Best Practice & Procurement

Subject:
Best Practice &
Procurement

Sebastian Hök, PHD (Göttingen)

FIDIC Legal Advisor
FIDIC Approved Adjudicator (FIDIC President´s List)
FIDIC Accredited Trainer
FIDIC Best Practice
FIDIC Best Practice
FIDIC Best Practice on Procurement
FIDIC Best Practice on Procurement
FIDIC Best Practice on Procurement
FIDIC Best Practice on Procurement
 FIDIC Best Practice

What FIDIC does?

Represent globally the consulting engineering industry
Enhance the image of consulting engineers
Provide the industry with guidance on procurement and
contract management

What FIDIC offers the industry?

Be the authority on issues relating to best practice in terms of procurement and
contract management
Promote the development of a global and viable consulting engineering industry

What are FIDIC’s governing principles?

Promote quality
Actively promote conformance to a code of ethics and to integrity
Promote commitment to sustainable development
FIDIC Best Practice
FIDIC Best Practice on Procurement
FIDIC Best Practice
FIDIC Best Practice
 FIDIC Contracts – Advantages

CLEAR, COHERENT

Essential clauses.
Detailed definitions.
Consistent structure.
FAIR, EQUITABLE

Risk allocated to party best placed to

control it, bear it, and deal with it.
THIRD PARTY

Drafted by consulting engineers who

design and manage projects.
COMPLETE, FLEXIBLE

Range covers most needs.

RECOGNISED Readily adaptable to fit requirements.

Positive FIDIC image.

World-wide acceptance
Tested for more than 50 years.
FIDIC Best Practice
FIDIC Best Practice
Professional Services Agreements

FIDIC publishes model agreements

for professionals services:

- Client/Consultant
- Joint Venture
- Sub-Consultant
- Representative
Works Contracts – Rainbow Collection

FIDIC publishes internationally

recognised forms of contract for
infrastructure works.

More than 40,000 copies supplied each year

 Procurement & Business Practice

FIDIC Procurement Procedures Guide

Best Practice & Procurement
Best Practice & Procurement

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 Best Practice & Procurement
End of Time
Base Submission for Performance
Date of Tender TOC
Application Completion Certificate
?
Contract
Date
28
14 14 1
Days
Days Days Year
Pre Construction DNP
Contract

Substan-
As-Built tial
Tests Comple-
Docs tion

Red Book Certified Taking-

Over Date
Timeline Taking-Over
Taking-Over Certificate
 Best Practice & Procurement
Employer´s Claim
Sub-Clause 2.5 Sub-Clause 2.5 and Sub-Clause 3.5

as soon as soon without

as practi- as practi- undue
Start cable cable delay
Event

the the Employer the Employer the Employer the Engineer

event becomes or shall give notice shall send a makes a
occurs should have and particulars claim which determination
become aware includes full in accord. with
of the event condition supporting with Sub-
and considers precedent particulars Clause 3.5
himself to be Determinations
entitled
 Best Practice & Procurement
Contractor´s Claim
Sub-Clause 20.1 Sub-Clause 20.1 and Sub-Clause 3.5
Contemporary Records
accessible to the Engineer

within within within

start 28 days 42 days 42 days
Event

the the Contractor the Contractor the Contractor the Engineer

event became or shall give notice shall send a shall respond
occurs should have and particulars fully claim with approval or
become aware describing the which disapproval in
of the event event giving includes full accordance
as soon as practicable
rise to the claim supporting with Sub-
and considers
latest within 28 particulars of Clause § 3.5
himself to be the basis of
days Determinations
entitled the claim
cut-off period
 Best Practice & Procurement

organisational
chart
RB/YB
Employer

Engineer

Contractor

Design / Planning
Dispute Adjudication Board
Build / Construction

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 FIDIC Best Practice & Procurement

International Federation of Consulting Engineers

President Jae-Wan Lee, Korea
Vice-President Dr. John M Boyd, Canada

Secretariat World Trade Center 2

Geneva Airport
Box 311
CH-1215 Geneva 15
Switzerland
Tel: +41 22 799 49 00
Fax: +41 22 799 49 01
fidic@fidic.org
www.fidic.org
Managing Director Enrico Vink
Commercial Director François Baillon