PAO-SPO MEETING ON SPECIFIC
ISSUES
22nd November- 2011
MAIN TOPICS
PROCUREMENT
 Legal Framework
 Critical issues for a smooth tendering of a project
 Calendar for 2009&2010 National Programme
FINANCE

Why do we supervise?

Upcoming Revisions in PMG and Check Lists:

Approval of the Invoices including properly filled Checklist

Incidental Expenditure Check

Certificate of Origins
MONITORING
 Progress and Monitoring Reports (PMR) and its relation with the flow of funds
 Provisional and Final Acceptances
 Timesheets
 Irregularity/Zero Irregularity Reporting
CFCU - 22nd November 2011
2
WHY WE ARE DOING THESE?
WHAT IS THE LEGAL FRAMEWORK?
A. The requirements [selected indicative] of the IPA Regulation –
1085/2006 and its Implementing Regulation – 718/2007 for
management and control
B. IPA IR Article 11.3, Operational Agreement between PAO and SPOs.
Where specific persons have been given responsibility for an activity in
relation to the management, implementation and control of
programmes, the beneficiary country shall enable such persons to
exercise the duties associated with that responsibility, including in
cases where there is no hierarchical link between them and the bodies
participating in that activity.
CFCU - 22nd November 2011
3
WHY WE ARE DOING THESE?
WHAT IS THE LEGAL FRAMEWORK?
C. Template for Self-Assessment Sheets
D. PAO Analytical Report of SPO Self Assessment and Follow-Up on-thespot Assessment by PAO services under Article 11.3. and as input to
Article 27 Statement of Assurance by NAO.

In accordance with Article 25(5), the national authorising officer shall make an
annual management declaration, which shall take the form of a statement of
assurance to be presented to the Commission by 28 February each year. He shall
forward a copy of the statement of assurance to the competent accrediting
officer.

The statement of assurance shall be based on the national authorising officer's
actual supervision of the management and control systems throughout the
financial year.
CFCU - 22nd November 2011
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WHY WE ARE DOING THESE?
WHAT IS THE LEGAL FRAMEWORK?
E. Senior Programme Officer (SPO) – Clarity of function
Pursuant to article 75(3) of the IPA IR, PAO shall designate officials within the national
administration as SPOs.
Under the overall responsibility of the PAO concerned, SPOs shall carry out the
following tasks:

be responsible for the technical aspect of the operations within line ministries,
assist the PAO in the good and timely preparation and implementation of
operations at technical level,

be in charge of the coordination within each priority axis set down in the
beneficiary country’s project proposal.

CFCU - 22nd November 2011
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Why do we supervise?
Operational Agreement PAO – SPO (OA), Article 4:
The PAO is accountable to the NAO not only for the direct work of
the CFCU but also for all the work of the SPO in respect of contracts
and payments for which EU funding is sought.

This accountability gives the PAO both the right and duty to
provide guidance on systems and control requirements to the SPOs –
and to exercise close supervisory monitoring over how the Line
Ministry operate.

CFCU - 22nd November 2011
6
PROGRAMME MANAGEMENT GUIDELINES

PIM - Programme Implementation Manual
“Program Uygulama El Kitabı”

POG - Programme Operational Guide
“Program Yürütme Rehberi”
SPO Webpage
http://www.cfcu.gov.tr/spo.php?lng=en

Previous Presentations:
http://www.cfcu.gov.tr/spo.php?action=sunu

CFCU - 22nd November 2011
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DIS/IPA Actors









Competent Acrediting Officer (CAO)
National IPA Coordinator (NIPAC)
Financial Co-operation Committee (FCC)
National Fund (NF)
National Authorising Officer (NAO)
Central Finance and Contracts Unit (CFCU)
Programme Authorising Officer (PAO)
Senior Programme Officers (SPO)
Transition Assistance and Institution Building
Committee (TAIB Committee)
CFCU - 22nd November 2011
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DIS/IPA Actors
PRIME MINISTRY’S IPA CIRCULAR NO. 2011/15
Yetkili Akreditasyon Görevlisi (CAO):
Yetkili Akreditasyon Görevlisi, Hazine Müsteşarlığından sorumlu
Bakandır. Yetkili Akreditasyon Görevlisinin sekretarya
hizmetleri Hazine Müsteşarlığı tarafından yürütülür.

