Professional Documents
Culture Documents
Overview
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What is the PRAG?
Practical Guide to procurement and grant award
procedures for European Union external actions
• http://ec.europa.eu/europeaid/prag
https://myintracomm.ec.europa.eu/budgweb/EN/leg/finrules/Pages
/financial-regulation.aspx
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The PRAG and all related contractual annexes are available for
consultation and download. Previous versions are also accessible.
Core principles of procurement
- Transparency
- Proportionality
- Sound financial management
- Equal treatment and non-discrimination
- Avoidance of any conflict of interests
- Non-retroactivity
Why?
2 interests:
- Contracting Authority: gets a good deal
- Contractors: get a fair chance to compete for the contract 8
Which procedure for which amount?
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Procurement procedures with publication
1. Open tender
Any operator can send a bid/proposal. It is a one phase
procedure.
2. Restricted tender
Any interested applicants may apply to participate, but only
selected ones will be invited to submit an offer following the
results of the selection phase (selection criteria). There are
therefore two phases in the restricted procedure.
International => OJEU, DEVCO website, any appropriate media
Local => National gazette, DEVCO website, any appropriate media
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Funding and tender opportunities
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Searching for procurement notices
Alternatively, tenders above the thresholds for international tender
procedures are also published on TED which is a supplement to the OJEU
Procurement procedures without publication
1. Simplified procedure (ex competitive negotiated procedure)
/Single tender procedure
The contracting authority invites at least three/one candidate(s)
of its choice to submit tenders. Shorter deadline for tendering.
2. Negotiated procedure
The contract is awarded directly to a company/consortium
following a negotiation. It is used in defined cases, such as:
• Following an unsuccessful tender
• Extreme urgency or operations carried out in crisis situations
• For the repetition of similar supplies/services/works
• Secret contracts, cases of monopoly, etc.
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Other important rules
- Exclusion criteria
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Exclusion criteria
• B) Documentary evidence
• In the case of restricted procedures for services, the
supporting documents must be sent by all shortlisted
candidates together with the tender and verified by the
contracting authority before signature of the contract with
the successful tenderer(s).
• In restricted procedures for works, these supporting
documents must be sent by all candidates together with the
application. Evidence of non-exclusion must be verified for
all candidates invited to tender. In addition, the tenderers
and candidates must certify that the situation has not
altered since the date of issue of the evidence.
• See PRAG 2.6.10.1.3 for satisfactory evidence to be
provided. 19
Documentary evidence
Please indicate on each document the name of the exclusion criteria they refer
to
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Selection criteria
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Selection criteria
Example: service contract worth 600 000 € of 2-year duration
for automated customs systems
• Professional capacity
• Technical capacity
at least 1 contract of at least 500 000 € in the fields of automated customs
systems and/or computerised transit system
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Award criteria
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• Main steps of procurement procedures
1. Publication*
2. Shortlist**
3. Tender launch***
4. Tenders received
5. Evaluation
6. Contract Award
7. Standstill Period
8. Contract Signature
* Not for competitive negotiated, single tender, negotiated procedures.
** Only international restricted procedures.
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*** Not for open procedure.
• Time Line for Service Contract - international restricted
Contract
Notice
30 days Tender invitation
50 days Award of
contract
Standstill period
Signature
of contract
Evaluation
Short List
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3 6
Evaluation
Normally in 5 phases:
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SERVICES
Service contract:
Contract between a service provider and the Contracting
Authority for the provision of services such as technical
assistance or studies
Technical assistance:
The service provider is called on to play an advisory role, to
manage or supervise a project, or to provide the expertise
specified in the contract (generally a fee-based contract)
Studies:
It includes studies for the identification and preparation of
projects, feasibility studies, economic and market studies,
technical studies and audits (global price contract)
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Types of service contracts
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Reminder: novelties for procurement since FR
2018
• Possibility to ask clarifications on the contract notice,
provided the Contracting Authority has indicated a
functional mailbox
• System of submission of applications and offers aligned
to the one in force in internal procedures (sent before
deadline vs arrived before deadline)
• Candidates included in the lists of EU restrictive
measures (see Section 2.4. of the PRAG) at the moment
of the award decision cannot be awarded the contract
(not from FR but Council Decision; see website
sanctionsmap.eu).
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Novelties in PRAG 2020
• Publication of contract notices and other
procurement related publications:
• As from 1st August 2020, DEVCO, NEAR and FPI have adopted the
same corporate system for publication as all other DGs and
Agencies, namely PPMT (“Public Procurement Management Tool”).
• As a consequence, new Contract Notices (including Prior
Information Notices and Contract Award Notices) and Calls for
Tenders will be published in TED and F&T (and no longer on
EuropeAid).
• The related Tender Dossiers will also be uploaded in PPMT.
• A single set of templates for all procurement related notices is
now used (PRAG annexes A5a to A5g) and replaces the former
notices that were specific to each contract type (ser, sup, wks). 34
Funding and tender opportunities
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Searching for procurement notices
Alternatively, tenders above the thresholds for international tender
procedures are also published on TED which is a supplement to the OJEU
Novelties in PRAG 2020
• The reference period for technical & professional capacity was aligned in the PRAG
2018 with the provisions of point 20.2 (b) (i) and second subparagraph of Annex I to
the FR, which were consistent in that regard since the 2012 rules of application.
• The reference period as reflected in PRAG 2020 is by default set at 3 years, except
where, in order to broaden the access of economic operators to procurement
opportunities, the Contracting Authority wishes to extend this reference period
beyond three years.
• The PRAG has therefore included the possibility to take a longer period into account.
This has been highlighted in the PRAG and in point 18 of the annex complementing
the contract notice, named “additional information about the Contract Notice” (PRAG
Annex A5f).
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Novelties in PRAG 2020
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Novelties in PRAG 2020
▪ Declaration on honour: PRAG Annex A14 is
now split into two different annexes: A14a for
procurement and A14b for grants
▪ Capacity providing entities: PRAG 2020 also
further details the obligations of capacity-
providing entities when they provide the technical
or financial capacity for a tenderer to meet the
selection criteria.
▪ Prior information notice (PIN): The
publication of the prior information notice
becomes optional, although still recommended.
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What’s next?
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What’s next
• PRAG 2021
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Take part!
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What if my company does not fulfill the
selection criteria?
• 46
Sub-contracting
Subcontracting must be indicated by the main
Contractor to the Contracting Authority:
- At tendering stage: in the tender (if known)
- During the implementation of the contract: for
prior autorisation.
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• Common mistakes made by tenderers and
applicants (1)
Administrative reasons
• Late dispatch
• Tender guarantee missing or not in right format
• Incomplete documentation
• Not in accordance with templates
• Tenderer/applicant/member of consortium/sub-contractor
not eligible
• Offer not signed (tender submission form)
• Offer not in the currency/language required
• Selection criteria not fulfilled
• Financial offer not in a separate envelope or visible in the
technical offer (service contracts) Not a reason for rejection since PRAG 201852
• Common mistakes made by tenderers and
applicants (2)
Technical reasons
In Services:
• Experts do not have the required experience/qualifications
• Copy and paste of terms of reference
• Experts not available during required dates
• Unclear methodology
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Some recommendations and
Suggestions (1)
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Some recommendations and
Suggestions (2)
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Some recommendations and
Suggestions (3)
DON'T:
• Contact the Contracting Authority / EU DEL concerning a
Call for Tenders outside the communication channel opened
for this purpose
• Try to influence the outcome of the procedure
1. EC-EuropeAid-Framework-Contracts-Projects
https://www.linkedin.com/groups/2953810
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Questions?
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