Procuring supplies at CERN Questionnaire – Risk Matrix) Presentation for EN FP-PI Structure and Procurement Responsibilities & Rules Anders Unnervik, Boi-Lan Lemoine 9 September 2014 Agenda 1. FP Structure & 2013 Statistics 2. Responsibility 3. Influences & Procedures 4. < 10 kCHF 5. 10 to 200 kCHF 6. > 200 kCHF 7. Procurement Strategy 8. Payment «In conclusion; our major contract expires tommorrow, we have no idea of what we want, and no knowledge of the market. It is time to pass this across to the procurement team…» 2 1 FP Structure & 2013 Procurement statistics “Bridge the gap between Means and Ends” Anders UNNERVIK Boi-Lan LEMOINE Accelerators and Technology Section (FP-PI-AT) Purchases of supplies exceeding 200 kCHF for the Accelerators and Technology Sector All purchases and price enquiries below 200 kCHF. Bjorn JENSSEN Ivo LOBMAIER Floris BONTHOND Adam HORRIDGE Sandrine MAGNAN Nordine AZIZI Sarah PAMELARD Dominique TROLLIET Arielle GAIDON Laurence MADINIER Lisa BELLINI-DEVICTOR Dante GREGORIO Cristina LARA Admin. and General Infrastructure Section (FP-PI-AG) Research and Computing Section (FP-PI-RC) Industrial Services Section (FP-PI-IS) Purchases of supplies exceeding 200 kCHF for the Admin. and General Infrastructure Sector and the CERN Pension Fund, including CERN's stores orders, insurance and civil engineering works contracts Purchases of supplies exceeding 200kCHF for the Research and Computing Sector and orders for computing , hotels and conferences Procurement of services exceeding 200kCHF Quality Assurance Service for the Procurement Service Laszlo ABEL Fatima NAJEH Hiba GERSTER Fleur ZROUNBA Sebastien SONNERAT Alexandra HAHNELBORGEAUD Stephanie BLANCHARD Sandra BENOIT-GODET Alexandre TABARY Emilia KWIATKOWSKA Anne MANSUY Pascal DROUX Aissa BOUBOU Gaelle BREUILLAUD 1. Close link between the procurement function and organizational objectives and strategies; 2. Unlike private sector where the focus is profit, CERN is accountable to the taxpayers of its member states whose money is being spent, including disappointed bidders and potential suppliers; 3. Procedures and practices have been put into place to stand up to the scrutiny of auditors and member states on purchasing decision made. Purchasing Supplies — Procurement Strategy CERN — 28/2/14 1.2 Procurement function @ CERN 5 1.3 Procurement objectives @ CERN • The Procurement and Industrial Services (FP-PI) Group procures all supplies and services for CERN, meeting the: • specified and contractual technical, • while achieving balanced industrial return for the CERN Member States. Purchasing Supplies — Procurement Strategy CERN — 28/2/14 delivery and performance requirements at the lowest possible overall cost, 6 1.4 What Supplies did we buy in 2013? EN 11.1% 12.3% GS 23.2% 17.0% TE BE IT 9.8% 352 Million CHF 10.4% PH 16.1% All others 1.5 What supplies did we buy for EN in 2013? Supplies for EN : 81 MCHF Design studies, 5,384,296 Miscellaneous, 6,574,015 Civil engineering buildings, 25,994,393 Particules detectors, 201,802 Vacuum and low-temperature technology, 1,455,720 Computer systems ans communications, 1,151,760 Electronics, 3,609,828 Electrical engineering and energy, 21,243,482 All amounts are in Swiss francs (MCHF) CERN — 28/5/14 Mechanical structures, 16,144,299 1.6 What services did we buy in 2013? 166 MCHF 3.2% 4.0% 3.5% GS 4.1% Temporary Labour contract, 5.2 TE 6.3% 34.4% work an minor work contracts, 47.3 EN BE IT 19.7% 24.8% DGS PH Maintenance contracts, 31.7 Services contracts, 82.1 All amounts are in Swiss francs (MCHF) CERN — 28/5/14 All others 1.7 What Services do we buy for EN ? Services for EN : 57 MCHF Temporary Labour contract, 926,788 Maintenance contracts, 17,824,231 All amounts are in Swiss francs (MCHF) Services contracts, 20,716,909 CERN — 28/5/14 work an minor work contracts, 17,745,611 Well and poorly balanced status for adjudication purposes for the period 1 March 2014 – 28 Feb 2015 Based on payments in 2010, 2011, 2012 and on payments