Ulusal Katılım Öncesi Yardım Koordinatörü (NIPAC):
Katılım Öncesi Yardımın genel koordinasyonunu sağlamak üzere
Ulusal Katılım Öncesi Yardım Koordinatörü olarak Avrupa
Birliği Bakanlığı Müsteşarı görevlendirilmiştir. Ulusal Katılım
Öncesi Yardım Koordinatörünün sekretarya hizmetleri Avrupa
Birliği Bakanlığı tarafından yürütülür.

CFCU - 22nd November 2011
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DIS/IPA Actors
PRIME MINISTRY’S IPA CIRCULAR NO. 2011/15
Ulusal Yetkilendirme Görevlisi (NAO):
Ulusal Yetkilendirme Görevlisi olarak Hazine Müsteşarı
görevlendirilmiştir. Avrupa Birliğinden sağlanacak fonların
mali yönetimi, işlemlerin mevzuata uygunluğu ile yönetim ve
kontrol sistemlerinin etkin işlemesinden sorumludur.

Ulusal Fon:
Hazine Müsteşarlığı bünyesinde bulunan Ulusal Fon, Ulusal
Yetkilendirme Görevlisinin sorumluluğu altında, Katılım
Öncesi Yardım Aracı çerçevesinde sağlanacak yardımların mali
yönetimi ile görevlidir.

CFCU - 22nd November 2011
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DIS/IPA Actors
PRIME MINISTRY’S IPA CIRCULAR NO. 2011/15
Ulusal Yetkilendirme Görevlisi Destek Dairesi:
Hazine Müsteşarlığı bünyesinde bulunan UYG
Destek Dairesi, Ulusal Yetkilendirme Görevlisinin
sorumluluğu altında Katılım Öncesi Yardım Aracı
çerçevesinde oluşturulan sistemin izlenmesi ile
görevlidir.
CFCU - 22nd November 2011
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DIS/IPA Actors
PRIME MINISTRY’S IPA CIRCULAR NO. 2011/15
Kıdemli Program Görevlisi (SPO):
Katılım Öncesi Yardım Aracının 1. Bileşeniyle ilgili olarak
Program Yetkilendirme Görevlisinin genel sorumluluğu
altında, projelerin teknik uygulamasından sorumlu olan
yararlanıcı kuruluşlarda görevli personeldir.
SPO, proje hakkında yeterli bilgiye ve icra yetkisine
sahip, uygun düzeyde yöneticiler arasından belirlenir.
CFCU - 22nd November 2011
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CRITICAL ISSUES FOR A SMOOTH
TENDERING OF A PROJECT (1)
Under the overall responsibility of the PAO, SPO shall perform
the following tasks:

Timely preparation of tender documents

Submission of high quality tender documents

Be aware of the time restraint due to the scheduled
procedure in PRAG

Constitution of a Project Coordination Unit
composed of the technical staff in charge with the projects
CFCU - 22nd November 2011
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CRITICAL ISSUES FOR A SMOOTH
TENDERING OF A PROJECT (2)

Availability of the relevant staff from Beneficiary during the
«tendering» period

Proposing appropriate voting members in Evaluation
Committees and in Shortlist Panels (with properly filled
checklist by the SPO)

No hierarchical link among the Evaluation Committee
members with declaration of the SPO

Responsibility of the Evaluation Committee to attend the
tender evaluation (no assignment at home or abroad)
CFCU - 22nd November 2011
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CRITICAL ISSUES FOR A SMOOTH
TENDERING OF A PROJECT (3)

Preparation of an updated Technical Specifications and Market
Survey in order to avoid any inconveniences during the
tendering

In need of “external expertise” in preparing the
technical documents, “Project Preparation Facility-PPF” is
available under the “Strengthening European Integration
Process- SEI” Programme for such needs

