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This guide provides information on working with third parties and other sensitive relations in a business project, ensuring transparency, equal treatment, and best value for money.
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Who ? Works under business conditions with profit purpose Not subordinated to norunder supervision of beneficiary Not anotherbeneficiary Not an affiliate In What Conditions ? A limited and non core part of the project Not R&D Not the coordinator’stasks Tasks and amountindicated and justified in technicalannex Beneficiaryremainsreponsible If Intellectuel Property , it must belong to beneficiary Best value for money, transparency and equaltreatment Severalbids (or public procurement) Except for pre-existingframework agreement 2. Subcontracts
3.Third parties carrying part of the work under special clause 11 • Who ? • EEIG, Joint research unit, affiliates and groupings carrying out part of the work. Common error: 3rd party not identified in the GA with SC-11 • In what conditions • tasks to be indicated in Annex I • Beneficiary retains sole responsibility • Financially, third party treated as a beneficiary Common error: Costs claimed by the beneficiary whereas incurred by the 3rd party and recorded in its accounts.
4 & 5. Third parties making available resources • Who ? • Typicalexample : a third party givingaccess to itslab and lab staff. • Provided either free of charge or againstreimbursement • In what conditions can it be charged to the FCH JU ? 4. free of charge. • Indicated in Annex I • costs are recorded in the accounts of the 3rd party and auditable, • costs also declared as asreceipt. • Common errors: • receipts not declared, • indirect costs are claimed for personnel made available from a third party to a beneficiary but not working in the premises of the beneficiary. 5. Against reimbursement • Indicated in Annex I • Reimbursement recorded in the accounts of the beneficiary • Common error: • the 3rd party reimbursement includes not only costs but margin (profit)
Notion Purchase(or lease) of equipment. Transfer of ownership (control) from supplier to beneficiary GA conceived on the ideathat main costs = personnel costs whilepurchase of equipmentisancillary=> no clearrules But in demoprojectitcanbe the contrary => need to clarify the rules for purchasesabove 125.000 EUR Principleof best value for money For public entities: public procurementrules For privateentities if purchaseis >125.000 EUR Or requestthreeofffers Or use pre-existingframwork agreement Or anotherdetailedexplanation of the reasonsonly one possible supplier => In option 2 and 3: better to have a discussion with FCH JU before and to document whatisagreed to ensurelegalcertainty. 6. Supplier of equipment
Is it possible to purchaseequipmentfrom an affiliate or anotherbeneficiary? 2 scenarios: Purchasefromanotherbeneficiary or affiliateunderspecial clause 11 i.epurchasefroms.o. working in the project Purchasefrom an affiliatethatprovidesonly the equipment i.epurchasefroms.o. NOT working in the project Possible if Building the equipmentis not an objective of the project Otherwhise « builder » shouldbe a beneficiary & declareitscosts (not purchaseprice) Purchase complies withrules for « Best value for money » Additional information requirement When: Only If three conditions are fulfilled Purchasefromaffiliate Value of the puchase >1/3 of beneficiarycost Purchaseisprojectspecific Why: assessreasonabless of the « purchasingprice » (best value for money) What: breakdown of price per costscategories + possibility to requestsomeinvoicesfromthird parties NOT AN AUDIT 6. Supplier of equipment
How to declare the costs ? Costs to bedeclared by beneficiary in itsform C as « othercosts » Costs must reflectpercentage of use in the project Costs must reflectdepreciation 6. Supplier of equipment
The non profit principle Three kinds of receipts must be taken into account Transfers from third parties to the beneficiary if specifically attributed to the project and not reimbursed Financial transfers and contributions in kind Income generated by the project but not income generated by the use of foreground Interest generated by the pre-financing on account of coordinators , related to other beneficiaries share ≠FP7 At final payment the FCH JU contribution will take into account any receipts of the project For each beneficiary: the eligible costs ≥ FCH JU contribution + the receipts for the project 7. Receipts