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EUROPEAID/121737/D/SV/RO - Training in Project Cycle Management, Procurement and Contracting of Pre-Accession Projects and EUROPEAID/121737/D/SV/RO - Training in Project Cycle Management, Procurement and Contracting of Pre-Accession Projects and Management of EU Structural Instruments Practical Guide to Contract Procedures - Basic Course Marko Rillo - www. rillo. ee February/March 2006 Bucharest

Good Morning! • • Agenda Rules Objectives and expectations Teamwork: • • • You Good Morning! • • Agenda Rules Objectives and expectations Teamwork: • • • You will be divided into 5 teams of 5 persons. Each of you will be allocated to a team (A, B, C, D, E). Later you can make up a team name. Working in teams is an important part of all training 2

Marko Rillo - www. rillo. ee • Work 2002 - 5 MPC owner, trainer Marko Rillo - www. rillo. ee • Work 2002 - 5 MPC owner, trainer and consultant: Estonia (ex. Estonian Telecom, Estonian Postal Services, Ministry of Finance), Latvia, Bulgaria (Ministry of Finance), Croatia (Ministry of Finance, Ministry of European Integration, Ministry of Foreign Affairs) 2001 -02 AS Andmevara, managing director, member of board 1997 -01 CFCU Estonia director • Studies Currently Ph. D studies in TUT - strategy process Earlier: M. Sc Economics in TUT, Int. BBA in EBS, Lappeenranta University of Technology, University of Helsinki, University of Tartu • Hobbies Swimming, photography, hiking on land sea, music composition, Lecturing on management and strategic management, research on managerial issues 3

Learning Objectives By the end of the course, you should have understanding of: 1. Learning Objectives By the end of the course, you should have understanding of: 1. The contents of the PRAG and how to use it 2. The principles of PRAG procurement 3. The future of PRAG - what will change after the EU accession 4. Basics of contract award procedures: supplies, services, works, grants 5. The procedures and process relating to the evaluation Do you have your own expectations, too? 4

Training Approach The training will: • Be participative • Be exercise based • Involve Training Approach The training will: • Be participative • Be exercise based • Involve you in team working • Involve you in presenting your understanding to the others 5

Start with The Test! Example questions • Which of the following types of contract Start with The Test! Example questions • Which of the following types of contract are not covered by the PRAG? Services: Works: Employment. • A member of the evaluation committee who has a conflict of interest in relation to one of the companies submitting a bid is permitted to remain on the committee provided he or she does not vote. True / False? 6

Teams - Introductions You will have 5 minutes to introduce yourselves to the other Teams - Introductions You will have 5 minutes to introduce yourselves to the other team members (name, institution and position) and to choose one of you to introduce the team members to the rest of the participants. 7

1. 2 A Main Principles of PRAG 1. 2 A Main Principles of PRAG

The Project Cycle 9 The Project Cycle 9

Formulation Phase of Project Cycle • Detailed project design work. Project fiche reviewed to Formulation Phase of Project Cycle • Detailed project design work. Project fiche reviewed to identify issues needing further analysis or design work • If necessary - design and formulation work contracted and carried out • Feasibility assessed • Risk and sustainability analysed • Terms of Reference prepared • Technical and administrative provisions for implementation prepared 10

Implementation Phase of Project Cycle • Contracting is completed, project activities are carried out Implementation Phase of Project Cycle • Contracting is completed, project activities are carried out and the results are delivered to the beneficiary. • A periodic monitoring activity is carried out to allow project managers to oversee and review project progress. 11

Practical Guide • Adopted in 01. 02. 2006 - altogether 126 p. + annexes Practical Guide • Adopted in 01. 02. 2006 - altogether 126 p. + annexes • Can be downloaded: http: //europa. eu. int/comm/europeaid/tender/ practical_guide_2006/index_en. htm • Explains the contracting procedures which apply to EC external aid contracts. • Governs the award of service, supply and works contracts financed by the general budget of the European Communities 12

