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ICEC Chairman's Message
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Feature and Technical Articles
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IntroductionAs members know by now, the next ICEC international world congress will be held in the beautiful city of Ljubljana, Slovenia between 23 and 26 April 2006 and ICEC members must prepare themselves for this wonderful opportunity to be informed about the latest tendencies in the world of cost engineering, project management and quantity surveying, and to establish their influence and reinforce the network and skills of the ICEC society. The Congress: "Value management - How to ensure value from project stakeholders"Brane Semolic, president of the Slovenian Project Management Association and his team are planning an event that attendees shall never forget in a country of beauty, history and tradition. I am sure that this will be an event one should try not to miss. The seven pre-congress workshops promise to cater for most professionals in relevant fields. On Saturday 22 April 2006, four workshops will cover quantity surveying, cost engineering, risk and project management, while the three workshops on Sunday will deal with project- and value management and professional development, all presented by experts in their fields of study and practice. During the three days of the Congress itself, plenary sessions will address important contributions professions can make to stakeholders towards value ensurance, while the seven topic tracks also included in the programme will be aimed at value-, risk- and project management, quantity surveying, cost engineering, strategic management and professional development. The following deadlines and information is important:
Meeting and eventsThe following meetings will be held during or before the Congress:
Member associations, members of members and interested parties are invited to start arranging their visit to this very special event. Activities of ICECThe activities within ICEC and member associations remain important. The following aspects will be addressed at the Congress in April 2006:
Other fociThe following congresses and meetings are listed for your attention:
Professor JJP Verster Click here to return to top of screen
Rating Sustainability - How Green is your building Reprinted with permission from Hanscomb Means Report, International Construction Intelligence, Vol. 17, No. 4, July / August 2005 Oil prices topping USD 60 per barrel amid supply uncertainty and increasing demand tends to raise public awareness of energy conservation issues. Will the widespread economic pain of higher energy prices produce real long-term changes? Rising energy prices propelled the energy conservation movement of the 1970s. Building energy efficiency increased during the last quarter of the twentieth century. However, who was more motivated to act; governments or consumers? Most observers would probably agree that government policies, regulations and incentives produced the greatest change. Energy conservation is only one aspect of the bigger picture— sustainability or green building. Green building is a broad term integrating many interests and viewpoints. Its essence is reducing environmental impacts through a holistic approach to land use, building design and construction strategies. However, the economic affects of the broader environmental issues are not as directly noticeable to the building consumer as energy use. ![]() Growing GreenThe green building movement is gaining momentum around the world. Some dare say it is moving to mainstream practice. This may be an overstatement, but there is little doubt of growing awareness among design professionals and building owners. Some government policies and building regulations support aspects of the broader sustainability goals. However, the combined efforts of individuals in the property industry to move it towards sustainability are having remarkable effect. The World Green Building Council (WGBC) and the national Green Building Councils are examples. Organizations promoting sustainability realized that an environmental assessment system is a powerful tool to help reach sustainability goals. Assessment systems provide a common set of criteria and targets and a verifiable method for assessing performance. They are an educational tool as the rating systems help raise public and professional awareness of environmental issues. Assessment systems answer the essential question, "How do we know if our building is green?" A rating system provides a measure of 'greenness'. Also, do not underestimate the importance of an industry accepted stamp of approval. Worldwide, there are many approaches to rating a building for its environmental impacts. (See sidebar) The WGBC holds the position that one tool does not fit all. Each country's assessment tool "meets the local market needs and is benchmarked against local practices and legislative precedents," according to Maria Atkinson, Executive Director of the Green Building Council of Australia.
"There is an emerging awareness that green buildings also create healthier work, learning, and living environments. This awareness of indoor environmental quality is lower than the understanding of energy or water efficiency," says Atkinson. The increased awareness of sustainable building as more than just meeting code requirements focusing on energy efficiency excites those involved in the green building movement.
