Procurement rules Joint Technical Secretariat Beneficiary Seminar What

Procurement rules Правила проведения закупок Joint Technical Secretariat Beneficiary Seminar Семинар для бенефициариев

What is procurement? Procurement is the timely acquisition of goods, works, and services, which respects the following condition in accordance with the Article 1 and 2 of Annex IV to the Grant Contract: - the objectives of organisation are concerned; - fairness, integrity and transparency through competition; - economy and effectiveness; - best value for money; - avoid any conflicts of interest. 2

ATTENTION! Project Beneficiaries and partners form Estonia and Latvia, as well as Russian Federation public entities, should follow their NATIONAL PROCUREMENT PROCEDURES and additionally follow the rules of nationality and origin set out in Article 2 of Annex IV to the Grant Contract. Russian Beneficiaries and partners that are not public entities must respect Article 1 to 7 of Annex IV to the Grant Contract. It is recommended to use PRAG (chapters 2 to 5 and templates) as a model of “best international practice” (Article 3 of Annex IV). 4

Good procurement principles 1 Strict rules should be followed in each procurement procedure in order to acquire best price-quality ratio. - No discrimination – against product, services, suppliers, contractors or service providers on grounds of nationality, as long as the rules of origin and nationality are respected. - Fair competition – all tenderers must be given the same information and the same opportunities to come up with winning bids. - Clear specification – tenderers cannot complete effectively unless they know precisely the requirements of the purchaser.

Good procurement principles 2 - Effective publicity (announcement) – particularly important for publicly funded procurement where, typically the purchasers are not experts in the field. This is where use of the internet is increasingly important. For publications in the national or regional press the EU guidelines on visibility should be followed. - Adequate timescales – bidders are given sufficient time to respond to advertisements expressing an interest in the purchaser’s requirement, to respond to invitations to participate in the bidding and to prepare and submit their offers. (PRAG: 60 days for Supplies and 90 days for Works in international tenders, 30 for Supplies and 60 for Works in local tenders)

Good procurement principles 3 - Use of relevant objective criteria – it is crucial that the criteria used for the elimination of unsuitable candidates, the selection of participants in contract award procedures and the award of contracts on the basis of the offer(s) economically most advantageous to the purchaser are both objective and relevant to the requirement. - Adequate records - it is essential to be able to justify decisions later on if there any challenges or doubts about the decisions that were made.

General rules of procurement Every procurement selection criteria: procedure should follow two - the eligibility check of the tenderer or candidate to take part in the procure needs to be carried out in order to identify possible grounds for exclusion in advance; - criteria for assessing its financial, technical and professional capacity. economic,

Basic steps in procurement - Development of Procurement Plan; - Development of technical Reference (if nessesary); specification or Terms of - The Call Forwarding / Publication/ Request for offers; - Receiving tenders from providers/ contractors; potential suppliers/ service - Making the decision on the offers; - Notification of the decision to the responsible bodies and possible contractors; - Document issued by the responsible authority/authorities confirming that procurement documentation is in compliance with the requirements set in the national legislation (if applicable); - Contract procedure with the winner of the procurement.

Types of contracts Service contracts: - Studies: identification and preparation of projects, feasibility studies, economic and market studies, technical studies, evaluations and audits - Technical assistance: advisory role, to manage or supervise a project, or to provide the experts specified in the contract Supply contracts: - Purchase, leasing, rental or hire buy) of equipment (with or without option to - A contract for the supply of equipment and, incidentally, for installation Works contract: - The execution, or both the execution and design, of works - Outcome of building or civil engineering works 16

Mixed contracts Mixed (hybrid) contracts (PRAG Article 2. 4. 9): - Contract between the Beneficiary or partner and a service provider, supplier or construction firm covering two or more of the following: works, supplies and services. - Beneficiary or partner determines the procurement procedure to be used depending on which of the components (works, supplies or services) prevails. This assessment must be made on the basis of: - the value, and the strategic importance of each component relative to the contract as a whole. 18

