Doing Business with Pemex - contracting
Transcript of Doing Business with Pemex - contracting
Finance and Administration Division
Financial Resources Management
Contracting in Accordance to PEMEX’s Policies and Procedures
May 2013
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Contracting Process
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Core activities
Annual assessment of contractual
requirement involving assets and services
company needs
No
No
Yes
Yes
Contracting of Supplies Monitor and Control
of Supplies
Evaluation and Improvements of the
Supply Process
Supply Forecasting and
Planning Program
Petróleos Mexicanos Law
Public Works and Related Services Law
Acquisitions Leasing and Services of the Public Sector Law
Public Works?
Exceptions to bidding process LOPSRM Art. 42
Exceptions to bidding process LAASSP Art. 41
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Requirement analysis identifying the type of law used in 2012
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No. Law Type Req. No. Percent
1 LAASSP 697 20
2 LOPSRM 109 3
3 PEMEX 2,739 77
Totals 3,545 100
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Administrative Processes for Procurement
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Contracting of supplies Monitor and Control
of Supplies
Evaluation and Improvements of
the Supply Process
Supply Forecasting and
Planning Program
200-72500-201 AL 214w warehouse
200-72000-PA-011 IOS purchases
200-72000-PA-010 IOS purchases
200-72000-PA-013 ITS purchases
200-72000-PA-012 Intercompany contracts
200-72000-PA-001 Contracting Program
200-72000-PA-002 Reception Solped
200-72000-PA-003 Bid
200-72000-PA-004 Restricted Invitation
200-72000-PA-005 Direct Biding
200-72000-PA-006 Agreement Subscrip.
200-72000-PA-009 Non-recoverable cost.
200-72000-PA-008 Cost Adjustment
200-72000-PA-007 Admin and assets receipt
LAA
SSP
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3 P
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PEP
800-18000-PAI-01 to
800-18000-PAI-05 Y 37
800-18000-PAI-06 to
800-18000-PAI-13
800-18000-PAI-14 to
800-18000-PAI-34
800-18000-PAI-35 to
800-18000-PAI-36
LOP
SRM
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6 P
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EMEX
PEMEX LAW Art. 4-10,77
LEY PEMEX LEY PEMEX PEMEX LAW
Art. 12-46,51-53,78,79 PEMEX LAW
Art. 54-76,80-83 PEMEX LAW
Art. 47-50, 85-88
LPEM
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EP
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TIPO DE CONTRATO
Administrative Disposition for Contracts
Conditions for Contract Approval following PEMEX Law
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Area Manager / Administrator of the Project
General Director PEP
Board of Directors for PEP
CAAOS for PEMEX Board of Directors
for PEMEX
A Greater or Equal to
$200M USD
Opinion
B Greater or Equal to
$100 M USD but less than $200M
USD
C Greater or Equal to $50M but less than
$100M USD
D Less than $50M
USD
Approval - Executive document - Contract model - Economic model
Contract Type
Board of Director Limits (updates)
Approval - Executive document - Contract model - Economic model
Approval - Executive document - Contract model - Economic model
Approval - Executive document - Contract model - Economic model
Approval - Executive document -Contract model - Economic model
CAAOS for PEP
Opinion - Prior opinion from Subcaaos of PEP
Opinion - Prior opinion from Subcaaos of PEP
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Contracting Process Protected by PEMEX Law
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Basic Process
Invitation to Bid
QA Meeting / clarifications
Due date Evaluation Tec - Eco
Decision Signing of Contract
Art. 28, d), DAC’s One or several acts
Art. 27 DAC’s
Tec. Eco.
Visit
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Contracting Process Protected by PEMEX Law
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Basic Process
Invitation to Bid
QA Meeting / clarifications
Due date Evaluation Tec - Eco
Decision Signing of Contract
Art. 28, d), DAC’s One or several acts
Art. 27 DAC’s
Tec. Eco.
Visit
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2
2
1st Clarifications
Meeting
2nd Clarifications Meeting
Last day sell guideline
Prequalification documentation
receipt Evaluation
Public meeting to inform results of pre-qualification
Clarifications to prequalification
Pre-qualification program is announced
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Prequalification
Art. 21, fracc. IV;
DAC’s
Art. 21, fracc. I; DAC’s
Art. 21, fracc. V; DAC’s
Period to solicit clarifications
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Contracting Process Protected by PEMEX Law
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Basic Process
Invitation to Bid
QA Meeting / clarifications
Due date Evaluation Tec - Eco
Decision Signing of Contract
Art. 28, d), DAC’s One or several acts
Art. 27 DAC’s
Tec. Eco.
Visit
Participants of involved areas and the final decision
correspond to the Project Manager
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3
4
3
Negotiation
Social Witness
Negotiation process is announced
Negotiation I Negotiation result is
announced
Art. 32, 2° pg. DAC’s
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2
All of
whomever PEP deems to be appropriate
Negotiation II
Negotiation III
Negotiation n
Reasonable period to present final proposals
Proposal are received after negotiation
Art. 32, Fracc. II DAC’s
Art. 32, Fracc. III y IV DAC’s Art. 32, Fracc. V, index b) DAC’s Art. 32, Fracc. V, index c) DAC’s
Concurrently or after evaluation
Art. 28 fracc. “E” DAC’s
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Contracting Process Protected by PEMEX Law
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Basic Process
Invitation to Bid
QA Meeting / clarifications
Due date Evaluation Tec - Eco
Decision Signing of Contract
Art. 28, d), DAC’s One or several acts
Art. 27 DAC’s
Tec. Eco.