Types of Contracts Services - technical assistance, studies, training or designs • Carried out Types of Contracts Services - technical assistance, studies, training or designs • Carried out by consultant(s) Supplies - the purchase, leasing, rental or hire purchase of products, incl their design, manufacture, delivery, assembly or commissioning of goods together with any related tasks e. g. siting, installation, maintenance, repairs, training and after-sales service • Carried out by supplier(s) Works - the execution of works, or both design and execution of works (outcome of building or civil engineering works) 13

PRAG - Table of Contents • Introduction • Basic Rules for Service, Supply and PRAG - Table of Contents • Introduction • Basic Rules for Service, Supply and Works Contracts • Service Contracts • Supply Contracts • Works Contracts • Grants • Relations with International Organisations and Other Donors • Legal Texts • Annexes 14

General introduction • For Phare and ISPA EU Commission should be interpreted as being General introduction • For Phare and ISPA EU Commission should be interpreted as being the EU Delegation • For SAPARD, DG AGRI • Days are to be interpreted as calendar days • Language to be used – practical reasons - is English in all cases 15

Centralised vs Decentralised • Centralised (EU Commission is CA) • Decentralised • Ex ante: Centralised vs Decentralised • Centralised (EU Commission is CA) • Decentralised • Ex ante: decisions concerning the procurement and award of contracts are taken by the Contracting Authority (CA) and referred to the approval of the European Commission • Ex post: decisions are taken by the CA without prior reference to the EC (except special rules in PRAG) 16

Role of the Contracting Authority • Responsible for launching tender procedures: • Submission of Role of the Contracting Authority • Responsible for launching tender procedures: • Submission of Contract Forecasts & Procurement Notices • Approval of To. R and TS • Chairing the Shortlist Panel • Drafting the Tender Dossier (TD) • Dispatch of Invitation to Tender and TD • Receiving tender bids • Chairing tender evaluation sessions • Preparation of Tender Evaluation Reports • Preparation & signature of contracts • Publishing the award of contract on the Internet 17

Eligibility criteria and other essentials • Nationality • Rule of origin / Grounds for Eligibility criteria and other essentials • Nationality • Rule of origin / Grounds for exclusion • Ethic clauses • Fair competition • Transparency and impartiality • Best value for money • Use of standard documents • Record keeping • No retroactive award 18

Eligibility Nationality • open on equal terms to all natural and legal persons of Eligibility Nationality • open on equal terms to all natural and legal persons of the EU Member States & the countries covered by the Regulation under which the contract is financed • applies to both companies and individual experts Origin • all supplies and equipment purchased must originate in the EU or in an eligible country as defined above in the nationality rule Exceptions to the rules • Decided on a case by case basis by the EC • Experts: with regard to nationals of other countries the EC may approve if (a) the input is relatively small and/or (b) unique expertise is being required • Supplies: justification required before EC approval given (justification on the basis of price will not be accepted) 19

What is Origin? • Country where the product has been obtained or was produced What is Origin? • Country where the product has been obtained or was produced • Evidence • Signed Declaration with tender bid • Certificate of Origin, to submitted when: • bringing supplies into the Beneficiary Country • Provisional Acceptance takes place • the first invoice is presented 20

Exclusion • Natural or legal persons will be excluded from participating in tenders if Exclusion • Natural or legal persons will be excluded from participating in tenders if they: • are in financial difficulties • have been convicted or are guilty of grave professional misconduct • have not fulfilled their obligations relating to social security contributions or taxes • are guilty of serious misrepresentation in supplying the information required • are in serious breach of contract for failure to comply with obligations in connection with another contract • are in one of the situations allowing for exclusion referred to in the Ethics Clauses 21

Penalties • In cases of fraud, corruption or participation in a criminal organisation or Penalties • In cases of fraud, corruption or participation in a criminal organisation or money laundering the candidate or tenderer will be excluded from awards; • Contractors excluded from awards for up to 2 years for false declarations; • Contractors failing to meet contractual obligations can receive financial penalties; • In the case of substantial errors or irregularities a contract can be suspended 22

