Procuring supplies at CERN Presentation for EN

Procuring supplies at CERNPresentation for ENFP-PI Structure and Procurement Responsibilities & Rules

Anders Unnervik, Boi-Lan Lemoine 9 September 2014

Questionnaire – Risk Matrix)

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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…»

1 FP Structure & 2013 Procurement statistics

“Bridge the gap between Means and Ends”

Bjorn JENSSENIvo LOBMAIER

Floris BONTHONDAdam HORRIDGE

Sandrine MAGNANNordine AZIZI

Sarah PAMELARDDominique TROLLIET

Arielle GAIDONLaurence MADINIER

Purchases of supplies exceeding 200 kCHF for the Accelerators

and Technology SectorAll purchases and

price enquiries below 200 kCHF.

Accelerators and Technology Section

(FP-PI-AT)

Boi-Lan LEMOINE Cristina LARA

Industrial Services Section (FP-PI-IS)

Research and Computing Section

(FP-PI-RC)

Admin. and General Infrastructure

Section (FP-PI-AG)

Procurement of services exceeding 200kCHFQuality Assurance

Service for the Procurement Service

Sebastien SONNERATAlexandra HAHNEL-

BORGEAUDStephanie BLANCHARDSandra BENOIT-GODET

Alexandre TABARYEmilia KWIATKOWSKA

Dante GREGORIO

Purchases of supplies exceeding 200kCHF for

the Research and Computing Sector and orders for computing , hotels and conferences

Laszlo ABELFatima NAJEHHiba GERSTER

Fleur ZROUNBA

Lisa BELLINI-DEVICTOR

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

Anne MANSUYPascal DROUXAissa BOUBOU

Gaelle BREUILLAUD

Anders UNNERVIK

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1.2 Procurement function @ CERN1. 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. C

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Purchasing Supplies — Procurement Strategy

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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,delivery and performance requirementsat the lowest possible overall cost,

• while achieving balanced industrial return for the CERN Member States.

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1.4 What Supplies did we buy in 2013?

352 Million CHF

23.2%

17.0%

16.1%10.4

%

9.8%

12.3%

11.1% ENGSTEBEITPHAll others

1.5 What supplies did we buy for EN in 2013?

All amounts are in Swiss francs (MCHF)

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Civil engineering buildings; 25,994,393

Electrical engineering and energy; 21,243,482 Electronics; 3,609,828

Computer systems ans communications;

1,151,760

Mechanical structures; 16,144,299

Vacuum and low-temperature technology; 1,455,720

Particules detectors; 201,802 Miscellaneous; 6,574,015

Design studies; 5,384,296

Supplies for EN : 81 MCHF

1.6 What services did we buy in 2013? 166 MCHF


Services for TE : 33 MCHF (2013)CERN — 28/5/14

Temporary Labour contract; 5.2

Services contracts;

82.1

Maintenance contracts;

31.7

work an mi-nor work

contracts; 47.3

34.4%

24.8%

19.7%

6.3%

4.1%

4.0% 3.5% 3.2%

ENGSTEBEITDGSPHAll others

1.7 What Services do we buy for EN ?


Services for TE : 33 MCHF (2013)

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Temporary Labour contract; 926,788 Services

contracts; 20,716,909

Maintenance contracts; 17,824,231

work an minor work con-

tracts; 17,745,611

Services for EN : 57 MCHF

CERN/FC/5806/RA 11

1.8 Industrial return status

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

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Supplies Industrial Services

Return Coefficient

Return Coefficient

Target: 0.91 Target: 0.4Austria 0.55 0.48Belgium 0.34 0.01Bulgaria 0.75 0.38Switzerland 4.50 6.96Czech Republic 0.90 0.00Germany 0.62 0.08Denmark 0.28 2.41Spain 0.47 1.04Finland 0.45 0.00France 1.88 2.80United Kingdom 0.35 0.42Greece 0.36 0.09Hungary 1.31 0.00Israel 0.65 0.00Italy 0.81 0.25Netherlands 0.43 0.93Norway 0.18 0.00Poland 0.69 0.00Portugal 1.19 0.10Romania 0.38 0.00Serbia 0.42 0.00Sweden 0.40 0.00Slovakia 0.30 0.00 Sub-Total 0.91 Other States 0.09 Targets 0.91 0.40

