采購優質基建.pdf

1、12 October 2022Andrea Chao Partner/lawyerAndrea.CProcurementof QualityInfrastructure2 Bird&Bird LLPA major legal hurdle perceived to obtain quality infrastructurePerceivedlack of flexibility re:Contracts Procurement Why a hurdle?Because flexibility is crucial to obtain such infrastructure3 Bird&Bird

2、 LLPAgree on a contract that:Stimulates sharing of ideas&improvement of the projectHas flexibility to incorporate new views&new developmentsAllows for room to deal with unforeseen circumstances&challenges in a cooperative mannerInvolves supply chainIs geared towards best for projectContractual How t

3、o tackle these hurdles4 Bird&Bird LLPExamplesContractual Collaborative contractsEarly Contractor Involvement(ECI)New:FIDIC Collaborative Contract Model(TG17)(expected 2023)Launched 6 Oct 22:English translation of Dutch ECI model DG2020(QR code to download)5 Bird&Bird LLP Alignment on goal,approach&c

4、ollaboration Integration of workstreams Flow of information Pricing methodology to have a beneficial influence also re subcontractors,suppliers etc while also being transparent&allows for exits Risk identification&management Joint decision making through a decision making forum Focus on communicatio

5、n&collaboration Duty to warn&inform Additional dispute avoidance measures:focus on taking measures with a best for project-purposeWhere does thinking FIDIC TG17 currently stand a few points for inspirationContractual 6 Bird&Bird LLP Do not focus on price as outcome of the tender Fixed price upfront

6、not required from EU procurement law perspective(academic article to be published end of 22)Rather:focus on setting a transparent,proportional&fair(contractual)process to determine price Select and award on quality:approach,experience,team,match with employers team etc.ProcurementHow to tackle these hurdles7 Bird&Bird LLPA few suggestions