Award Principles • Fair Competition - To avoid any conflict of interest, any firm Award Principles • Fair Competition - To avoid any conflict of interest, any firm or expert taking part in the preparation of a project must be excluded from taking part in tenders based on this preparatory work • Transparency, proportionality, equal treatment and Nondiscrimination • No retroactivity - • Contracts take effect from the date of signature of the last signatory, • All contracts must show the true date of signature and • No disbursements can be effected and no goods and services can be provided before this date • Standard contracts and document formats must be used 23

Visibility • Contractors for services, supply or works must take the necessary measures to Visibility • Contractors for services, supply or works must take the necessary measures to ensure the VISIBILITY of the EU financing or co-financing • EU guidelines gives rules – to be found at: http: //europa. eu. int/comm/europeaid/visibility/inde x_en. htm 24

Keeping Records • Written records of the entire tendering and contracting procedure must be Keeping Records • Written records of the entire tendering and contracting procedure must be kept confidential and retained by the Contracting Authority • The records must be kept for 7 years • The records must include the originals of all tenders submitted with corresponding tender dossier and related correspondence 25

Transparency • Publication of annual Contract Forecast (template) – update every three months • Transparency • Publication of annual Contract Forecast (template) – update every three months • Must be published 30 days before the corresponding procurement notice (sent to ECD 15 days before intended publication) • Publication of Procurement Notice – PN • Extended submission period (50 -90 days) • Publication of Evaluation criteria and draft contract in the Tender dossier • Publication of award of contract notices • Precise information to unsuccessful tenderers 26

1. 3 B Contract Award Procedures 1. 3 B Contract Award Procedures

Which award procedure to apply? • Types of procedures: • Open procedure • Restricted Which award procedure to apply? • Types of procedures: • Open procedure • Restricted procedure • Simplified procedure • Framework contract • Negotiated procedure • Selection and award criteria - borderline cases • Tender procedure with „suspension clause” 28

Procurement thresholds 29 Procurement thresholds 29

Procurement Tresholds - Grants € 2, 000 or max of each grant € 100, Procurement Tresholds - Grants € 2, 000 or max of each grant € 100, 000 or all other cases not falling under local call for proposals procedure € 2, 000 or max of each grant € 100, 000 or grant programme exclusively for national applicants Direct award (exceptional cases) Local open 1. International open call for proposals Alternative: International 2. International restricted call for proposals might call for proposals be also chosen (exceptional cases) 30

Principles of Tresholds • The procurement thresholds must be respected and projects must not Principles of Tresholds • The procurement thresholds must be respected and projects must not be split artificially to circumvent these thresholds - no 'sausageing' allowed. • Technical assistance and related activities must be grouped where appropriate in large tenders and contracts. 31

Negotiated procedure (with prior approval of ECD) • Urgency – other than FM about Negotiated procedure (with prior approval of ECD) • Urgency – other than FM about to expiry • Particular characteristics - services from NPOs, contract following design competition • Additional deliveries by original supplier • Tender procedure has been unsuccessful, no qualitatively or financially worthwile tender has been received. After cancellation, CA negotiate directly – Negotiation Report attached to contract dossier for approval 32

1. 3 Overview of PRAG Document Layout Practical Exercise 1. 3 Overview of PRAG Document Layout Practical Exercise

Answer the following questions Make your ref. to PRAG section! • What is the Answer the following questions Make your ref. to PRAG section! • What is the number of evaluation committee members in Works tenders • How long does it take to tender international service tender • What are the contents of works tender dossier • How does a company know that a competition is being published • What is the objective of evaluation process 34

1. 4 Introduction to Tender Documents 1. 4 Introduction to Tender Documents

Service Tender Documents • Type of contract • Tender evaluation criteria and weightings • Service Tender Documents • Type of contract • Tender evaluation criteria and weightings • If interviews are possible and when • If variants are allowed • If subcontracting, what proportion (limited in any cases) • Currency: Euro • Budget available indicated • Sworn statements – template (to be specified) • Shortlist • Draft contract and annexes • There should not be any overlap between the shortlist evaluation grid and the service tender evaluation grid 36