and outstanding commitments for 2013 Austria Belgium Bulgaria Switzerland Czech Republic Germany Denmark Spain Finland France United Kingdom Greece Hungary Israel Italy Netherlands Norway Poland Portugal Romania Serbia Sweden Slovakia Supplies Industrial Services Return Coefficient Return Coefficient Target: 0.91 0.55 0.34 0.75 4.50 0.90 0.62 0.28 0.47 0.45 1.88 0.35 0.36 1.31 0.65 0.81 0.43 0.18 0.69 1.19 0.38 0.42 0.40 0.30 Target: 0.4 0.48 0.01 0.38 6.96 0.00 0.08 2.41 1.04 0.00 2.80 0.42 0.09 0.00 0.00 0.25 0.93 0.00 0.00 0.10 0.00 0.00 0.00 0.00 Sub-Total 0.91 Other States 0.09 Targets 0.91 CERN/FC/5806/RA CERN — 28/5/14 1.8 Industrial return status 0.40 11 from the lowest return to the highest Industrial Return Coefficient 2009-2012 return 2013 Coefficient 2010-2013 Norway 0.2 0.11 0.18 Denmark 0.16 0.58 0.28 Slovakia 0.32 0.31 0.3 Belgium 0.29 0.41 0.34 United Kingdom 0.34 0.33 0.35 Greece 0.38 0.25 0.36 Romania 0.34 0.44 0.38 Sweden 0.39 0.46 0.4 Serbia 0.06 0.61 0.42 Netherlands 0.44 0.42 0.43 Finland 0.5 0.31 0.45 Spain 0.31 0.86 Austria 0.51 0.52 0.47 0.55 Germany 0.58 0.72 0.62 Israel 0.72 0.6 0.65 Poland 0.76 0.46 0.69 Bulgaria 0.37 1.52 0.75 Italy 0.6 1.22 0.81 Czech Republic 1.13 0.46 0.9 Portugal 1.29 0.74 1.19 Hungary 0.86 2.17 1.31 France 2.05 1.52 1.88 Switzerland 4.88 4.57 4.5 CERN/FC/5806/RA CERN — 28/5/14 1.9 Industrial return supplies Return 12 2 Division of responsibilities in procurement @ CERN 2.1 Management Responsibilities (i) Management, Project Leaders/Coordinators: Understand CERN’s broader strategies and objectives; Identify procurement objectives & formulate strategy Determine critical success factors and KPI’s; Review the effectiveness of decisions and performance; Encourage continuous improvement of the procurement process. CERN — 28/2/14 Ensure cooperation between managers, technical and procurement staff by means of review committees ; 14 2.2 Technical Responsibilities (ii) Technical : Evaluate the need and specify requirements; Consult procurement staff Plan realistically Allow sufficient time for the procurement process; Avoid splitting requirements; Avoid over-specifying requirements; CERN — 28/2/14 Keep informed on market developments; Monitor contractor’s performance; Inform the procurement as soon as problems arise! Purchasing Supplies — Procurement Strategy 15 2.3 Procurement Responsibilities (1) CERN — 28/2/14 (iii) Procurement : Formulate and implement procurement strategies for each requirement in collaboration with the technical officers; Assist in the development and review of the technical specifications with technical officers; Purchasing Supplies — Procurement Strategy 16 2.4 Procurement Responsibilities (2) CERN — 28/2/14 (iii) Procurement : Draw up the tender forms, based on the technical specifications, formulate the basis of adjudication, prior to seeking offers; Ensure that bidding documents are clear, concise and consistent in collaboration with the technical officers. Purchasing Supplies — Procurement Strategy 17 2.5 Procurement Responsibilities (3) CERN — 28/2/14 (iii) Procurement : Negotiate favorable conditions with suppliers; Contract administration; Assist in the continuous improvement of the procurement process. Purchasing Supplies — Procurement Strategy 18 2.6 Fraud issues Fraud or perception of Fraud will have a negative impact on the organisation! Bid rigging - where suppliers collude with or without the knowledge of CERN Staff to control the tender process. Manipulation of specifications – where inadequate bid specifications in order to facilitate the selection of a favored bidder Corruption – where CERN staff leak helpful information to a favored bidder while withholding such information from other bidders. Do not pick up goods from the suppliers premises Do not ask firms to deliver supplies prior to the establishment of an order. Purchasing Supplies — Procurement Strategy CERN — 28/2/14 Reminder: 19 3 Influences & Procurement Procedures 3.1 Influences on