Communicate with the Ministry of EU Affairs, leading
beneficiary organization of the SEI
CFCU - 22nd November 2011
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Time Schedule for Service Tenders
Procedures last about 8-9 months
Contract Signature
Contract Award
Tender Launch 50 days
Receiving Initial Tender Documents
Procurement
Notice 30 days
Tender
Evaluation
Forecast 30 days
3 months
CFCU - 22nd November 2011
Short
listing
6 months
18
Time Schedule for Supply Tenders
Procedures last about 5-6 months
Contract Signature
Contract Award
Tender Launch 60 days
Receiving Initial Tender Documents
Forecast 30 days
Tender
Evaluation
3 months
CFCU - 22nd November 2011
6 months
19
Information for «Clarification» Period of
Tenders
Deadline for request for any clarifications from the Contracting
Authority:
21 days before deadline for tenders

Last date on which clarifications are issued by the
Contracting Authority:
11 days before deadline for tenders


Postponement of tender in delays of the publication/receiving
of Clarifications
CFCU - 22nd November 2011
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CALENDAR FOR 2009&2010 NATIONAL
PROGRAMMES
Deadlines for 2009 IPA-I Projects
Document
Deadlines
Contracting Deadline
13 December 2012
Execution Deadline
13 December 2014
Deadlines for 2010 IPA-I Projects
Document
Deadlines
Contracting Deadline
13 April 2013
Execution Deadline
13 April 2015
CFCU - 22nd November 2011
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Financial Management:
Why do we Supervise? (1)
Operational Agreement, Article 6, Responsibilities of the SPOs:
Technical implementation of EU funded projects except the projects of Grant
Beneficiaries:

o
Approval of the reports of contractors (“read and approved”)
o
Ensuring that the provisional and final acceptances are properly made (“read
and approved”),
o
Approval of experts’ timesheets (“read and approved”),
o
Approval of technical documents and payments requests/invoices prior to
financial check and payment by CFCU (“read and approved”).
CFCU - 22nd November 2011
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Financial Management:
Why do we Supervise? (2)
Operational Agreement, Article 13, Payments:
Payments shall be made by the CFCU to the contractors
in accordance with the EC procedures after technical
verification by the SPO
 of the technical documents and,
 payment requests/invoices
prior to financial check and payment by CFCU according
to contractual provisions.
CFCU - 22nd November 2011
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Upcoming Revisions in PMG and Check
Lists (1)

Program Management Guidelines (PMG) for the SPOs will be
improved in order to clarify the provisional and final
acceptances in accordance with the written procedures

Serial numbers of the goods will be listed and annexed to the
«Muayene ve Kabul Tutanağı»

«Muayene Kabul Tutanağı» will be formed in dual language
(EN/TR)
CFCU - 22nd November 2011
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Upcoming Revisions in PMG and Check
Lists (2)



Check points will be added to the SPO checklists regarding the
“second hand equipment”
For service and framework contracts, timesheets and list of
incidental expenditures will be sent to SPOs for Read and
Approved
For supply and works contracts, the copy of the “Certificate of
Origin”documents will be sent to SPOs for Read and Approved
CFCU - 22nd November 2011
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Focus on «Eligiblity» Matters




Check lists should be properly filled;
o Partly filled SPO checklists puts the eligibility of the items
into question in the eyes of auditors
The SPOs are requested to check the Certificates of Origin and
cross-check the information in the certificates against the
physical supplies
“Read and Approved” stamped copies of the invoices should
be signed by the SPO and a second person authorised (dual
signature)
If requested, extra guidance will be provided by the Finance
Department of the CFCU on filling of checklists
CFCU - 22nd November 2011
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Payment with SPO «Read and
Approved»
All the payments necessitate SPO «Read and Approved»:
CFCU has 45-day contractual period after receiving a request for
payment/invoice to realize payment to contractor.
CFCU
allocates 15 days of this period to the SPO while keeping one month
for its own internal verifications.
In
exceptional situations, if read and approved received before the 45th
day, payment is made under normal circumstances.
no feedback received not later than 44th day, in order to prevent interest
requests of the contractors, payment is made with a reminder to the SPO.
If
CFCU - 22nd November 2011
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Other Obligations of the SPOs (1)
Operational Agreement, Article 9, Co-Financing
Requirements:
Where co-financing is foreseen for any project, the SPO
shall be responsible for ensuring the commitment of
the National Contribution from the appropriate
Ministry or Government Body
CFCU - 22nd November 2011
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Other Obligations of the SPOs (2)
Operational Agreement, Article 10, Transfer of Funds:
 To enable the CFCU to formally request funds from the National Fund the
SPO shall fill the Progress and Monitoring Reports (PMR)
PMRs are on a quarterly basis through electronic media developed by the
CFCU

