too much) with suppliers.

There are a few rules and they are easy to follow!

If we do not know what we want, how can a supplier know

what services to deliver?

Motivation


Training «Public Tendering» from 31. January 2013 by M. Fetz,

BBL/KBB, particularly:

Procurement definition:The State (public sector) procures benefits (goods, services, structures) from

third parties, with the use of state funding (tax revenue) to fulfil its duties.

Procedure:Discretionary, Invitational, selective and open procedures.

Exceptions

Prior involvement with suppliers:NO communicating with individual suppliers.

All potential suppliers (always) have the same information.

Unbiasedness and, if necessary, recusal of employees.Appearance of bias is enough!

Training by ITS PPF in 2014

Public Procurement A Reminder!


1. Objectives

2. Current Situation

3. Preparation/ Execution

4. Summary

5. Links

6. Questions

7. Thanks

Agenda


WTO-Tendering:

Objectives of procurement

Kick-off:

Essential aspects for the proper execution of a tender should be presented in a

structured manner

Providing tips und tricks from experience

For the participants

You will know the roles and responsibilities involved with carrying out a WTO-Tender.

You will know the phases of a WTO Tender and their contents.

You will know what matters with regards to the contents.

You will know where you can get further information.

1. Objectives


2. Current Situation


What does «WTO subordination» mean?

Compliance with the principles (TRANSPARENCY, EQUAL TREATMENT, COMPETITION, and ECONOMIC EFFICIENCY)

Procedures and deadlines as well as formal requirements.

Appeal procedure / official decisions

Recourse and consequences

Legal Principles and their Definition

International

Bund

Kantone

Bilateral AgreementWTO Agreement

IVöB

Catonal

Legislation

VöBBöB

Internal Market Law

Public orders of the

Cantons

Pulic orders of the

Confederation


Goals

Transparency

Economic Efficiency

Equal Treatment

Competition

Principles


Procedure


3. Preparation/ Execution


Commercial / legal aspects

Legal contact legal services/ KBB/ BBL

Approval of the Procedure

Examination of the tender documents and results (legal security)

Service providers for administering the tender (publication SIMAP

through FC, collecting questions, Postal transport, negotiations,

publication of award)

Approval of the evaluation report

Submission of the Executive Board-Application (from 500 tsd CHF)

Drafting of the contract

Leading subsequent negotiations/ contract negotiations

Contract partners

ITS PPF is responsible for:


Definition procurement object

Creating the complete tendering documents

Conduct the expert and technical evaluation

Creating a detailed evaluation report

Ensuring confidentiality through out the process

Collaboration/ recording (minutes) in subsequent negotiations

Demand Organisation is responsible for:(* potentially with support from ITS PPF):


Time planning WTO «big picture»

Resu

lts

De

ad

line

s

Creating

the Tech.

Specs.

Prelim.

Analysis/

preparation

Creating Proposals Evaluation Contracts

Approx. 1 - 4 months Approx. 2 - 4 Months Approx. 1 - 2 Months

Planning phase evaluation

Technical specifications and

appendices

Tender text SIMAP d / f od. e

2 examinations of the tender

documents through ITS PPF from an

80% version – processing time 5 - 7

days (each)

Potential translation of the tender text

3 - 5 days

Catalogue of questions

Results from evaluation

Foundation for subsequent negotiation

Evaluation report

Publication of award

Document debriefing

Contract

Questions answered within 2 – 5 days- verification of

answers through ITS PPF

1 examination of the evaluation report and approval from ITS

PPF- processing time 1.5 - 2 weeks

Potential executive proposal–processing time approx. 2

weeks

Appeal deadline of 20

days from the award

publication

Examination of

contracts &

amendments ITS PPF-

processing time 1-2

weeks


Clarify if an existing contract (from another tender) could be used.

Clarify with BBL whether an existing WTO Tender could be amended/

extended (if applicable).

Clarify if Exemptions acc. to Art 13.1 of the VöB apply.

Clarification of WTO alternatives


Tests and Proof of Concepts are possible

We need to keep to the principles (Transparency,

Competition, Equal treatment!)