CERN/FC/5806/RA 12

1.9 Industrial return supplies

from the lowest return to the highest

Return Industrial Return

Coefficient return Coefficient

2009-2012 2013 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 0.47

Austria 0.51 0.52 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

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2 Division of responsibilities in procurement @ CERN

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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;

Ensure cooperation between managers, technical and procurement staff by means of review committees ;

Review the effectiveness

of decisions and performance;

Encourage continuous improvement of the procurement process. CE

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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;

Keep informed on market developments; Monitor contractor’s performance;

Inform the procurement as soon asproblems arise!

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2.3 Procurement Responsibilities (1)(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;

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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.

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Negotiate favorable conditions with suppliers;Contract administration;Assist in the continuous improvement of the procurement

process.

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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.

Reminder:Do not pick up goods from the suppliers premisesDo not ask firms to deliver supplies prior to the

establishment of an order.

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3 Influences & Procurement Procedures

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3.1 Influences on Procurement Strategy

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Strategy

5. Non-cost factors

4. Cost

6. Risks

7. Stakeholders

2. Demand

1. Objectives

3. Supply market

Purchasing Supplies — Procurement Rules 22

3.2 Definition of Supply contracts: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.

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Procedure = ƒ( Price estimate )

3.3 a function of Price:


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3.4 Thresholds:


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3.5 Time:

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Requirements below 10’000 CHF

Range: 0 CHF – 1000 CHF

Range: 1’000 CHF – 5’000 CHF

Range: 5’000 CHF – 10’000 CHF

‘ Centrale d’Achat 10 kCHF’

Ms. Sarah Pamelard 0 CHF – 1’000 CHF

Ms. Arielle GAIDON 1’000 CHF – 5’000 CHFMs. Laurence MADINIER “ “

Ms. Dominique TROLLIET 5’000 CHF – 10’000 CHF (*)


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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:

One month net from acceptance of the supplies by CERN and receipt of a correct invoice.

VALID SINGLE TENDER JUSTIFICATIONS:

The compatibility with supplies already installed at CERN.

No technical equivalence on the market.

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6.3 Order value below 1k CHF (Automatic)

• 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)

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6.4 Saving Time & Increasing EfficiencyCAUSES FOR DELAYS (Orders below 1k CHF)

• 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 [email protected] CE

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mailto:[email protected]


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

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https://procurement.web.cern.ch/documents/procurement-templates


6.6 Saving Time & Increasing EfficiencyCAUSES FOR DELAYS (Orders between 1k CHF and 5k CHF)

• 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

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6.7 Range: 5k CHF – 10k CHF

Bids can be requested by Technical Officer provided CERN Procurement Rules are followed:

• 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.

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6.8 Saving Time & Increasing EfficiencyCauses for Delay (5k CHF – 10k CHF)

• All the same as previous +

• Incomplete justification attached

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Requirements rangingbetween 10k CHF and 200k CHFRange: 10k CHF – 50k CHF

Range: 50k CHF – 200k CHF

‘ Centrale Achat 200k CHF

Ms. Sandrine MAGNANMr. Nordine AZIZIMr. Adam HORRIDGE


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5.2 Range: 10k CHF – 200k CHF

• 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)

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Range: 10k CHF – 200k CHF5.3 Adjudication

Lowest Compliant Bid

i.e. to the firm whose bid

• complies with• the technical requirements• the financial requirements• the delivery requirements

• And is the lowest cost

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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

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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.

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Supply contracts exceeding 100kCHF shall be subject to the 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 isfrom poorly balanced Member State is < 20%and if it aligns with cheapest bid this bidder gets the contract C

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Range: 10k CHF – 200k CHF5.7 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;

Prepare a technical questionnaire for critical supplies;

Draw up a list of potential suppliers bearing in mind “CERN industrial return”.

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In case of single tender, a justification memo attached to the DAI, explaining:

• 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.

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DO NOT:

• Send a DAI without justification in case of single tender;

• Send a DAI with only 2 offers (minimum is three).