PMRs should be finalised no later than the 5th working day of the
following month of each quarterly period

(i.e. the PMRs for 1st Quarter 2011 - January-February-March 2011- to be
filled till 5 April 2011), as stipulated in Article 16, paragraph 2.
CFCU - 22nd November 2011
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Project Monitoring
PROGRESS AND MONITORING
REPORTS (PMRs) – QUARTERLY BASIS
PROGRESS
REPORTS submitted
to CFCU on
MONTHLY BASIS
CFCU - 22nd November 2011
MONITORING
REPORTS submitted
to MEU (former
EUSG) BIANNUALLY
30
New PMRs via
Electronic Media (1)

No hardcopies/signatures

Preparation / circulation via electronic
media. https://progress.cfcu.gov.tr/
CFCU - 22nd November 2011
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New PMRs via
Electronic Media (2)
This allows you to reach
the system at any time
and prepare the PMRs
from anywhere
CFCU - 22nd November 2011
32
Workflow in PMR
ACTORS
ACTIONS
Beneficiary
Prepare / Revise / Approve
MEU
Approve / Reject with comments
CFCU
Approve / Reject with comments
EU Delegation
Preview / Comment via e-mail
National Fund
Preview / Comment via e-mail
CFCU - 22nd November 2011
33
Workflow in PMR
SPOs
Approves
MEU
Approves
CFCU
Approves & Visible to All Parties
NF
EUD
CFCU - 22nd November 2011
MEU
SPOs
34
Importance of PMRs
PMRs are attached to the «Request for
Funds» from the EU Commission
If any PMR of any Project is missing/low
quality  The risk of suspension of Funds
CFCU - 22nd November 2011
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Frequently Made Mistakes (1)
User Name and Password – “Forget
Password”
 Delete/Record same users more than once
 Replacement of Personnel

o
o
“SPO” and “SPO Admin” CFCU
“SPO Prepare”, “SPO Prepare and Approve” and
“Read Only” SPO Admin
CFCU - 22nd November 2011
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Frequently Made Mistakes (1-a)
Forget Password
CFCU - 22nd November 2011
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Frequently Made Mistakes (1-b)
Record Users
CFCU - 22nd November 2011
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Frequently Made Mistakes (1-b)
Record Users
CFCU - 22nd November 2011
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Frequently Made Mistakes (1-b)
Assign Users
CFCU - 22nd November 2011
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Frequently Made Mistakes (2)

Display of
Approve)
o
o

Buttons
(Save-Close-Preview-
Who is in the queue can view Save-Approve
button.
Everyone can view Close-Preview buttons in every
stage
Trying to revise PMR after approval (but not
possible)
CFCU - 22nd November 2011
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Frequently Made Mistakes (2-a)
Display of Buttons
SPO PREPARE
SPO PREPARE and
APPROVE (SPO P&A)
SPO
(after SPO P&A Approval)
CFCU - 22nd November 2011
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Frequently Made Mistakes (3)

Using of the filters – Selecting the right PMR year
and Quarter
CFCU - 22nd November 2011
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Frequently Made Mistakes (4)

Confusing User Roles (SPO, SPO Prepare and
Approve, SPO Prepare, SPO Read Only)

PMR web address  not http; https

Screen resolution - PMR system works with best
resolution 1280X768
CFCU - 22nd November 2011
44
SUPPLY
Provisional Acceptance
Special Conditions, Art.13
Delivery,
installation, putting into operation, inspection and testing must be
completed (see Annex II, Article 1.4).
Inspection
and testing shall be completed after the supplies have been
physically delivered, installed and put into operation. Inspection and testing will
be completed before training starts.
Training
shall be organised after the inspection and testing are completed (see
Annex II, Article 1.3).
Provisional
acceptance shall take place after the request of the contractor
within the period stipulated in the Contract following completion of delivery,
installation, putting into operation, inspection, testing and training.
CFCU - 22nd November 2011
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SUPPLY
Provisional Acceptance
Special Conditions, Art.31)
The
Contractor informs the CFCU in writing on being ready for the
provisional acceptance.
CFCU
writes a letter to the Beneficiary including the template documents
with some guidance for starting the provisional acceptance study.
The
Beneficiary performs the study and signs Provisional Acceptance
Certificate and «Muayene Kabul Tutanağı» together with the Contractor and
sends the documents to the CFCU / Rejects the provisional acceptance study
and inform the CFCU in writing.
CFCU - 22nd November 2011
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SUPPLY
Provisional Acceptance