Service Tender Submission • Minimum tendering period is 50 days – could be shorter Service Tender Submission • Minimum tendering period is 50 days – could be shorter (prior authorisation by ECD) • Deadline should be close of business and preferable Friday • Tender validity is 90 days, can be extended by 40 • Two envelope system • Additional information request/clarification question on tender dossier should be submitted by 21 days before deadline and should be answered by 11 days before deadline 37

Supply Tender Documents • Type of contract • Tender evaluation criteria (Y/N) – if Supply Tender Documents • Type of contract • Tender evaluation criteria (Y/N) – if differs from TS (must include all details: after-sales service, spare parts, consumables, training etc. ) • Whether variants are allowed • If subcontracting, what proportion • Currency: Euro • Sworn statements – template (to be specified) • Tender guarrantee (1 -2% of total budget) • Draft contract and annexes 38

Supply Tender Submission • Minimum tendering period is 60 days – could be shorter Supply Tender Submission • Minimum tendering period is 60 days – could be shorter (prior authorisation by ECD) • Deadline should be close of business and preferable Friday • Tender validity is 90 days, can be extended by 40 • One envelope system • Technical offer must satisfy TS in all respects • Financial offer template should be used, if not offer should be rejected • Clarification meeting or site visit (at least 21 days before deadline) • Additional information request/clarification question on tender dossier should be submitted by 21 days before deadline and should be answer by 11 days before 39 deadline

1. 5 Preparation of Contract Forecasts 1. 5 Preparation of Contract Forecasts

Contract Forecasting • Publication of annual Contract Forecast (template) – update every three months Contract Forecasting • Publication of annual Contract Forecast (template) – update every three months • Must be published 30 days before the corresponding procurement notice (sent to ECD 15 days before intended publication) • Publication of Procurement Notice – PN - (sent to ECD 15 days before intended publication) • PN could also be published locally, text must be identical to the one indicated on Internet/OJ • Local publication should be at the same time with OJ/Internet • Tender dossier together with PN is sent to ECD for 41

Service Contract Forecast Contents 1. Publication reference 2. Procedure 3. Programme 4. Financing 5. Service Contract Forecast Contents 1. Publication reference 2. Procedure 3. Programme 4. Financing 5. Contracting Authority 6. Nature of contract 7. Contract description 8. Indicative maximum budget 9. Intended timing of publication 10. Additional information 11. Legal basis 42

Service Procurement Notice Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Service Procurement Notice Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Publication reference Procedure Programme Financing Contracting Authority Nature of contract Contract description Numbers and titles of lots Maximum budget Scope for additional services Eligibility Candidature Number of applications Shortlist alliances prohibited Grounds for exclusion 16. Sub-contracting 17. Number of candidates to be short-listed 18. Provisional date of invitation to tender 19. Provisional commencement date of the contract 20. Initial period of execution and possible extension of the contract 21. Selection criteria 22. Award criteria 23. Deadline for receipt of applications 24. Application format and details to be provided 25. How applications may be submitted 26. Additional information 43

1. 6 Introduction to Evaluation 1. 6 Introduction to Evaluation

The composition of Evaluation Committee Non-voting secretary At least 3 voting members Non-voting observer The composition of Evaluation Committee Non-voting secretary At least 3 voting members Non-voting observer (optional) Non-voting chairman 45

Role of the Chairman • Co-ordinating evaluation in accordance with Practical Guide • Ensuring Role of the Chairman • Co-ordinating evaluation in accordance with Practical Guide • Ensuring impartiality and transparency • Signing the EVREP • Signing all the letters or explanations on behalf of the EVC • Helping in gaining the consensus among committee members 46

Role of the Secretary • Circulating and collecting the Declarations • Ensuring that all Role of the Secretary • Circulating and collecting the Declarations • Ensuring that all the documents are completed and available to the EVC • Keeping the minutes of all evaluation meetings • Exchanging letters w/ tenderers • Registering attendance to meetings and compiling the EVREP 47

Role of the Members • Making decisions about the evaluation • Choosing the best Role of the Members • Making decisions about the evaluation • Choosing the best offers according to guidelines • Members carry collective responsibility for decisions taken 48