To do this, we:

publish (the test/ PoC, the participants, the results, …)

We use it to open the Specs fot the competition. No competitor is

allowed to influence these specifications!

In the published tender refer again to the test, the participants and

the results in order to be transparent.

Add some time to the delay for offering or find additional measures

to compensate (Equal treatment).

15

Tests and Proof of Concept


Determining Order Value: Total requirement is relevant (lifecycle incl. maintenance/ support)

Similar orders in batches

Undetermined duration -> min. 4, but max. 5 years

Include options (uncertainty in the development/ potential upgrades)

Determining Procurement Item and Procedure: Fix categories (service or staff leasing, goods(HW/SW), work)

Divide into batches/ define number of awards

Determine delivery time/ contract duration

Exclude prior involvement

Estimate market situation

Investigation/clarification through similar procurements

Legal clarification / choice of procedure with ITS PPF/ definition of the relevant terms

and conditions

Procurement Item, Order Value, Procedure


Goal Setting: Precise presentation of the solution / performance (and scope)

Create a foundation for high quality and varied offers

Create a foundation for efficient and effective Evaluation

Don‘t restrict competition unnecessarily

Approx. Content of the Technical Specifications: Info. regarding current situation, goal setting , procedure

Description of procurement item and the process of evaluation

Qualification criteria(EK)

Technical specifications (TS)

Award criteria(ZK)

Formal requirements/ administrative matters

Keep It Simple and Stupid (KISS)

Technical Specifications


Suitability of the company as a supplier

Yes/No Criteria

No means exclusion from further process

Qualification Criteria


Technical requirements (min/max)

Yes/ No criteria

Non-compliance results in exclusion from further process

Technical Specifications


Selection criteria for suitable companies/products

Evaluation procedure leads to award

- - > > Examples and templates available from ITS PPF

Award Criteria


Provider always has the opportunity to ask questions

Questions


Declaration of commitment from all members of the evaluation

Offer exclusions must be clarified with ITS PPF

Additional improvements in writing (ITS PPF)

Subsequent negotiations (ITS PPF)

Objective analysis, equal measurement scales

Agreement regarding the points (no averages)

All deviations from the maximum point score must be clearly justified,

in writing (debriefing!)

Acceptance through ITS PPF and approval through Head of ITS ,

and, if applicable, Executive Board (SL)

Evaluation


Award publication SIMAP (www.simap.ch)

Debriefing by request

Contract negotiations/ contract drafting

Takeover by the project leader

Award/ Conclusion


Confidentiality, equal treatment, competition

Time conditions, realistic planning

Clear ideas regarding the procurement item lead to a good solution

Economic efficiency

Clarity, Simplicity and Transparency (KISS)

4. Summary


BöB: http://www.admin.ch/ch/d/sr/c172_056_1.html

VöB: http://www.admin.ch/ch/d/sr/c172_056_11.html

Tendering platform SIMAP: www.simap.ch

Standards und Guidelines: www.isb.admin.ch

Misc. Information federal Administration: www.bbl.admin.ch

Appeal decisions by Federal Administrative Court:

http://www.bvger.ch/publiws/?lang=de

ETH Terms and Conditions http://www.fc.ethz.ch/services/einkaufen

IT-Procurement: http://www.id.ethz.ch/services/list/einkauf/index

ITS PPF Contacts : [email protected]; [email protected]; [email protected];

[email protected]

5. Links

http://www.admin.ch/ch/d/sr/c172_056_1.html

http://www.admin.ch/ch/d/sr/c172_056_11.html

http://www.simap.ch/

http://www.isb.admin.ch/

http://www.bbl.admin.ch/

http://www.bvger.ch/publiws/?lang=de

http://www.fc.ethz.ch/services/einkaufen

http://www.id.ethz.ch/services/list/einkauf/index

mailto:[email protected]





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6. Questions


Thank you for your attention!

Thank you for your feedback!

information for demand organisations wto tendering for it ... · 1 examination of the evaluation...

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