![]() Designing GreenGreen building requires a holistic design approach. Integrated design, views the entire building as a system and recognizes that design choices in one area often affect other building systems. By using system interactions, designers can maximize the overall building performance. Some green design features, like exposed thermal mass, require the highly collaborative, multidiscipline approach. Atkinson notes that "pursuit of energy efficiency in isolation of other environmental impacts can create sick buildings for occupants." This change from the more traditional design approach is not a new idea. It is critical to successful green design and requires a significant process change. Patel thinks it is not a question of will green design change the design and construction process, but "how fast will the change occur." Designing green requires a green products and materials supply chain. In Australia, procuring them is "one of the greatest challenges facing green designers," notes Atkinson. Unlike North America, Australia has a relatively small manufacturing sector. The USGBC achievements "influencing the supply and manufacturing chain are difficult to replicate in Australia." This is one of the differences national rating systems must recognize. However, Atkinson sees the GBC of India working with its manufacturing sector as "an exciting model for the Asia Pacific Region. India may produce green technologies, products and materials at competitive market rates for countries like Australia to import." Governments, while promoting green design, can stifle it through codes and requirements. An often cited problem is obtaining approval to use waterless urinals. Another common problem is approval for greywater recycling. The Los Angeles Department of Water and Power has contradictory policies, notes Patel. They promote green power generation, while discouraging all forms of green power generated on site by charging higher rates should a project use forms of on-site generation. The higher rates effectively make it uneconomical to employ the technologies. Costing GreenWhen not mandated or incentivized by government, persuading the property industry that green is cost beneficial remains a challenge. The short-term focus of most property owners is a real barrier. The capital and operating expenditure funding disconnect also creates difficulties. When funding does not consider whole life costs, demonstrable tangible benefits—such as reduced operating costs—requiring additional capital are seldom funded. Intangible benefits are rarely part of any value consideration. The debate about the capital costs of green design continues. However, the real discussion should be about whole life costs. "Sometimes, there is the perception that green buildings cost substantially more. However, this would be contrary to the root of sustainability. A fundamental premise of green buildings is to use fewer natural resources," says Patel. It is possible to achieve many LEED points at no or very low initial cost, but some points add initial cost. As a generalization, there may be a 2 to 3 percent premium associated with the LEED Silver certification standard. Butterss notes this is the similar expected increase "for the achievement of BREEAM Excellent in the UK, site issues permitting." ![]() Click here to return to top of screen Cost engineering for projects Presented at the 3rd SENET Project Management Conference, Bratislava, Slovakia, 22-24 September 2004. Dr Kenneth K Humphreys Introduction
Eight years ago I spoke at the 14th International Cost Engineering Congress in Guadalajara on the subject of international project costs and was quite honored when the Congress attendees selected my paper to receive the Jan Korevaar Outstanding Paper Award. Two years later in Rotterdam at the 15th International Congress I presented another paper on international projects and once again my paper was chosen to receive the award. I suspect that much of the reason that my papers were selected to receive these awards was more due to ever growing interest in international economic considerations for projects than to the quality of my writing or to my speaking ability. We can no longer consider anything we do on projects as a purely national thing which is constrained by the borders of our own country and by a single currency. Everything we do must be considered in light of international economics. Project managers must know cost engineering principles and understand the consequences of bad cost management decisions. Industrial firms are increasingly multinational, and many companies now build and operate plants in several nations. Economic cooperation agreements between nations, such as the European Economic Community (EEC), the North American Free Trade Agreement (NAFTA), and the General Agreement on Tariffs and Trade (GATT) are encouraging further industrial globalization. In January 2002, twelve European countries encompassing 31 states and territories abandoned their national currencies in favor of a common currency, the euro. The franc, lira, guilder, deutschemark, and several other currencies are no more. Ten more countries are scheduled to adopt the euro by 2006 and seven more may adopt it within the next five years. Twenty-seven other countries have fixed their currencies to the euro. Denmark, Sweden, and the United Kingdom are the only major holdouts in Europe to adopting the euro but it is probably inevitable that, in time, they will have no choice but to do so. International economic pressures and competitiveness will force them to join the rest of Europe in the conversion. Pressures such as this and the interrelated nature of world economies are making it increasingly important for project control professionals to be familiar with techniques for estimating costs in other countries and to be able to compare