Role of the Observer • Checking the compliance with tendering rules and regulations • Role of the Observer • Checking the compliance with tendering rules and regulations • Reporting on irregularities encountered 49

2. 2 Evaluation of Proposals 2. 2 Evaluation of Proposals

Service Tender Evaluation • Rules of impartiality • Responsibilities of EVC • Clarification letters Service Tender Evaluation • Rules of impartiality • Responsibilities of EVC • Clarification letters (48 hours) • Stages of Evaluation process • Receipt and registration (by Chairman and Secretary) • Tender opening (closed, report) • Formal compliance • Administrative compliance • Technical evaluation • Financial evaluation • Preparation of report 51

Technical Evaluation • All tenders have to receive at least 80 points to be Technical Evaluation • All tenders have to receive at least 80 points to be qualified 52

Financial Evaluation 53 Financial Evaluation 53

Composite Evaluation • The scores of the technical offers are multiplied with 0, 8 Composite Evaluation • The scores of the technical offers are multiplied with 0, 8 • The scores of the financial offers are multiplied with 0, 2 54

Service - Recommendation of the EVCO • Award the contract: • Complies with formal Service - Recommendation of the EVCO • Award the contract: • Complies with formal requirements and eligibility rules • Within the maximum budget available • Meets minimum technical requirements • Economically most advantageous • Cancel the tender procedure: • None of bidders satisfies the selection/award criteria • No tenders achieved the minimum threshold (80%) • Total price (fees and provision) of all tenders received exceed maximum budget available 55

Supply Evaluation • Cheapest compliant tender wins • Rules of impartiality • Responsibilities of Supply Evaluation • Cheapest compliant tender wins • Rules of impartiality • Responsibilities of EVC • Clarification letters (48 hours) • Stages of Evaluation process • Receipt and registration (by Chairman and Secretary) • Tender opening (open public, opening report) • Formal compliance • Administrative compliance • Technical evaluation • Financial evaluation • Preparation of report 56

Supply - Recommendation of the EVCO • Award the contract: • Complies with formal Supply - Recommendation of the EVCO • Award the contract: • Complies with formal requirements and eligibility rules • Within the maximum budget available • Meets minimum technical requirements • Economically most advantageous • Cancel the tender procedure: • None of bidders satisfies the selection/award criteria • All tenders received exceed maximum budget available 57

How to Sign the Evaluation Report? 58 How to Sign the Evaluation Report? 58

2. 3 Evaluation of Experts Group Exercise 2. 3 Evaluation of Experts Group Exercise

Give Your Assessment about the Proposed Candidates • Read through the assignment • Look Give Your Assessment about the Proposed Candidates • Read through the assignment • Look at the Proposed CVs • Give your marks according to evaluation lists • Discuss your marks with other members of your group and finalise the evaluation 60

2. 4 Evaluation of Financial Proposal Group Exercise 2. 4 Evaluation of Financial Proposal Group Exercise

Financial Evaluation • Look at the following financial figures and calculate the winner of Financial Evaluation • Look at the following financial figures and calculate the winner of the tender evaluation! 62

Cancellation of Evaluation • Cancellation of award procedure • Unsuccessful tendering procedure • Economic Cancellation of Evaluation • Cancellation of award procedure • Unsuccessful tendering procedure • Economic or technical data fundamentally altered • Force Majeure • All bids exceed the available budget • Irregularities experienced during the procedure • After cancelling the award procedure • Relaunch tender • Negotiations with the bidder(s) • Not to award the contract 63

Appeals - Other Key Issues • Appeals • bidder writes to CA, CA must Appeals - Other Key Issues • Appeals • bidder writes to CA, CA must answer within 90 days • If needed EC can be involved • If still needed legal appeal – under national legislation • Contract size – realistic, linked to substance • Co-financing: Parallel / Joint • Importance on key documents • Terms of reference • Technical specification 64