Procurement Strategy 4. Cost 5. Non-cost factors 3. Supply market 6. Risks 2. Demand Strategy 7. Stakeholders CERN — 28/2/14 1. Objectives Purchasing Supplies — Procurement Strategy 21 3.2 Definition of Supply contracts: CERN — 15/08/11 Contracts for supplies of equipment including R&D contracts, machinery, magnets, electricity, telecommunications and insurance contracts as well as maintenance and leasing contracts covering data processing, printing and telecommunication equipment. Purchasing Supplies — Procurement Rules 22 3.3 a function of Price: CERN — 15/08/11 Procedure = ƒ( Price estimate ) Purchasing Supplies — Procurement Rules 23 CERN — 15/08/11 3.4 Thresholds: Purchasing Supplies — Procurement Rules 24 CERN — 15/08/11 3.5 Time: Purchasing Supplies — Procurement Rules 25 Requirements below 10’000 CHF Range: 0 CHF – 1000 CHF Range: 1’000 CHF – 5’000 CHF Range: 5’000 CHF – 10’000 CHF 4 ‘ Centrale d’Achat 10 kCHF’ Ms. Sarah Pamelard 0 CHF – 1’000 CHF Ms. Arielle GAIDON Ms. Laurence MADINIER 1’000 CHF – 5’000 CHF Ms. Dominique TROLLIET 5’000 CHF – 10’000 CHF (*) “ “ CERN — 15/08/11 Purchasing Supplies — Procurement Rules 27 6.2 Definitions COUNTRY OF ORIGIN : The country in which the supplies (including their components and sub-assemblies) are manufactured or undergo the last major transformation by the contractor or his sub-contractor(s). CERN PAYMENT TERMS: VALID SINGLE TENDER JUSTIFICATIONS: The compatibility with supplies already installed at CERN. No technical equivalence on the market. Purchasing Supplies — Procurement Rules CERN — 30/05/14 One month net from acceptance of the supplies by CERN and receipt of a correct invoice. 28 • • • • Only one written offer is necessary Orders are sent by fax If purchasing support is required please select ‘’no’’ in the field ‘’ automatic treatment” Regular controls are made by purchasing to insure no ‘multiple orders’ are made (salami tactic) Purchasing Supplies — Procurement Rules CERN — 30/05/14 6.3 Order value below 1k CHF (Automatic) 29 6.4 Saving Time & Increasing Efficiency • • • • • • • • Incorrect or missing information in supplier entry (especially wrong fax number) CERN General Terms & Conditions not accepted Advance payment requested If the country of origin not indicated it is defaulted to firm’s country Order does not have a value if price entered is ‘’Approx’’ Currency is incorrect For Swiss suppliers, an A/OI form needs to be prepared by procurement and will be sent to the firm’s commercial contact Invoices must be sent to accounts-payable@cern.ch Purchasing Supplies — Procurement Rules CERN — 30/05/14 CAUSES FOR DELAYS (Orders below 1k CHF) 30 6.5 Order Value between 1k CHF to 5k CHF One written offer is necessary • Simplified template available on FP site • Orders are sent by post CERN — 30/05/14 • Purchasing Supplies — Procurement Rules 31 6.6 Saving Time & Increasing Efficiency • • • • • • • • Supplier entry (not filled out or wrong supplier) Country of origin (not indicated or not explicit in supplier’s offer) Transport terms not indicated or not aligned with FCA or DAP, Incoterms 2010 CERN Suppliers request advance payments Information in EDH (DAI) does not match offer Only one line is created for several articles Data entered in EDH in French and English (mix) or inconsistent with language of offer (ENG/FRA) DAI received by FP from same user/group is for the same supplier and/or the same product Purchasing Supplies — Procurement Rules CERN — 30/05/14 CAUSES FOR DELAYS (Orders between 1k CHF and 5k CHF) 32 6.7 Range: 5k CHF – 10k CHF • At least 3 written bids to be sought • Simplified template available • If < 3 firms contacted single tender procedure • Handled by FP-PI’s “Centrale Achat 10K” • Firms from CERN’s Member States • If possible, firms from very poorly balanced Member States. Purchasing Supplies — Procurement Rules CERN — 30/05/14 Bids can be requested by Technical Officer provided CERN Procurement Rules are followed: 33 6.8 Saving Time & Increasing Efficiency