costs in different nations. The questions that are always being asked are: "What will this plant cost in the home country?" "What about Canada, Great Britain, South Africa, and Australia?" and "Which location is the most attractive financially?" In today's world, projects cannot be effectively managed unless such questions can be answered with a reasonable degree of reliability. Companies must know the best location for projects in order to succeed economically. We can no longer assume that our own country is the best location. If we do, a competitor will build elsewhere, produce products and services at lower cost than we can, and import those products and services into our country and price them at less than we can. They will own the market. We will lose it. I could cite many examples where this has happened but that is not necessary. Anyone can readily think of examples where this has happened and where businesses have failed or shut down because they could no longer compete with foreign competitors. A good estimator or cost engineer can readily develop the estimate for a plant in the home country, but such is not always the case for other nations. While cost engineers, quantity surveyors, and project managers are generally very familiar with major sources of cost data in their own country, they are often unaware of useful sources of cost data and related information in other countries. This problem is exacerbated by lack of time to perform a proper search, publications in various languages, and lack of information about key factors that can impact the estimate for particular geographic locations. This paper which I presented in Guadalajara provided some insight into the availability of international cost data and location factors. It included:
The complete paper is available on the Internet on the the web site of the International Cost Engineering Council. The information sources described in that paper are primarily periodical publications of various types. I do not intend to repeat the content of that paper today. It is easily available to all of you on the Internet. However I do wish to summarize a few of the conclusions made in that paper and the subsequent Rotterdam paper. Limitations of published dataPublished cost information must always be used with care. Every location factor or commonly available cost index has its own underlying method of construction, with its particular inherent components and weightings. It is vital for the estimator using such quick-estimate data to understand how it was created, and to recognize just what its limitations and applications are. Published data also is often inadequately explained and is frequently improperly dated. Date of publication is meaningless because the data may be months or years old and may require adjustment to current cost levels. Equipment cost data may or may not include ancillaries and/or transportation and installation costs, etc. Too often it seems that in the rush to complete the assignment, people will grasp any number they can find without fully understanding how it was derived, or what it represents.
With location factors, one must recognize that they generally reflect only the relative cost to replicate a facility exactly in another location. The factors do not consider cost effects which are introduced by site-unique conditions such as climate, earthquake and geological considerations, etc. If the design is not identical in both locations, location factors alone do not account for all of the cost differences. Background studiesIn order for a proper estimate to be made of a particular international project, it is vital to understand the conditions existing in the country or countries where a project is to be located. In a 1978 paper presented at the Fifth International Cost Engineering Congress, Utrecht, Netherlands, C.G. Walker outlined the major economic system parameters to be evaluated as follows: Political: stability; attitude towards foreign investment; type of bureaucracy; Many other authors have discussed site- or country-specific factors that can impact the cost, schedule, and/or price for an international project. These include: local material quality/availability, labor availability, equipment availability, labor productivity, import duties, import licenses, local taxes, language, length of workweek, holidays, inflation, fluctuating exchange rates, religious customs, buy-local laws, shipping cycles, weather/climatic impacts, workforce level of education, logistics, workforce housing, and many other relevant factors. Regional variations of these factors within a country must also be expected, and remoteness/distance from major cities or supply centers can often aggravate the above problems even further. Internation location factorsWhen little time is available or warranted to perform appropriate background studies, and detailed design and engineering have not been completed, estimators must turn to published indexes, location factors, or other sources of relevant data for help. A location factor is an instantaneous, overall, total cost factor for converting a base project cost from one geographic location to another. This factor recognizes differences in productivity and costs for labor, engineered equipment, bulk materials, commodities, freight, duty, taxes, indirects and project administration. The cost of land, scope/design differences for local regulations and codes and differences in operating philosophies are not included in the location factor.
With the current rush of industries attempting to globalize, use of location factors has become increasingly important. Location factors should be used to factor a base estimate for comparing costs at differing locations and not for the funding estimate for the selected location. After selection, a higher quality estimate should be developed for project funding.