Thresholds for procedures- overview SERVICES SUPPLIES WORKS ≥ € 200, 000 Internation al restricted tender procedure < € 200, 000 but > € 10, 000 Competitive negotiated procedure < € 150, 000 ≥ € 150, 000 but Internation ≥ € 60, 000 al open Local open tender procedure <€ ≥€ 5, 000, 000 but Internation al ≥ € 300, 000 open tender Local open procedure tender procedure < € 60, 000 but > € 10, 000 Competitive negotiated procedure ≤ € 10, 000 Single tender < € 300, 000 but> € 10, 000 Competitive negotiated procedure 20

Rules of Nationality and Origin ALL Beneficiaries and partners have to follow rules of nationality and origin include in Article 2 of Annex IV of the Grant Contract „Procurement by grant Beneficiaries in the context of European Union external actions”, even though they can follow national procurement rules as provided for under Article 8. 2 of Annex IV. Project partners from Russia should follow the rules set in the Article 4. 8 of the Agreement between the Government of Russian Federation and the European Community on financing and implementing the Cross Border Cooperation programme "Estonia Latvia - Russia".

Nationality and Origin Rules eligible countries Annex. IV: award of procurement contracts is open to all natural and legal persons of EU Member States and : - ENPI countries: Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova, Morocco, Palestinian Authority of the West Bank and Gaza Strip, Russian Federation, Syria, Tunisia, Ukraine - IPA countries (pre-accession): Croatia, The former Yugoslav Republic of Macedonia, Turkey, Albania, Bosnia, Montenegro, Serbia, including Kosovo - EEA Member States: Iceland, Liechtenstein, Norway - International Organisations

Application of national rules of Rules of Nationality nationality and origin The national rules of nationality and origin of the co-financing Member State can be applied under the following conditions: • -the national rules in question do not restrict the conditions of eligibility and origin as defined in Article 21. 1 of the ENPI Regulation [Regulation (EC) No 1638/2006]; • -the project in question is co-financed by a public entity in an EU Member State. Evidence of this co-financing is to be submitted by the JMA to the Commission upon request. 26

Rules of Nationality - Tenderers must state, in the tender, the country of which they are nationals by presenting the usual proof of nationality under their national legislation. - This rule does not apply to experts proposed by service providers taking part in tender procedures or service contracts financed by the grant. - All countries mentioned in previous slide are acceptable, REGARDLESS OF THE PROGRAMME ELIGIBLE AREA! 27

Rules of Origin ENPI Regulation 1638/2006 art. 21. 6: ALL supplies and materials purchased under contracts financed shall originate in a EU Member State or ENPI, IPA, EEA country (previous slide) - Includes the materials to be used for the construction - Does not apply to Contractor’s equipment to be used during the construction - Contractors must present proof of origin no later than when the first invoice is presented, for equipment and vehicles of a unit cost on purchase of more than € 5 000. - The certificate of origin must be made out by the competent authorities of the country of origin of the supplies (Chamber of commerce…) and must comply with the rules laid down by the relevant EC legislation (see next slide). 29

Rules of origin, customs The term ‘origin’ is the ‘economic’ nationality of goods in international trade and is defined in the relevant EC legislation on rules of origin for customs purposes (Customs Code, Council Regulation 2913/1992): - Goods originating in a country shall be those wholly obtained or produced in that country (Article 23) - Goods whose production involved more than one country shall be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture (Article 24) 31

Nationality and origin, exceptions Exceptions may be justified by: - Unavailability of products and services in the markets of the countries concerned - For reasons of extreme urgency - If the eligibility rule were to make the realisation of a project, a programme or an action impossible or exceedingly difficult - NOT applicable just because a product of ineligible origin is cheaper than the EU or local product! - By derogation only (request to JTS/JMA) 33

Important - Follow national procurement procedures rules (consult with the national office of Procurement) - If national rules not for you, follow PRAG, as a model of “best international practise” (Article 3 of Annex IV) - Follow the rules of nationality and origin - The contract must be awarded to the most economically advantageous tender in accordance with the principles of transparency, fair competition for potential contactors, and taking care of avoiding any conflict of interest. 35

Programmas nākotne. . Thanks for attention! Спасибо за внимание! 37