2. 5 Contract Award 2. 5 Contract Award

Intl Supply Tender: Timing Forecast (annual +individual) and Notice Submission Procurement Forecast - Publication Intl Supply Tender: Timing Forecast (annual +individual) and Notice Submission Procurement Forecast - Publication Notification Award Procurement Notice Publication (Data Confirmation) Letter of Invitation Reception Contract Clarification/Site/Request Contract Sign. Last Reply Award Notice Submission deadline Eval. Report 11 15 30 30 21 Min 60 LOT Min 30 90 - max 130 30 1 Validity + 60 Validity Period Min 90 - Max 230 66

Intl Service Tender: Timing Procurement Forecast and Notice Submission Procurement Forecast Publication Procurement Notice Intl Service Tender: Timing Procurement Forecast and Notice Submission Procurement Forecast Publication Procurement Notice Publication Application Deadline Short List Notice Notification Award (Data Confirmation) Reception Contract Letter of Invitation Contract Sign. Clarification/Site/Request Award Notice Last Reply Submission deadline Eval. Report 11 15 30 30 Min 75 -80 X Interview 30 1 Validity + 60 21 Min 50 15 90 - max 130 Validity Period Min 90 - Max 190 67

Contracting • CA prepares contract with all annexes • Successful tenderer’s validity is automatically Contracting • CA prepares contract with all annexes • Successful tenderer’s validity is automatically extended for 60 days from date of notification • CA request the declaration from the winner • Submits it to ECD for approval for financing • After ECD’s signature all parties sign • Contractor has to sign within 30 days and return of contracts to CA – if not 2 nd best or other procedure • Publishing the award of contract (24 hours sent to ECD) • Sending regret letters (very detailed, see template) 68

Modification of Contracts • Can be modified during duration of the assignment – no Modification of Contracts • Can be modified during duration of the assignment – no retroactivity • Any extended period should fit in the FM duration • Addendum, should be initialised at least 30 days before the end of the contract • Signed by all contracting parties, endorsed by ECD • If small changes are required (administrative order) • Addendum must not alter the major conditions of the contract • Any modification requiring additional fund must be foreseen in original documents and cannot exceed 50% of budget 69

2. 6 Future of PRAG - GGAPP 2. 6 Future of PRAG - GGAPP

New Guide as of 01. 05. 2004 GGAPP Guide on Grants and Public Procurement New Guide as of 01. 05. 2004 GGAPP Guide on Grants and Public Procurement under Pre-Accession Instruments • Amends new PRAG of 01. 05. 2003 • (Practical Guide to Contract Procedures Financed from the General Budget of the European Communities in the Context of External Actions) • Applies to Phare and ISPA • Required for beneficiaries in non-member states • Recommended for member states • 01. 05. 2003 PRAG remains for all other financing activities, except in countries, covered by “Rules and procedures … in the context of cooperation with third countries” • • http: //www. fin. ee/? id=7452 - Download 71

Main Features of GGAPP • Several added sections • Much more thorough explanations, especially Main Features of GGAPP • Several added sections • Much more thorough explanations, especially in general part • Concrete linkages built with EU Directives on • Supplies Dir. 93/36 • Services Dir. 92/50 • Works Dir. 93/37 • Gives in many areas more flexibility • Shortens most of the deadlines • Specifies in more detail handling irregularities, therefore important for EDIS • The detailed part of services, supplies and works are rather similar to the NPG 72

GGAPP Purpose • To make the procurement follow EU subsequent directives • To make GGAPP Purpose • To make the procurement follow EU subsequent directives • To make the procurement fully compliant with WTO rules and regulations, especially Government Procurement Agreement provisions • To harmonise the best practices across countries on public procurement issues 73

New Concept – GPA Linkage • Government Procurement Agreement • Member states have all New Concept – GPA Linkage • Government Procurement Agreement • Member states have all signed multilateral agreement of the World Trade Organisation (WTO), which applies to the public tenders 74

New Concepts – OJEU and PIN • Instead Europeaid web page, all the tenders New Concepts – OJEU and PIN • Instead Europeaid web page, all the tenders are published in the Official Journal • http: //ted. publications. eu. int/official • Instead of Global Tender Forecast – Prior Indicative Notice (PIN) • PIN must be sent to OJEU between 52 days – 1 year before contract notice • PIN will be published within 12 days (5 days in case of urgency) • Published in any of the official languages, short summary in the other community languages 75