Special Conditions, Art.31

After receiving these documents, CFCU realizes a «Monitoring Visit» to
delivery place(s) in order to identify the correctness of the information
provided in the Provisional Acceptance Certificate without prejudice to
the technical responsibility of SPO (availability of the supplies in delivery
place, brand and model name of the products, serial numbers, origin of
the supplies, visibility rules etc.)

CFCU endorses the Provisional Acceptance Certificate, if there is no
inconformity with the Contract.

Warranty Period (Art. 32) starts on the date of signature of the
Provisional Acceptance Certificate by the PAO.
CFCU - 22nd November 2011
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SUPPLY
Provisional Acceptance Committee

Committee should be composed of minimum 3 people

Committee members should be assigned carefully by
choosing «qualified people» in technical and language
aspects

Moreover, the Committee members are required to behave
objectively and should check the compliance of the goods
with the specifications of the contract not with their
individual expectations
CFCU - 22nd November 2011
48
SUPPLY
«Technical Documents» to be provided
during the Provisional Acceptance Period
The equipment shall have all necessary documents as specified
in Art. 1.5 of Technical Specfications such as;
Operating and maintenance manuals
 Drawings
 Material certificates
 Conformity certificates
 Test certificates
 Certificates of Origin (to the CFCU)
 Planning, packing lists
 Others specified

CFCU - 22nd November 2011
49
SUPPLY
«Obligatory documents» for the provisional
acceptance
Original certificate of origin
by Chamber of Commerce (for all equipment)
 Warranty documents of the manufacturers
and/or the suppliers (for all equipment)
(see Art.32 of Special Conditions)


Others
CFCU - 22nd November 2011
to the CFCU
to the Beneficiary
50
SUPPLY
Frequently Made Mistakes during
Provisional Acceptance Process

Provisional Acceptance Certificate (PAC) shall not be
considered as «Provisional» in deed  Becomes the
property of the Beneficiary

PAC can not be issued;
o Before all the requirements in the Contract are
completed by the Contractor (delivery, installation, put
into operation, training etc.)
o If the equipment is still packed and not installed
o If any change in brand/model name of equipment
without CFCU approval
CFCU - 22nd November 2011
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SUPPLY
Packed Equipment – Wrong Practice
CFCU - 22nd November 2011
52
SUPPLY
Visibility
(Technical Specifications, Art. 2)
All equipment shall have a solidly fixed and durable label, size 75 mm x 35 mm, as appropriate for each
equipment, with the standard EU logo as below:
National programme for Turkey 2007 under the IPA-Transition Assistance and Institution Building
Component
EuropeAid/126827/D/SUP/TR
Lot No
:
Item No
:
Serial No
:
%75 Avrupa Birliği Katkısı, %25 Ulusal Katkı ile alınmıştır
CFCU - 22nd November 2011
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Supply Contracts
(best samples)
CFCU - 22nd November 2011
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Supply Contracts
(Wrong Samples)
Use of weak paper stickers should be avoided.
CFCU - 22nd November 2011
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Service Contracts
- Notepad
- Name Tag
- CD Cover
CFCU - 22nd November 2011
56
SUPPLY
Packed Equipment – Wrong Sample
CFCU - 22nd November 2011
57
SUPPLY/WORKS
Visibility Plaque
CFCU - 22nd November 2011
58
SUPPLY
Attachments of the Provisional Acceptance
Certificate
Followings should be submitted to the CFCU with the
Certificate;

Provisional Acceptance Certificate (3 originals)

Muayene ve Kabul Tutanağı (2 originals)

Technical Specifications checked by the Committee

Training Documents/Records (in accordance with Annex II, Article 1.3)
List of serial numbers of each equipment, if applicable, by the delivery
places

CFCU - 22nd November 2011
59
WORKS
Provisional Acceptance/Taking-over Procedure
(1)
Provisional Acceptance/Taking Over will be done in line with
Special/Particular conditions and General Conditions of the Contract.

