participationFees: Proportional fees

[duncandewhurst]

In Kazakhstan participation fees have a proportional expression, presumably of either the tender or award value, depending on the type of fee, though I wasn't able to find an example due to technical issues with the Kazakh e-procurement portal.

For fees calculated on the tender value, the fee value could be calculated and provided in participationFee.value, however for fees calculated on the award value this wouldn't be possible until after the fact, so a new field on participationFee may be required to express the fee percentage.

[neelima-j]

The eProcurement System of the Government of Assam publishes Earnest Money Deposit (EMD), modelled in OCDS as participation fees, as a percentage of estimated tender value. (source - Assam Public Procurement Rules, 2020,
Page with downloadable documents )

Example
Tender ID 2022_WPTBC_26076_1


It appears that The Assam eProcurement website shows the percentage fees as a rupee value too. (Rs. 1,93,740 is 2% of Rs.96,87,000)

Modelling recommendation is to mention the percentage in participationFees.description and calculate the value and populate participationFees.value .

[jpmckinney]

UK's draft bill contains:

38 Dynamic markets: fees

(1) Documents establishing a dynamic market other than a utilities dynamic
market may provide for the charging of fees to suppliers that are awarded a
contract by reference to their membership of the market.

(2) Fees charged by virtue of subsection (1) must be set as a fixed percentage to be
applied to the estimated value of the awarded contract.

44 Frameworks

(7) A framework may provide for the charging of fees at a fixed percentage of the
estimated value of any contract awarded to the supplier in accordance with the
framework.

(emphasis added)

I don't know if the phrase "estimated value of the awarded contract" / "estimated value of any contract awarded" refers to:

1. The estimated value at the time of the Contract Notice (tender stage)
2. The estimated value at the time of the award (award stage) – given that the value of the contract may very well vary during implementation

If (2), then the value cannot be calculated in advance, and the ParticipationFee would need a field like percentageValue with validation properties to ensure the value goes from 0 to 100.

Either way, there might need to be another field to indicate which value the percentage is calculated from, e.g. a codelist of 'tenderValue' and 'awardValue' or similar.

[odscjen]

How does the following sound? @duncandewhurst @jpmckinney I think it covers all 3 jurisdictions cases mentioned so far.

field	title	description	codelist
percentageValue	Percentage value	The percentage of the value type given in percentageSource that will define the monetary value of the fee.	-
percentageSource	Percentage source	The process value used in the proportional fee calculation.	proportionalValue.csv

proportionalValue.csv (closed codelist)

code	title	description
planningValue	Planning value	The value of the contracting process as given during the planning process.
tenderValue	Tender value	The value of the tender as stated in the procurement tender notice.
awardValue	Award value	The value of the award made as stated in the award notice.
contractValue	Contract value	The value of the award made as stated in the signed contract.

{
  "tender": {
    "participationFees": [
      {
        "id": "1",
        "percentageValue": "15",
        "percentageSource": "awardValue",
        "type": [
          "win"
        ],
        "description": "The winning bidder will be required to pay a fee of 15% of the awarded contract." 
      }
    ]
  }
}

[jpmckinney]

I think we only have evidence for two possible monetary values:

• estimated value of the procurement
• estimated value of the awarded contract

Maybe instead:

        "relativeValue": {
          "number": 0.15,
          "unit": "award"
        }

[odscjen]

That's less wordy which is good! So...

field	title	description	codelist
relativeValue	Relative value	The value of the participation fee as a relative percentage.	-
.number	Percentage value	The percentage of the value type given in unit that will calculate the monetary value of the fee.	-
.unit	Percentage source	The process value used in the proportional fee calculation.	relativeUnit.csv

relativeUnit.csv (closed codelist)

code	title	description
tender	Tender value	The value of the tender as stated in the procurement tender notice.
award	Award value	The value of the award made as stated in the award notice.

{
  "tender": {
    "participationFees": [
      {
        "id": "1",
        "relativeValue": {
          "number": 0.15,
          "unit": "award"
        },
        "type": [
          "win"
        ],
        "description": "The winning bidder will be required to pay a fee of 15% of the awarded contract." 
      }
    ]
  }
}

[jpmckinney]

I think, when coming up with my proposal, I was thinking about how to make a generic subschema (e.g. Fraction). However, I'm not sure the loss of clarity is worth it - especially considering we don't know where else we might use the subschema.

So, a more explicit one might be:

field	title	description
relativeValue	Relative value	The value of the participation fee, as a percentage of a monetary value.
.percentage	Percentage	The percentage of the monetary value.
.monetaryValue	Monetary value	The name of the monetary value.

Add JSON Schema constraints for percentage to be from 0 to 100.

The codelist can be named monetaryValue.csv.

We can reuse definitions from OCDS fields.

tender: The estimated value of the procurement, as estimated when publishing the tender information.
award: The value of the award. Typically, this is the value of the bid being awarded.