Support in the Preparation of Standardized Components for the Environmental Sector (WATER/WASTEWATER) – JASPERS

Brief Description of Main Deliverables/Outputs:
Global objective Prepare Volume I and III TD templates for Works and corresponding TD templates for Site Supervision Services for use in the Croatian water sector with relevant guidance and training materials and workshops for the beneficiaries Specific objectives 1. Develop methodologies and guidelines for defining the selection and award criteria for water and wastewater projects in accordance with Croatian National Legislation, EU Public Procurement Directives, and considering the interpretations of the European Court of Justice for cases relevant to this Assignment; 2. Prepare evaluation grids based on binary (Yes/No) criteria; 3. Identify material and works standards for Volume III of the TD templates for use in environmental projects in water and wastewater; 4. Identify measurement systems and standards for Volume III of the TD templates in a RED and YELLOW BOOK FFIDIC works contract; 5. Develop template documents for construction supervision technical assistance contracts for use in environmental projects in water and wastewater; 6. Organize and execute workshops for each key deliverable to discuss modifications and changes for finalization; 7. Revise and re-issue deliverables in accordance with the findings of the workshops.

Role on the Assignment

Scope of Services provided from the Legal Expert in relation to the JASPER ToR for preparation of templates for works tenders (RED and YELLOW FIDIC contracts) are as follows:
For preparation of the Gap Analysis:
Potential conflicts between Croatian legislation and FIDIC Conditions of Contract
Reviewed the Croatian legislation including but not limited to Croatian procurement law, planning and building legislation and permitting procedures and prepared a brief 10 pages’ report on potential conflicts with FIDIC procurement documents.
Prepared recommendations on how these conflicts shall be addressed.
Legal issues in relation to selection and contract award criteria:
Reviewed the European Court of Justice Rulings on unfair competition in relation to works contracts awards.
Reviewed the Croatian court rulings on unfair competition in relation to works contracts awards.
Prepared 5 pages’ report with recommendations on how selection and award criteria should be designed to minimize risk of court cases considering both Croatian and European Court of Justice Rulings.