New Concept – CPV Coding • Common Procurement Vocabulary - EU reference nomenclature applicable New Concept – CPV Coding • Common Procurement Vocabulary - EU reference nomenclature applicable to public contracts • Numbers, such as: • 75. 10. 00 – General Service Procurement for Administration • In format: • . - . . • If necessary, then also other (NACE/ CPA/ CPC) codes could be used 76

New Concept - SDR • Instead of EUR currency, GGAPP refers to SDR • New Concept - SDR • Instead of EUR currency, GGAPP refers to SDR • (Yesterday 1 SDR= 1. 2261 EUR) • http: //www. imf. org/external/np/fin/rates/rms_sdrv. cf m • Because of GPA linkages 77

GGAPP Thresholds Contracting Authority Supplies Dir. 93/36 Services Dir. 92/50 Works Dir. 93/37 Central GGAPP Thresholds Contracting Authority Supplies Dir. 93/36 Services Dir. 92/50 Works Dir. 93/37 Central government bodies listed in Annex 1 of the GPA & their successors € 154 014* (SDR 130 000) € 154 014** (SDR 130 000) € 5 923 624 (SDR 5 000) Regional and local authorities and bodies governed by public law € 236 945 (SDR 200, 000) € 236 945 (SDR 200 000) € 5 923 624 (SDR 5 000) € 200 000*** € 5 000 € 750 000 € 80 000 € 5 000 € 1 000 Contracts subsidised for the most part by contracting authorities Indicative notices Small lots € 750 000 78

GGAPP Procurement Procedures • Regular procedures • Open procedure • Restricted procedure • Negotiated GGAPP Procurement Procedures • Regular procedures • Open procedure • Restricted procedure • Negotiated procedure(s) – with or without call for competition • Below EC thresholds • Simplified open procedure • Simplified restrictive procedure • Negotiated procedure • Direct procurement 79

Threshold-Procedure Usage • GGAPP gives more flexibility in terms of deciding between usage of Threshold-Procedure Usage • GGAPP gives more flexibility in terms of deciding between usage of the different procedures either above or below EU thresholds: • “All service contracts at or above the EU threshold may be awarded by an open procedure or by a restricted procedure following publication of a contract notice as laid down in Section 1. ” 80

GGAPP New Section – 2. Procurement Planning • Definition of the needs for purchase GGAPP New Section – 2. Procurement Planning • Definition of the needs for purchase • Identifying the stakeholders of the purchase • Identifying the regulations, standards, licenses, approvals • Feasibility analysis • Cost-benefit, affordability, financing options • Choice of procurement procedure • Decision on the precise acquisition needs • Organisation of tender preparation • Determination of the specifications/ requirements • Selection criteria determination • Award criteria determination • Tender document preparation itself 81

GGAPP New Section – 3. Tender Proceedings • Organisation of tender proceedings • Principles GGAPP New Section – 3. Tender Proceedings • Organisation of tender proceedings • Principles of organising the work of Evaluation Committee • Tender validity period • Tender guarantees • Two-envelope system • Submission-receipt of tenders/ requests to participate • General principles of tender opening • General principles of tender clarifications • General principles for suspension or cancellation of tendering • General principles for contract modifications 82

GGAPP – Evaluation • Specific competences may be awarded points for such elements as GGAPP – Evaluation • Specific competences may be awarded points for such elements as very high qualifications related to the tender, geographical connections with other experts, particular motivation in the requirements of the tender, etc • Every EVCO member must be able to: • Demonstrate a working proficiency of the language in which the tenders are submitted • possess the technical and administrative capacities necessary to give an informed opinion on the tenders • EVCO members make recommendations to CA 83

GGAPP – Evaluation • More freedom to ask for additional information from tenderers, if GGAPP – Evaluation • More freedom to ask for additional information from tenderers, if this is necessary • However, handling the information received from tenderers is more strict than in NPG • Before signing the contract – 15 days for waiting for potential complaints • Tenderer has 15 days to sign the contract (instead of 30) 84

