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Opportunities EC external action contracts. Agneta Lindqvist EuropeAid Cooperation, Unit G7 General operations support Financial,contractual,legal affairs. Content. Who manages? Who does what? Practical Guide to Contract Procedures Procedures Eligibility Information tools
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Opportunities EC external action contracts Agneta Lindqvist EuropeAid Cooperation, Unit G7 General operations support Financial,contractual,legal affairs 12 June 2008
Content • Who manages? Who does what? • Practical Guide to Contract Procedures • Procedures • Eligibility • Information tools • Common mistakes by tenderers
Multi-annualProgramming Evaluation Identification Implementation Formulation Financing Who does what? DG Development DG External Relations EuropeAid Joint responsibility EuropeAid EuropeAid EuropeAid
Who manages? shared decentralised jointly centralised (Member (Third with international States ) Countries) organisations direct indirect bodies set up by bodies with a public executive service mission Communities agencies "(tradit. agencies) " "(nat. agencies)"
The Practical Guide WHY DO WE HAVE IT? • Harmonisation of procedures • Sole working tool • Coherent application of rules
Legal BasesBudget 9th EDF Council regulation Legal base of programme Financial Regulation Cotonou Agreement Comm regulation Implementing Rules ofFinancial Reg. ACP-EC Council regulation General Regulations & General Conditionscontracts Comm decision AIDCO Rules and Procedures Council regulation Financial Regulation AIDCO decision Practical Guides (Contract/Finance/Programme estimates) Instruction Notes
€ SERVICE SUPPLY < 10.000 (BUD), 5.000 (EDF) Single offer WORKS Exceptional procedures: -competitive dialogue (not applicable to EDF) -negotiated procedure
Publication • Forecast • Procurement Notice • Launch the procedure • Content legally binding • Deadline for reply • Defines criteria • Award Notice
Criteria • Exclusion Bancruptcy, taxes • Selection Financial, Professional, Technical capacity • Evaluation Quality of offer • Award Best value for money, Price
Point 21- Procurement Notice 1) Economic and financial standing of candidate The average annual turnover of the candidate must exceed 3 times the annualised maximum budget of the contract 2) Professional capacity of candidate At least 7 permanent staff members currently work in fields related to this contract. 3) Technical capacity of candidate a) The candidate has worked successfully on at least one project with a budget of at least €500.000 in fields related to this contract in the past three years. b) The candidate must have experience in … Annex b2
Service Contracts International Restricted Procedure • Publication * • Shortlist * • Tender launch • Tenders received • Evaluation* • Contract Award * • Contract Signature * * EC approval if decentralised ex-ante control
Shortlist • Selection criteria applied • 4-8 companies will be invited to tender • Result = Shortlist • Report approved by Contracting Authority
Tender Launch • Dispatch Tender Dossier • Unsuccessful candidates informed + publication of shortlist notice • Deadline for Submission = min. 50 days • Questions 21 days – Answers 11 days • Tenders are valid 90 days
Evaluation 5 phases • Tender Opening Session • Administrative compliance • Technical Evaluation • Financial Evaluation • Conclusion
Contract Award Committee recommends to • Award the contract to the best value for money OR • Cancel the procedure Contracting Authority must approve the evaluation report
Contract Signature • Inform successful Tenderer and ask for “Proof documents” • Prepare contract • Sign and send contract • PublishContract Award Notice • Inform unsuccessful Tenderers
Time Line Service Contract Procedure takes at least 6-7 months Contract Signature Contract Award Tender Launch 50 days Procurement Notice 30 days Forecast 30 days Evaluation Shortlist March June
Supply/Works Contracts International Open Procedure • Publication * • Tenders received • Evaluation* • Contract Award * • Contract Signature * * EC approval if decentralised ex-ante control
Supply/Works tenders • Open tender • All documents may be published • Deadline 30/60/90 days • YES/NO criteria • Public opening
Tools • EuropeAid webpage: new design, improved search engine for contract notices http://ec.europa.eu/europeaid/index_en.htm • Training/presentations • Helpdesk:europeaid-helpdesk-contrats@ec.europa.eu
EC External ActionsNew Instruments 2007 Geographical coverage • Pre-accession: IPA • Neighbourhood: ENPI • Development: DCI and EDF (10th EDF from 2008) • Industrialised countries: ICI General coverage • Thematic programmes (included in DCI) • Human rights: EIDHR • Stability: IFS • Nuclear safety: NSI • Humanitarian aid and Macro-financial aid
Eligibility • Member States • EEA • Accession countries • Beneficiary countries of the programme • International Organisations • Reciprocity • Natural and legal persons • Origin same as eligibility for nationals
Common mistakes made by candidates, tenderers What can go wrong?
Administrative reasons • Late arrival • Incomplete documentation • Not in accordance with templates • Lack of original documents or required translations • Not signed • Lack of or copy of Tender Guarantee (Supplies and Works) • Tenderer/Applicant/partner not eligible • Financial offer notin separate envelope (Service)
Technical reasons Service: • Experts are not available on required dates • Experts do not have the required experience • Copy and paste of Terms of Reference Supply, Works: • Offer not exactly compliant with Technical Specification • Ineligible origin of supply
My company does not fulfill the selection criteria…. -Form a consortium (the consortium as a whole must meet the criteria, not each individual company)! -Try and gain relevant experience as consortium partner or subcontractor! -An economic operator may rely on the capacities of other entities for a particular contract (undertaking)!
Volume of assistance Commitments(2007) by region and theme, million euros • ENPI, South1,219 • ENPI, East443 • DCI, Latin America338 • DCI, Asia829 • DCI, 5 thematic programmes 652 • EDF incl. S.Africa, sugar, bananas3,775 • EIDHR, INSC, IfS + other434 Total 7,690
Summary • Who manages? Who does what? • Practical Guide to Contract Procedures • Procedures • Eligibility • Information tools • Common mistakes by tenderers