PRAG type contract (please refer to Article 60)

FIDIC type contract (please refer to Article 10)
Taking Over/Provisional Acceptance shall take place within 30
days/28 days after the request of the Contractor.
CFCU - 22nd November 2011
60
WORKS
Provisional Acceptance/Taking-over Procedure
(2)

The Contractor may apply, by notifying the Supervisor/Engineer, for a
certificate of provisional acceptance not earlier than 15 days (for
PRAG)/14 days (for FIDIC) before the works are, in the Contractor's
opinion, complete and ready for provisional acceptance.

The Supervisor/Engineer shall within 30 days (for PRAG) / 28 days (for
FIDIC) of receipt of the Contractor's application either:
a)
writes a letter (declaration) to the CFCU that all the works are going to finish
within the contract duration and site is ready for the provisional
acceptance/taking over or,
a)
rejects the application, giving his reasons and specifying the action which, in
his opinion, is required of the Contractor for the certificate to be issued.
CFCU - 22nd November 2011
61
WORKS
Provisional Acceptance/Taking-over Procedure
(3)

CFCU writes a letter to the Beneficiary in order to establish a Provisional
Acceptance/Observation Team to implement the provisional
acceptance/ taking over of works, after receiving the notice of the
Supervisor/Engineer.

The Committee, signs a «Memorandum» after completion of the
provisional acceptance/taking over that either:
i.
works are completed according to the declaration of the
Supervisor/Engineer and their inspection and signs the
Memorandum or
i.
fixes a verification date for the «outstanding works»
CFCU - 22nd November 2011
62
WORKS
Provisional Acceptance/Taking-over Procedure
(4)

In case of (ii), maximum 30 days (for PRAG) / 28 days (for FIDIC) is given to the contractor
to finalise the outstanding/faulty works and within this 30 days/28 days the Contractor
writes a letter to the Supervisor that all the outstanding/faulty works are completed and
ready for inspection

After verification of the works another Memorandum is held by the acceptance committee
members that all the outstanding/faulty works are completed / corrected as per design
and specifications.

The Supervisor/Engineer prepares the Provisional Acceptance/Taking Over Certificate and
sends the Certificate with the signed Memorandum to the CFCU with a letter stating the
provisional acceptance/taking over of the works was completed

CFCU, endorses the Provisional Acceptance/Taking Over Certificate after performing all
regular checks
CFCU - 22nd November 2011
63
WORKS
Provisional Acceptance/Taking-over Committee

The Taking Over/Provisional Acceptance shall be executed by the
Supervisor/Engineer.

Representatives of SPO shall attend Taking Over process as
observer(s)/member(s).

The observer(s)/member(s) of SPO should be assigned carefully by
choosing «qualified people» in technical and language aspects
and they should also be familiar with the procurement
procedures.

The Committee should be composed of minimum 3 people
CFCU - 22nd November 2011
64
SUPPLY
Final Acceptance
(General Conditions, Art. 34)
The final acceptance certificate shall be issued;
by
the «Project Manager» (PAO)
within
30 days of the expiry of the warranty period or
as
soon as any repairs ordered under Article 32 have been
completed to the satisfaction of the Project Manager.
CFCU - 22nd November 2011
65
SUPPLY
Final Acceptance Procedure
(General Conditions, Art.34)
Upon expiry of the warranty period or, where there is more than one such
period (in case of partial acceptance ), upon expiry of the latest period, and
when all defects or damage have been rectified;
 The Contractor informs the CFCU in writing on being ready for the final
acceptance.
 CFCU writes a letter to the Beneficiary for starting the final acceptance
study and sends the template documents.
 The Beneficiary performs the study and signs the Final Acceptance
Certificate together with the Contractor in 3 originals and sends to the CFCU.
 CFCU issues the Final Acceptance Certificate and sends one original to the
Beneficiary, one original to the Contractor.
CFCU - 22nd November 2011
66
SUPPLY
Final Acceptance
(General Conditions, Art. 34)
The subject of final acceptance certificate;
The
defects/damages occurred during the warranty period (1
year following the issuance of provisional acceptance
certificate)
Not
making up the deficiencies
After Warranty Period is over The Beneficiary is responsible
for remedying any defect/damage
CFCU - 22nd November 2011
67
WORKS
Final Acceptance Procedure (1)
Final Acceptance will be done in line with Special/Particular
conditions and General Conditions of the Contract.
PRAG type contract (refer to Article 62)
 FIDIC type contract (refer to Article 11)