GGAPP – Evaluation • Info on contract signature to OJEU has to be sent GGAPP – Evaluation • Info on contract signature to OJEU has to be sent within 48 days (previously no deadline) • Evaluation report is still a confidential document that cannot be disclosed, but as an additional feature it is possible to hand it to competent judiciary authorities in court cases • For works the possibilities of evaluation are: • Lowest price • Economically most advantageous offer 85

GGAPP – Checking Tenderers’ Background • There is much more flexibility and room to GGAPP – Checking Tenderers’ Background • There is much more flexibility and room to ask for various means of proof in order to clarify the financial standing, licences, product quality etc, especially in cases of supply contracts: • Look at page 78 for list of possibilities • The list of last 5 years of construction works carried out is needed (in case of works tenders, of course ) 86

GGAPP – Other Principles • Usage and references to standards – evaluators must make GGAPP – Other Principles • Usage and references to standards – evaluators must make sure that if the requirement of tender documents refers to one set of national standards, but a company of different country has offered their national standard, then the compliance check must be made • The duration of contracts should not exceed 3 years in case of extensions or additional services (even if granted through another financing memorandum/ financing sources) 87

GGAPP Consultant Services – Negotiated Procedure • Negotiated procedure can be used with prior GGAPP Consultant Services – Negotiated Procedure • Negotiated procedure can be used with prior publication: (a) In the event of irregular tenders or tenders which are unacceptable. (b) In exceptional cases where the nature of the services or the risks attaching thereto do not permit prior overall pricing. (c) In the case of services as the nature of the services to be provided is such that contract specifications cannot be established with sufficient precision to permit the award of the contract by selection of the best tender according to the rules 88 governing open or restricted procedures.

GGAPP Consultant Services – Negotiated Procedure • Negotiated procedure can be used without prior GGAPP Consultant Services – Negotiated Procedure • Negotiated procedure can be used without prior publication if: • No appropriate tenders received • For artistic / intellectual property reasons there is only 1 service provider • Extreme urgency • Contract following design contest • Additional services (max 50%) • Repetition of services 89

GGAPP Supplies and Works – Negotiated Procedure • Same principles apply as in Consulting GGAPP Supplies and Works – Negotiated Procedure • Same principles apply as in Consulting Service cases, but wording and application are somewhat different • Due to different amounts and thresholds in question • Due to more “local” nature of works projects 90

GGAPP Consultant Services – Shortlist • Minimum 5 companies (instead 4 -8) • If GGAPP Consultant Services – Shortlist • Minimum 5 companies (instead 4 -8) • If no 5 is received, can continue if there is no threat of no competition in the second round 91

GGAPP General Annexes (A) • A 1 Definitions – new version with many old GGAPP General Annexes (A) • A 1 Definitions – new version with many old terms, but even more of them are new • A 5 Forms for the Official journal S, EC Procurement directives – completely new annexes for the submission of information to OJEU instead of Europeaid • A 8 Contract notification letter – more thorough than before 92

GGAPP Service Annexes (B) • B 1 Prior indicative notice (PIN) – new • GGAPP Service Annexes (B) • B 1 Prior indicative notice (PIN) – new • B 2 Contract notice – new • B 3 Prior indicative notice for simplified restricted procedure – new • B 4 Standard application form for low value contracts – new • B 9 Contract award notice – new • Other annexes have minor adjustments 93

GGAPP Supply Annexes (C) • C 1 Prior indicative notice (PIN) – new • GGAPP Supply Annexes (C) • C 1 Prior indicative notice (PIN) – new • C 2 Contract notice – new • C 9 Contract award notice – new • Annexes C 4 and C 8 have minor adjustments 94

GGAPP Works Annexes (D) • D 1 Prior indicative notice (PIN) – new • GGAPP Works Annexes (D) • D 1 Prior indicative notice (PIN) – new • D 2 Contract notice – new • D 9 Contract award notice – new • Annexes D 3, D 4, D 7 and D 8 have minor adjustments 95

Thank you for your attention! Any additional questions: www. rillo. ee Thank you for your attention! Any additional questions: www. rillo. ee