Many countries do not have the capability to manufacture certain specialized equipment and routinely import this material. So the degree of local vs. import and the relative cost differences need to be part of the location factor calculation. Many companies use U.S. costs and apply percentages for freight, import duties and customs and broker fees. Two other issues that should be considered are:
These items can greatly affect the material and equipment costs for an actual project. The location factor needs to reflect the above considerations and expected or known strategies with the factors being adjusted accordingly. Local monetary rates, productivity differentials and benefits and burdens vary enormously by individual country. Governmental employment regulations, rules for foreign workers, travel and support costs, and religious and cultural differences must be carefully evaluated. All can impact a location cost factor program. Project elements checklistThe planning and execution of an international project requires many special considerations not usually encountered when planning within your own country. There are the obvious differences such as wage rates, productivity, duties, and taxes, but many more differences may be overlooked. To properly prepare an international estimate and to avoid unpleasant surprises requires that you conduct research on construction practices in the target country. The following checklist presents many of the differences that need to be considered and recommended actions which should be taken in order to insure development of a reliable and accurate estimate. Project Design
How do you beginIf you have never tackled a multi-national project before, the above list is certainly enough to discourage anyone from attempting it. Fortunately, there is a good support infrastructure to help you get started. Most major industrial nations have the equivalent of a Department of Commerce. These government agencies have staffs that are well versed in helping you develop a plan and obtain the information you need for a successful project. You should begin your project by contacting one of these agencies and embassies of the countries involved for assistance. You should consider a local partner or consultant in the host country. This person or company should have the ability to help you with the language, identify local rules and regulations that will apply to the project, and help you through the processes. You will need help from someone skilled in local construction practices: a design firm, local contractor or just a special consultant. Discuss with this person the project logistics of local contractors vs. self perform, construction equipment, site housing requirements, local versus imported materials and labor, schedule, etc. to develop a project plan. To help locate this person or firm, you may wish to start with the International Cost Engineering Council (ICEC) and the International project management Association (IPMA). ICEC has 44 national member societies doing business in much of the world. Many other national associations have indicated their interest in becoming ICEC members. IPMA has member organizations in 34 countries, 11 IPMA members are also ICEC members. All of these organizations are willing to assist you. You can contact them via the ICEC website at http://www.icoste.org or the IPMA website at http://www.ipma.ch. The ICEC website provides a complete listing of ICEC members with e-mail links. A link is also provided to the IPMA site and to numerous other organizations which are concerned with project management and control. Once you have put together your basic project plan, you will need to begin gathering the specific cost and schedule information required for the project. Here are some suggestions to help you compile the information:
ConclusionThe best possible summary for this discussion is from John R. Barry's paper, "Ten Commandments of International Cost Engineering," presented at the 1993 Annual Meeting of AACE International:
The reliability of available data is usually suspect, so test, test, and retest it. Communication problems are difficult across cultures, and sometimes language differences can cause misunderstandings when soliciting data. The use of international factors is a session all its own. A few basic principles for guidance include keeping in mind that a time or place factor means nothing without an exchange rate and date and that a base city must be identifiable, since variation can exist within your home country. The paper concluded with Barry's "Ten Commandments for Worldwide Cost Engineering," which have appeared in several of his articles over the years. They are a fitting conclusion to this paper as well. John Barry's Ten Commandments for Worldwide Cost Engineering
Multi-national projects carry many risks, but as economies become more global, the potential reward from international projects will become greater. This list of activities and recommendations is far from complete, but it does cover most of the more significant items of concern. If you begin working with these recommendations, you will have the tools needed to make you a successful international project manager. Dr Kenneth K Humphreys Click here to return to top of screen Public-private partnership as a basis of the development of public procurement JUDr Ing Jirí Vlach AbstractThe process of public procurement is a typical case of a project that should be managed by means of project management. In the preparation phase there is the year’s plan of procurement and its audit ex-ante, the necessity-statement of the object’s procurement, the specification of the object and choice of the method. The competition phase serves to the selection of the contractor. It begins with the public announcement of the tender and ends with the signing of the contract. The main activity is to elaborate the tender dossier and correct evaluate all the bids, finding the best value for money without any discrimination and with the best possible transparency. The last realisation phase after the contract signing ends with the complex evaluation of the project and with audit ex-post. The persons acting in public procurement in Slovakia must be qualified, but project-manager-certification is not obligatory asked and project management does not build an