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Requirements exceeding 200k CHFRange: 200k CHF – 750k CHF

Range: 750k CHF and above

>750k CHFMr. Bjorn JENSSEN (Backup Mr. Ivo LOBMAIER)

200k CHF up to > 750k CHFMr. Bjorn JENSSEN (BACKUP Mr. Floris BONTHOND)


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Range: exceeding 200k CHF4.2 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)

• Technical Auditing of Documents (Specification Committee)

• Sourcing of Firms (Technical Officer; Procurement Officer; DB; EOI; ILOs)


Range: exceeding 200k CHF4.3 Invitation to Tender IT

Further to Market Survey• IT Documents drafted by Technical (Technical

Specification – Drawings – Questionnaire – and Procurement (Tender Form)

• Technical prepares Risk Matrix for IT > 750k CHF

• Specification Committee Meetings scheduled by EN/MEF – IT documents reviewed and MS results presented

• IT process (Issuance, Bidders conference, clarifications)

• Electronic Bidding tool (receipt of bids)

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larac

TU CHERCHES DES PB: mentionnes le groupe de P. Bonnal avec tech spec committee


Range: exceeding 200k CHF4.4 IT Bid assessment

Bids shall be examined to establish that they comply with the technical, financial and delivery requirements in all respects

Communication of relevant information to bidders limited to:

• Procurement Service (< 750k CHF)

• A member of Directorate (≥ 750k CHF)

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Range: exceeding 200k CHF4.5 Adjudication

Lowest Compliant Bid i.e. to the firm whose bid:

• 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

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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

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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.

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Range: exceeding 200k CHF4.8 Industrial Return Coefficient

For Supply contracts and for a 12-month period starting on 1st March, defined as:

“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.”

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Range: exceeding 200k CHF4.9 Industrial Return Coefficient for Supplies

For period 1 March 2014 – 28 Feb. 2015:

• Poorly balanced < 0.91

• Well balanced ≥ 0.91

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Range: exceeding 200k CHF4.10 Well balanced Member States

For period 1 March 2014 – 28 Feb. 2015:

• France

• Hungary

• Portugal

• Switzerland

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Range: exceeding 200k CHF4.11 Origin of the OfferAccording 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 sub-contractor”

If 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

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Range: exceeding 200k CHF4.12 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 isfrom poorly balanced Member State is < 20%and if it aligns with the lowestt bid this bidder gets the contract

7 When should the Procurement Strategy be defined?

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7.1 Strategic analysis1. Resources

Make or buy?Availability of key staff

2. Rules & Procedures:Estimated amountPrice 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? C

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7.2 Strategic analysis

Functional specification or Performance specification

Build-to-Print specification

Prototypes

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Standard, Non-standard or Prototypes?

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7.3 Contract management lifecycle

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Selecting the procurement strategy

Specifying the activity

Drafting and issuing tender documents

Evaluating the bids

Decision and implementation

Monitoring of contract performance

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7.4 When to start?

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8 After the Order – Payments

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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

2. Accounts Payable (FP-FAS-GPA)• Reception invoices• Control of invoices + clear for payment

3. Treasury (FP-DI)• Makes payment (checks bank details)


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8.2 Invoice Processing by Accounts Payable

Invoice Controllers

« OK to pay »

Goods/ServicesReceived ?

Treasury

Yes

No

Manual

Auto

EDH

Delivery Acceptance

✓Technician

Difference in amount between order and invoice?

No« OK to pay »

Request validation technician (also budget holder/procurement in the case difference > 5%)

EDH

Delivery Acceptance

For single orders per invoice Emails with attached invoices for multiple orders or

complex contracts

« OK to pay »✓

FP Department - FAS

Yes

Or

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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

[email protected]

3. EDH Approval documents/emails requesting approval• Treat promptly and only say ‘YES’ if you have received the

goods / services ordered and are satisfied

• If you Postpone a document, remember to validate it when goods received/tested


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8.3 BewareEDH 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.

• Instead of Rejecting the Invoice, indicate that you do not accept the supplies:

a. Indicate NO at the question

b. Provide an explanation in the comments

c. Then sign the EDH document.


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8.3 Exception for partial acceptance

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.

Procurement and Accounts Payable will then advise on the action that needs to be taken.


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8.4 Tools available for order and invoice tracking

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.

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


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8.4 Tools available - EDH


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8.4 Tools available - CET


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Questions


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