Causes for Delay (5k CHF – 10k CHF) All the same as previous + • Incomplete justification attached CERN — 30/05/14 • Purchasing Supplies — Procurement Rules 34 Requirements ranging between 10k CHF and 200k CHF Range: 10k CHF – 50k CHF Range: 50k CHF – 200k CHF 5 ‘ Centrale Achat 200k CHF Ms. Sandrine MAGNAN Mr. Nordine AZIZI Mr. Adam HORRIDGE CERN — 15/08/11 Purchasing Supplies — Procurement Rules 36 5.2 Price enquiry documents in English 3 to 5 firms will be contacted Annexes may include: • • • Technical drawings Description & Quantities Estimate (DQE) “Working on the CERN Site” (PSO/2011-001/Rev.5) Purchasing Supplies — Procurement Rules CERN — 30/05/14 • • • Range: 10k CHF – 200k CHF 37 Range: 10k CHF – 200k CHF 5.3 Adjudication Lowest Compliant Bid • • complies with • the technical requirements • the financial requirements • the delivery requirements And is the lowest cost Purchasing Supplies — Procurement Rules CERN — 30/05/14 i.e. to the firm whose bid 38 Range: 10k CHF – 200k CHF 5.4 Adjudication Price based on Free Carrier basis (FCA as per Incoterms 2010), i.e.: Without transport costs With packing and loading No disadvantage to firms located in distant countries Purchasing Supplies — Procurement Rules CERN — 30/05/14 • • 39 Range: 10k CHF – 200k CHF 5.5 Adjudication CERN — 30/05/14 However, Supply contracts shall be adjudicated on a DAP basis (Delivered at Place as per Incoterms 2010) if the ratio of DAP price of the lowest FCA bid to the lowest DAP bid exceeds 1.10. Purchasing Supplies — Procurement Rules 40 Range: 10k CHF – 200k CHF 5.6 Adjudication Supply contracts exceeding 100kCHF shall be subject to the alignment rule: • from well balanced Member State and if first lowest bid compliant is from poorly balanced Member State is < 20% and if it aligns with cheapest bid this bidder gets the contract Purchasing Supplies — Procurement Rules CERN — 30/05/14 2 possibilities, if lowest bid compliant is • from poorly balanced Member State the bidder gets the contract 41 Range: 10k CHF – 200k CHF 5.7 Saving Time & Increasing Efficiency In case of a Price Enquiry (PE): Contact the purchasing officer to define the best strategy (in function with the estimated value; risks; critical path); Schedule enough time to prepare the final version of the technical specification document (including HSE review) in English; Draw up a list of potential suppliers bearing in mind “CERN industrial return”. Purchasing Supplies — Procurement Rules CERN — 30/05/14 Prepare a technical questionnaire for critical supplies; 42 Range: 10k CHF – 200k CHF 5.8 Saving Time & Increasing Efficiency • Why you need this supply/service ?(Project/Event) • What are the technical reasons to select such supplies/services? • Why is the supplier you have contacted the only capable to deliver such a supplies/services. • If you have undertaken a research with other suppliers, please provide the details – selection criteria, etc. Purchasing Supplies — Procurement Rules CERN — 30/05/14 In case of single tender, a justification memo attached to the DAI, explaining: 43 Range: 10k CHF – 200k CHF 5.9 Saving Time & Increasing Efficiency DO NOT: • Send a DAI with only 2 offers (minimum is three). Purchasing Supplies — Procurement Rules CERN — 30/05/14 • Send a DAI without justification in case of single tender; 44 Requirements exceeding 200k CHF Range: 200k CHF – 750k CHF Range: 750k CHF and above 6 >750k CHF Mr. Bjorn JENSSEN (Backup Mr. Ivo LOBMAIER) 200k CHF up to > 750k CHF Mr. Bjorn JENSSEN (BACKUP Mr. Floris BONTHOND) CERN — 15/08/11 Purchasing Supplies — Procurement Rules 46 Range: exceeding 200k CHF 4.2 Market Survey (Sourcing of Firms) • Departmental Request (DR) • Start-up Meeting (Strategy & Planning) • Publication on FP web page • MS Documents (Technical Description; Technical Questionnaire; Qualification Criteria) (Specification Committee) • Sourcing of Firms (Technical Officer; Procurement Officer; DB; EOI; ILOs) Purchasing Supplies — Procurement Rules CERN — 30/05/14 • Technical Auditing of Documents 47 Range: exceeding 200k CHF 4.3 Invitation to Tender IT Further to Market Survey • IT Documents drafted by Technical (Technical Specification – Drawings – Questionnaire – and Procurement (Tender Form) • • EN/MEF – IT documents reviewed and MS results presented IT process (Issuance, Bidders conference, clarifications) Electronic Bidding tool (receipt of bids) Purchasing Supplies — Procurement Rules CERN — 30/05/14 • Technical prepares Risk Matrix for IT > 750k CHF • Specification Committee Meetings scheduled by 48 Communication of relevant information to bidders limited to: • Procurement Service (< 750k CHF) • A member of Directorate (≥ 750k CHF) Purchasing Supplies — Procurement Rules CERN — 30/05/14 Range: exceeding 200k CHF 4.4 IT Bid assessment Bids shall be examined to establish that they comply with the technical, financial and delivery requirements in all respects 49 Range: exceeding 200k CHF 4.5 Adjudication • • • Complies with the technical, financial and delivery requirements And is the lowest cost Taking into account the origin of the offer in order to ensure balanced industrial return coefficients for the Member State Purchasing Supplies — Procurement Rules CERN — 30/05/14 Lowest Compliant Bid i.e. to the firm whose bid: 50 Range: exceeding 200k CHF 4.6 Adjudication Price based on Free Carrier basis (FCA as per Incoterms 2010), i.e.: Without transport costs With packing and loading No disadvantage to firms located in distant countries Purchasing Supplies — Procurement Rules CERN — 30/05/14 • • 51 Range: exceeding 200k CHF 4.7 Adjudication CERN — 30/05/14 However, Supply contracts shall be adjudicated on a DAP basis (Delivered at Place as per Incoterms 2010) if the ratio of DAP price of the lowest FCA bid to the lowest DAP bid exceeds 1.10. Purchasing Supplies — Procurement Rules 52 “The ratio between that Member State's percentage share of all purchases of supplies (excluding purchases funded by non-Member States) during the preceding four calendar years and that State's percentage contribution to the Budget over the same period.” Purchasing Supplies — Procurement Rules CERN — 30/05/14 Range: exceeding 200k CHF 4.8 Industrial Return Coefficient For Supply contracts and for a 12-month period starting on 1st March, defined as: 53 Range: exceeding 200k CHF 4.9 Industrial Return Coefficient for Supplies For period 1 March 2014 – 28 Feb. 2015: CERN — 30/05/14 • Poorly balanced < 0.91 • Well balanced ≥ 0.91 Purchasing Supplies — Procurement Rules 54 Range: exceeding 200k CHF 4.10 Well balanced Member States For period 1 March 2014 – 28 Feb. 2015: France Hungary Portugal Switzerland CERN — 30/05/14 • • • • Purchasing Supplies — Procurement Rules 55 Range: exceeding 200k CHF 4.11 Origin of the Offer According to standards defined by EU: “the country(ies) where the supplies (including their components and sub-assemblies) are manufactured or undergo the last major transformation by the contactor or his subIf at least 60% of the total amount of the bid comes from a poorly balanced MS, then the whole bid will be treated as that from a bidder in a poorly balanced MS Purchasing Supplies — Procurement Rules CERN — 30/05/14 contractor” 56 Purchasing Supplies — Procurement Rules CERN — 15/08/11 Range: exceeding 200k CHF 4.12 Alignment Rule 2 possibilities, if lowest bid compliant is • from poorly balanced Member State the bidder gets the contract • from well balanced Member State and if first lowest bid compliant is from poorly balanced Member State is < 20% and if it aligns with the lowestt bid this bidder gets the contract 57 7 When should the Procurement Strategy be defined? 