Visit
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5
Subsequent discounted offers (standardized assets or services)
Round I
Round II
Round…n . . .
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6
Art. 31, DAC’s
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3 1
2
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Contracting Process Protected by PEMEX Law
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Request for Quotation
Evaluation Tec - Eco
Acceptance of Proposal
Signing of Contract
Receive Proposal
Art. 50 Fracc. III RLPM Begins with the request for quotation and ends with the acceptance of the
proposal
Previous decision from acquisition, leasing and Works and Services Commitee
2 days 15 days 10 days 5 days 15 days
Direct Contracting
Art. 56 LPM y 46 DAC: • Respond • Financial • Technical • Operative
Art. 57 LPM It involves: I. Spills, toxic gases, population risk, environmental damages, damages to facilities. II. Public federal services, agents or representatives of judicial and administrative processes. III. Spare parts in stock to support original manufactures warranties. The exceptions to the bidding listed in LAASSP and LOPSRM.
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Execution Strategy
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-PEP obtains contract historical Information. -Consults areas & PAR -Identify needs. -Integrated tools and Philosophies about Supply management (contract forms). -Segments needs by specialty or grouping (contract group)
1.Families Selection 2. Supplier
Engagement
3. Evaluation And selection of
suppliers
4. Definitions of the process / contact
scope
5. Contacting process
6. Contract approval and
maintenance / execution
7.Best Practices
-DCO Collaborates to Facilitate contract strategies. -Families and Contractual inform. Are added in Accordance to exper. -Analysis to identify works according to Department or contract
-End user conducts Market research. -They identify existing offerings. -They elaborate strategy proposal as well as contract proposal.
-Integrates information needed for projects: • Justification • Economic Model • Executive Doc. -Consults with end user areas and PAR to identify needs. -Presents cases in accordance to type of contract: •Transactional, •Integral •Performance
-Conducts processes for contracting. -Awards contracts. -Formalizes contracts.
-Manages the contract. -Elaborates agreement.
-Best Practices in contracting.
Benefits: - Better Polices and definitions of Contracting. - Simplify the administrative process of contracting in accordance to our strategies. - Obtain economic saving due to better practices in contracting. - Align efforts in contracting.
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Based on past experience, the following issues were resolved by senior
management
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Improve our availability to perform sound
market research prior to the request for
requirements. Improve our information
to justify the specifications and
characteristics of our needs
Identify all requirements in accordance
to PEMEX Law when considering
contract amounts greater than (A and B)
and should be properly documented for
approval at it’s appropriate instance
Improve the process to obtain
multi-period approvals.
Requirements are correctly document
and included in the project portfolio with
the required detail
Improve requirement identification.
Included these requirements in the Annual Requirement Program.
Review all Project Files for all necessary critical information for projects.
Define all elements needed for programming.
Document all budget coding for projects in accordance with Corporate policies.
Create formats that would document minimum standards of market data research to identify
potencial sources/vendors.
Create formats that would improve market research based on historical information of
consumption, practical technology, brands, operational standards well adapted in our industry.
Adapt homogenous formats to sustain the requirements.
Reengineer the process to:
Eliminate unnecessary steps.
Institute electronic approval processes.
Standardize approval of funds destined for operational investment.
Publish Board of Director meeting calendar as well as the calendars of the various committees for
critical dates.
Promote and make available with the operational areas the documentation needed for
requirements.
Action Items
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Improvements to Contracting Process
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Alignment with initiatives
Alignment with initiatives for the administration of supply chain activities, with contract strategies
as mandated by the PEMEX, adding to it the opinions of subject matter experts in contracting
strategies for the various business segments.
Development of a program to unify project administrator’s efforts on how to communicate project
updates throughout the organization.
Replicate the work flow utilized in Strategic Projects to streamline efforts used in budget and
finance administration needs for Project Management as a whole.
Improve the supply chain / procurement process for the current application of contract module
used in PEMEX.
Action Items
Project updates
Streamlining
Strengthening the supply chain
Automation
Catalogs
Host an e-Offers module in our system.
Integration of automated offerings that include discounts and electronic clearances from vendors.
Inclusion of vendor/contractor catalogs needed for prequalifications.
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Time needed for contracting
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Public Invitation
QA Meeting / clarifications
Due Date Evaluation Tec - Eco
Decisions Signing of Contract
Visit
Basic Bid Process (diverse types)
5 days 25 days 20 days 25 days 20 days 15 days 20 days
Invitation to Bid
Visit and QA meeting / clarifications
Due date Evaluation Tec - Eco
Decisions Signing of Contract
Basic Process Restricted Invitation (Invitation is for three)
5 days 15 days 6 days 7 days 15 days 15 days
Request for quote Receipt of Proposal
Evaluation Tec - Eco
Acceptance of proposal
Signing of Contract
Basic Process Direct Contracting
2 days 15 days 10 days 5 days 15 days
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Annual Forecast of Requirements (estimated)
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PROCESS TYPE
TYPE A TYPE B TYPE C TYPE D TOTAL
QUANT. REQ.
QUANT. REQ.
QUANT. REQ.
QUANT. REQ.
QUANT. REQ.
Direct contracting 1 1 12 852 866
Invitation to at least three vendors to participate
0 0 0 439 439
International public BID 6 1 11 223 241
International public BID with agreement
11 33 58 841 943
Domestic public BID 0 0 4 767 771
Agreement with other Inter-companies
0 1 3 281 285
Total 18 36 88 3,403 3545