obligatory part of the education program of the buyers. The participation of certificated project managers in public procurement process and necessity of education of buyers in project management is discussed. Keywords:public procurement, certificated project managers Partnerships between the public and private sectors, in both social and economic spheres, establish a fundamental basis of further development and improvement of society. This phenomenon is currently applied in all spheres of activity in societies worldwide as the essential element and crucial impetus for further growth of the societies. Numerous political,administrative and civic, both universal and specialized, agencies, organisations and corporations at the national and international levels work to encourage partnerships between public and private sector officials. Although the partnerships are helpful for all countries including developed countries, they may be particularly useful for the development of the countries in transition. As regards public-private partnerships, countries with developed economies are ahead of the countries in transition. However, that may be beneficial for the countries in transition because they can draw on experience of the developed countries to make quicker and correct decisions and implement the public-private partnerships. Public-Private Partnership in Public ProcurementOne of the areas where public-private partnerships are often utilized is public procurement. It is an acceptable public procurement practice because the very essence of public procurement is economic and ethical relationships between the public and private sectors. Public sector officials purchase goods, services and works necessary for society, from private suppliers and use public funds (i.e. citizen’s money administered by the public officials) to pay for it. Public officials, or in this case "contracting authorities", are obliged to make sure they purchase only those things that are really needed with regard to their function and quality, and purchase it in the most economical way possible. This obligation is based on the "best value for money" principle, i.e. to achieve the required (adequate) value for the money spent. A private businessman as a supplier of these goods, services or works needed in society, i.e. the "bidder", is interested to be awarded the public contract (which will improve its position in the market) and also, to deliver the goods under the contract with the highest profit possible in the market. If the bidder can make even more than that, it is willing to share this "more" with another entity that can help him to receive such a beneficial contract. It is not the purpose of this paper now to say whether it should be called an expression of gratitude, "tip", bribe or any other sort of corruption, cronyism or mafia-kind of behaviour, or how to prevent or punish such behaviour. As regards the application of public-private partnerships, any inappropriate conduct in public procurement that increases the public expenditures above the usual market level is socially undesired and dangerous, and as such is punishable as a criminal act. That is why such behaviour is not public; it is kept in secret and not disclosed in the documentation or accountable receipts of either the contracting authority or the supplier. Under such circumstances it is very difficult to prove such misconduct and only a very a few cases can be brought before the court. However, such conduct is very dangerous for society. If it is not treated as a misdemeanour, an antisocial act, or even as a criminal offence, it will spontaneously encourage its repetition without punishment and corruption will become a habit. Again, this is not what this paper wants to focus on. If a businessman applying for public contracts achieves its goal (i.e. gets the contract and makes an adequate profit), it has no reason – in a healthy market environment! – to give to the staff of the contracting authority who has any influence on the award of the contract a bribe in the form of a secret "returning" of the difference between the higher price awarded in the contract and the usual market price of the goods procured. Quite the opposite, the entrepreneur fears such behaviour might be disclosed, and is concerned by the potential social and criminal consequences, pressure to repeat such behaviour in the future, or the possibility of future blackmail. The businessman does not have to worry about all that if it achieves its interests in the usual market conditions. But the businessman needs to know whether it can count on correct and non-corrupt conduct of the contracting authorities in the future procurement cases. With regard to its interest in correct public procurement the private businessman applying for public contracts becomes an important element in the fight for socially beneficial and noncorrupt public procurement, an economical use of public funds, and efficient social life. A major role in this society-wide effort (apart from a number of other means, such as legislation, pressure on the economical use of public funds through public budgets and audits of their results, criminal and labour penalties, higher qualifications and ethical standards of the contracting authorities) is played exactly by public-private partnerships that are manifested through public declarations of anti-corruption agreements, enforcement of ethics codes or application of integrity pacts in major public procurement cases. It can be noted with satisfaction that public partnerships are acknowledged and supported not only in developed democracies, but their implementation can be now observed little by little also in Slovakia. Under the auspices of the EU Ambassador to Slovakia, Slovak Prime Minister and Transparency International Slovakia an anti-corruption agreement has been signed by a few dozens of major businesses in Slovakia. Moreover, contracting authorities and major bidders have begun drafting and enforcing codes of ethics, also anti-corruption and information basics on the public procurement process have been published and declared and samples of Integrity. Pacts of contracting authorities and bidders made available. Despite all those efforts, however, it is still too early to evaluate the results delivered by public-private partnerships in Slovakia.