Final Acceptance shall take place within 30 days/28 days after
the request of the Contractor
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WORKS
Final Acceptance Procedure (2)

Upon expiry of the maintenance period or, where there is more than one such period,
upon expiry of the last period, and when all defects or damage have been rectified,
the CFCU writes a letter to the Beneficiary that maintenance/defects notification
period was finalised and Final Acceptance Team need to be established for the Final
Acceptance of the works

Final Acceptance Committee gather together with the Supervisor/Engineer and
Contractor (if participates) and holds the acceptance of works

After completion of the final acceptance, the committee signs a Memorandum that
either:
i. works are completed according to the declaration of the
Supervisor/Engineer and their inspection and signs the Memorandum or
ii. fixes a verification date for the defected works
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WORKS
Final Acceptance Procedure (3)

In case of (ii), verification of the works by the Final Acceptance with a view to final
acceptance shall take place in the presence of the Contractor. The absence of the
Contractor shall not be a bar to verification, provided that the Contractor has been
summoned in due form at least 30 days (for PRAG)/ 28 days (for FIDIC) prior to the date
of verification.

After verification of the works another Memorandum is held by the committee
members that all the outstanding/faulty works are completed / corrected as per design
and specifications

The Supervisor/Engineer sends the signed Final Acceptance/Performance Certificate to
the CFCU with the attachment of Final Acceptance Memorandum with a letter stating
the final acceptance of the works was completed.

CFCU endorses the Final Acceptance Certificate after performing all regular checks and
sends one original to the Beneficiary, one original to the Contractor.
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WORKS
Final Acceptance Committee

The Final Acceptance shall be executed by the Supervisor/Engineer.

Representatives of SPO shall attend Final Acceptance process as an
observer(s)/member(s).

The observer(s)/member(s) of SPO should be assigned carefully by
choosing «qualified people» in technical and language aspects and they
should also be familiar with the procurement procedures.

The Committee should be composed of minimum 3 people
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SERVICE CONTRACTS
Timesheets (1)
What is timesheet?
 Legal Basis
 Contract Types
 Procedure to be followed
 Weekend, home-based workings

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SERVICE
Timesheets (2)

Indicates the working days of the experts
(both KE and NKE) on a timely basis

Indicates the per diems that experts deserved

Provides the basis for interim payment to the
Consultant, hence, the experts
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SERVICE
Timesheets (3)

Invoices must be accompanied by copies of
the corresponding approved timesheets to
verify the amount invoiced for the time input
of the experts.

Timesheets should be approved by the SPO or
his delegate in line with the responsibilities
defined in the «Operational Agreement»
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SERVICE
Timesheets (4)

Timesheets are signed in following contracts.
Direct Grant

Twinning (for RTA Assistants)

Service
- Technical Assistance
- Supervision
- Framework
- Direct Agreement

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SERVICE
Timesheets (5)



Timesheets are submitted for approval of the SPO at
the end of the month (not before the month ends)
No need for sending timesheets to the CFCU by the
SPO
Approved timesheets are submitted by the
Consultant to the CFCU as an internal part of
financial annex during interim/final payment
requests
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IRREGULARITY
Irregularity shall mean;
any infringement of a provision of applicable rules
and contracts
resulting from an act or an omission
by an economic operator
which has, or would have, the effect of prejudicing
the general budget of the European Union
by charging an unjustified item of expenditure to the
general budget.
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FRAUD
Fraud shall mean;
any intentional act or omission relating to:
the use or presentation of false, incorrect or incomplete
statements or documents,
which has as its effect the misappropriation or wrongful
retention of funds from the general budget of the European
Communities or budgets managed by, or on behalf of, the
European Communities;
non disclosure of information in violation of a specific
obligation with the same effect;
the misapplication of such funds for purposes other than those
for which they are originally granted.
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TYPES OF IRREGULARITY
Technical
 Contractual
 Financial
 Administrative