7.1 Strategic analysis 2. Rules & Procedures: Estimated amount Price enquiry, Invitation to tender, single-source? Sources of funding (CERN budget code, visiting team) FC approval? Service or Supply? BVFM or lowest compliant bidder? Urgency of requirement? Purchasing Supplies — Procurement Strategy CERN —28/2/14 1. Resources Make or buy? Availability of key staff 59 7.2 Strategic analysis Standard, Non-standard or Prototypes? Functional specification or Performance specification Build-to-Print specification CERN —28/2/14 Prototypes Purchasing Supplies — Procurement Strategy 60 7.3 Contract management lifecycle Selecting the procurement strategy Specifying the activity Drafting and issuing tender documents Evaluating the bids Monitoring of contract performance Purchasing Supplies — Procurement Strategy CERN — 28/2/14 Decision and implementation 61 CERN —28/2/14 7.4 When to start? Purchasing Supplies — Procurement Strategy 62 8 After the Order – Payments 8.1 After the order… 1. Logistics Service (GS-IS-LS) – for supplies • Customs clearance and formalities • Reception of goods by GS • Internal delivery either GS or EN 3. Treasury (FP-DI) • Makes payment (checks bank details) Purchasing Supplies — Procurement Strategy CERN — 30/05/14 2. Accounts Payable (FP-FAS-GPA) • Reception invoices • Control of invoices + clear for payment 64 8.2 Invoice Processing by Accounts Payable Delivery Acceptance EDH Manual Invoice Controllers ✓Technician Treasury « OK to pay » Yes Auto No « OK to pay » No Yes ✓ « OK to pay » Request validation technician (also budget holder/procurement in the case difference > 5%) Delivery Acceptance EDH For single orders per invoice Or Emails with attached invoices for multiple orders or complex contracts FP Department - FAS CERN — 30/05/14 Goods/Services Received ? Difference in amount between order and invoice? 8.3 How you can help timely and accurate payments 1. Invoices • Pass all invoices to Accounts Payable (or tell supplier to do so) 2. Questions • Direct all questions regarding payment to accounts.payable@cern.ch • If you Postpone a document, remember to validate it when goods received/tested Purchasing Supplies — Procurement Strategy CERN — 30/05/14 3. EDH Approval documents/emails requesting approval • Treat promptly and only say ‘YES’ if you have received the goods / services ordered and are satisfied 66 8.3 Beware EDH Approval documents/emails requesting approval • If you Reject an AL document, Accounts Payable have difficulties tracking the document and shall request details anyway once they are aware of your rejection so as to know what actions to take next (these can include requesting a credit note). AP shall be unable to use the EDH document further (technically there is a 1:1 ratio) so future correspondence on this order cannot be tracked through EDH. a. Indicate NO at the question b. Provide an explanation in the comments c. Then sign the EDH document. Purchasing Supplies — Procurement Strategy CERN — 30/05/14 • Instead of Rejecting the Invoice, indicate that you do not accept the supplies: 67 8.3 Exception for partial acceptance Procurement and Accounts Payable will then advise on the action that needs to be taken. Purchasing Supplies — Procurement Strategy CERN — 30/05/14 If you do not agree to pay the invoice amount in full contact the procurement officer, so that appropriate contract amendment or negotiation are undertaken. 68 8.4 Tools available for order and invoice tracking 2. CET (CERN Expenditure tracking) • In the Transactions by Cost Centre view, items appearing in the ‘Charged to Budget Code’ column have been treated by payment by Accounts Payable • It is possible to view the invoice related to items in ‘Charged to Budget Code’ if you include Document number in your column selection Purchasing Supplies — Procurement Strategy CERN — 30/05/14 1. EDH • At the bottom of the original order you can see the authorization status up to the point the invoice is received. • NB: “Invoice matched to order lines” only means the invoice is received, not that it is paid. 69 CERN — 30/05/14 8.4 Tools available - EDH Purchasing Supplies — Procurement Strategy 70 CERN — 30/05/14 8.4 Tools available - CET Purchasing Supplies — Procurement Strategy 71 CERN — 30/05/14 Questions Purchasing Supplies — Procurement Strategy 72