Project Management in Public ProcurementWe must keep in mind that public procurement is a complex social, economic and organisational process of management that fully meets the definition of a „project“ as used in the project management terminology. And as such, if this process should meet its goals, it is recommended that both the contracting authority and bidder manage the process with project management methods. In the light of the above, as qualified specialists in the project management we must keep emphasizing the complexity of every public procurement project from its beginning to its end. This is necessary because under the influence of the Slovak legislation (Public Procurement Act) and a narrow scope of the competencies of the Public Procurement Office key attention is paid only to that part of the process that deals with the selection of the supplier, i.e. that part of the process that starts with the determination of the procurement method and ends with the signing of the contract. But as any other project, also a public procurement project has its preparation, pre-selection of bidders, and implementation and evaluation phases. The project management principles are least observed in the preparation phase in which social needs and possibilities of satisfying of the needs are being determined. In the pre-project part of the preparation phase the contracting authority formulates its needs and possibilities of public procurement as a whole. This part includes mainly drawing up a public procurement plan, review of the plan by an independent audit ex-ante, incorporating the plan in the budget of the authority, and publishing these documents. In respect of organisation, samples of documents in the sequence of the steps to be taken in the public procurement process must be prepared and published (and updated in the following years) and the information system for public procurement must be implemented (if possible, this information system should be part of the global information system of the authority). As far as ethics are concerned, the Code of Public Procurement should be drawn up and declared, as well as Integrity Pacts for important cases of public procurement. The project phase of the preparation phase is concerned with individual cases of procurement and attention is concentrated on designing tender documents, mainly their key segments, i.e.the accurate specification of the purchased goods, conditions for participation of bidders in the selection process, criteria for the selection of the best offer. The design of the tender documents is the most difficult part of the procurement process because it is a laborious process requiring the most qualified work. The analyses of wrong, insufficient and incorrect procurement cases (that often get media coverage too) show that it is exactly inappropriately prepared tender documents that are the main cause of bad tenders, regardless of whether the insufficient preparation of the documents was caused by a lack of knowledge or qualifications, or negligence, lack of care or involvement of the staff designing the document, or even a bad intention of the staff. Inappropriately prepared tender documents almost always open the door to cronyism, bribery, corruption and mafia practices. The effort to design good and qualified tender documents is best helped if the documents are publicized. The selection phase of procurement, i.e. the selection procedure and the sequence of the steps is thoroughly specified in the law and is subject to administrative control. It is therefore a phase that is the most monitored phase and gets most media coverage. The main steps in this phase are the advertising of the tender, preparation and submitting the bids, appointment of the members of the selection commission and the evaluation of the bids by the commission choosing the winning bidder, followed by potential compliant procedure, and –on the end of the process - the signing of the contract. Fears from potential penalty for breach of rules set forth for this phase cause that the contracting authorities overestimate the administrative part of the process at the expense of the effort to select the best bid. The sign of distortion in public procurement in Slovakia is an inadequately high number of complaints (as compared with the developed countries) that are filed by bidders against the procedure of the contracting authority after the bidders find out they have not won the tender. This protracts the length of the procurement process, which causes difficulties to the contracting authorities. According to the Public Procurement Office the majority of the complaints filed in Slovakia is unsubstantiated. Not enough attention is paid to the implementation phase. Lack of attention concerns mainly annexes to the contracts and checks of the quality of the supplied goods or services, which very often results in a failure to meet the societal goals of the public procurement. However, the failure of the procurement is discovered only at the final evaluation of the procurement when it is too late and nothing can be done against it. This happens because the changes executed in this phase are not subject to strict procurement laws and it is possible to use a simple non-public agreement to change the initial criteria for the selection of the best value bid (and thereby violate the original correctness of the tender), but also change the qualitative indicators of the supply or even the specification of the goods. That is why this phase is "discreetly" abused by various corruption practices and cronyism. Another phase remaining outside the realm of public interest is the evaluation phase, which causes insufficient review and checks on whether the initial objective, i.e. a proper satisfaction of the societal need, has been met, and whether it has been met in an economical and efficient manner. The sign of this lack of interest in the post-project phase is that no independent audit ex-post is required to review the results of the procurement process as well as the level of fulfilment of the procurement plan. So far we have tackled public procurement cases from the point of view of the contracting authority as one party to the procurement and the contractual relationship. The other party in this process are bidders for public contracts, and later the contractor as the winning bidder. Also from the point of view of the other party procurement is a project that requires the application of project management. In the preparation phase the bidder takes the decision to participate in the tender. The main element of the selection phase is drawing up a qualified bid that offers the supply in accordance with the specification and procurement conditions and selection criteria, and if the bidder wins the contract, this phase is