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Any of those irregularity
can be intentional or
unintentional and their
nature may be systemic or
one-off
79
UTMOST REPORTED
IRREGULARITY TYPES













207- Request for aid incorrect or incomplete
213- Falsified supporting document
214- False or falsified certificates
325- Non eligible expenditure
499- Other irregularities by the operator
607- Absence of the evidence required
611- Several requests for the same object
612- Failure to respect other regulations/contract conditions
614- Infringement of rules concerning public procurement
810- Action not implemented
811- Action not completed
812- Action not carried out in accordance with rules
831- Over financing
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SOURCES OF IRREGULARITIES*





Disclosure of information that affect the principle of
open and fair competition
Hidden a conflict of interest
Collusion with a tenderer
Inappropriate use of equipment/material supplied
Submission of provisional/final acceptance of goods
report false or incorrect information in relation
quantities and TS
*PIM 8.3
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Why do we report?
Commission Regulation 718/2007 (IPA Implementing
Regulation Article 19)


Accreditation Criteria- Annex to 718/2007

IPA Framework Agreement (Article 28)

Commission Regulation 1828/2006 (Article 28/1)

Financing Agreements (available at CFCU website):
http://www.cfcu.gov.tr/spo.php?lng=en
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Why do you report?
Operational Agreement

Article 6- Responsibilities of the Senior Programme Officers
The immediate reporting of any determined/suspicious irregularity to the CFCU
and, where non detected, the preparation and submission of a quarterly “Zero”
Irregularity Report to the CFCU,
Article 16 (2) Reporting
Immediate information on any determined/suspicious irregularities that may have
occurred or, if none then, the submission of a “Zero” Irregularity Report (Annex
4) on a quarterly basis by the 5th working day of the following month of each
quarterly period.


Annex 1- Declaration of the Senior Programme Officer (6)
to submit quarterly irregularity reports to the CFCU in accordance with the forms
forwarded by the CFCU
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When do you report? (1)
Immediate Reporting*:
As the «Irregularity Officer», SPO should report all the
irregularities detected within the SPO office or by the SPO
and reported irregularities by the line ministry
immediately to the PAO (CFCU) by using the standard
form.
All the documents certifying that irregularity was committed should be annexed
to the irregularity report.
*Follow-up reports: Information on important changes resulting from the
instituted procedures with respect to irregularities previously notified should be
reported until the irregularity is resolved by using the standard form.
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84
When do you report? (2)
Zero Irregularity Report:
If
there is not a specific irregularity reported in a
quarter, not only from the SPOs but also from own
activities and LMs activities regarding the projects in
the FAs,
the Zero Irregularity Report, prepared by SPO should
be submitted to the PAO by the 5th working day of
the month following the end of each quarter by using
the standard form.
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85
How do we report? (1)
WORKING DOCUMENTS
AND GUIDELINES of
OLAF
&
AFIS
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86
How do we report? (2)
AFCOS
SPO
CFCU
NAO
OLAF
EUD
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87
How do we report? (3)

OLAF: EUROPEAN ANTI-FRAUD OFFICE

AFCOS: ANTI-FRAUD COORDINATION
STRUCTURE (Başbakanlık Teftiş Kurulu)
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88
How do you report?
Programme Management GuidelinesProgramme Implementation Manual (PIM)
8.6.Reporting Irregularities
 Operational AgreementAnnex 4- Template Irregularity Reports

-
QZIR
IRREGULARITY REPORT
Gülşad Yalpu: Irregularity Officer gulsad.yalpu@cfcu.gov.tr
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Other Responsibilities
PIM 8.4.1
The SPO, as the Irregularity Officer at the SPO Office level, will
inform staff and final beneficiaries about:
o Irregularities classification
o Preventive actions
o Reaction to irregularities and to omissions
 PIM 8.6.3
The Irregularity Officer should ensure that the irregularities
reported by the staff is registered to irregularity register and is
submitted to the PAO together with the measures taken by
SPO.

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THANK YOU
FOR YOUR ATTENTION
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