concluded with the signing of the contract. The key phase from the point of view of the supplier is the implementation phase in which the supplier provides for the performance under the contract. The fulfilment of the goals of the supplier will be reviewed in the evaluation phase. A responsible performance of the contract strengthens the contractor’s image in the market and the achievement of an adequate market profit provides for its economic stability. There is no doubt that the common interest of both parties (the contracting authority as well as bidders) in a healthy marketeconomy is to achieve a successful and smooth course of their projects and fulfilment of their project objectives. It is this common interest to achieve the project objectives in public procurement that is the basis for an efficient functioning of a public-private partnership. Project Qualification of Contracting AuthoritiesThe application of project management as a specific field of management is reflected in a successful preparation and implementation of procurement projects. Procurement cases, i.e. individual projects, can be managed well by those who are appropriately trained and qualified for such management. Under the Slovak public procurement law public procurement may be carried out only by persons with appropriate qualifications who have received a certificate of training and have been entered in the register of the Public Procurement Office of persons competent for procurement. However, these competent persons are currently trained and certified only in the knowledge of the public procurement law (i.e. only for the phase of the selection of the supplier) and no other certification of a project manager is required from them, nor is project management made part of their training. This must be considered a shortcoming in their qualification in case of more complex procurement projects. A qualified preparation and implementation of public procurement on the part of the contracting authority as well as equally qualified approach of the contractor constitutes one of the foundation stones of a public-private partnership in procurement. Public-Civic Partnerships in Public ProcurementSo far we have discussed a partnership in public procurement from the position of contracting authorities and private bidders, i.e. business applying for public contracts, and we have come to the conclusion that in a healthy market both these parties are interested in a correct procurement process and are willing to support it in their own interest. The civic society – that is citizens as the carriers of the democratic political power, representatives of social ethics and morality, and a source of the public funds – is also interested in public matters and in how the public funds are used. If we succeed in involving the civic society in the efforts for correct public procurement, then we can speak of the partnership of the contracting authorities (whom we expect to ensure fulfilment of the societal needs and a good use of public money, i.e. the money belonging to all citizens that was delegated to their care) and the citizens, i.e. the civic society as the end users of the societal needs procured, directly participating in the ethics of society and last but not least, citizens as the source of public funds. The higher the level of democracy in society, the higher the citizen’s interest not only in the fulfilment of the societal needs but also in a better use of the public funds and a higher level of the social ethics and morality, as well as the interest in a correct procurement process. Therefore, a certain level of an economic democracy significantly increases the possibilities, scope and the results of a public-private partnership (we can be more accurate: "a public-civic" partnership), in particular in public procurement. To initiate the citizen’s interest in a good management of "their" public money and citizen interest in an effective fulfilment of the needs of citizens and a life in an ethical and moral environment, we must encourage their decision to take interest in public procurement through providing them sufficient information about the whole process of public procurement. That is the issue of the information transparency of public procurement. The citizens should be able to get easy access to the information about the procurement plans of individual contracting authorities and the incorporation of the plan in their budget, information on the tenders and their conditions and criteria, tender documents in major procurement projects and the evaluation of the bids, signed contracts as well as the evaluation of the procurement plans and results of an independent audit of the plans. From the point of view of the ethical approach to the procurement process this can be ensured through a publication of information in the code of ethics of individual contracting authorities, provision of samples of their integrity pacts for major procurement projects, appointment of the members of the selection commission and prevention of any conflict of interest of the members, and the complaints against the procedure of the contracting authority. The most advantageous form of transparency of the information is its posting on websites of contracting authorities. The guidelines of transparent publication of procurement information can be found in brochures published by Transparency International Slovakia 10. Transparency of information on public procurement is just one side of the interest in public-civic partnership. The other side is the use of the transparently publicized information to examine the correctness of the procurement process, requiring of correction of the found incorrectness in procedures of individual contracting authorities and the pressure to improve the organization of the system of procurement and its transparency. In USA the so-called "whistle-blowing" is successfully used: citizens who inform on any wrong use of public funds get 10% of the public funds that was, or was going to be inappropriately used. Various civic associations and interest organisations as well as the media play an important role in this. ConclusionThe Public-Private Partnership is very helpful in numerous areas of life. It can be initiated and its results used in public procurement between contracting authorities and bidders, and also between the contracting authorities and citizens also in the application of the project management on the part of both contracting authorities and bidders. As opposed to developed countries, Slovakia is only beginning to use these partnerships. The use of the experience of the developed countries, however, may accelerate the progress.
JUDr. Ing.Jirí Vlach, PhD. Click here to return to top of screen | ||||||||
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