SUMMARY - Eureka Handbook - D2 Procurement... · 2018. 1. 25. · SUMMARY The Executive Board is...

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www.vinnova.se/EUREKAchair www.eurekanetwork.org @EUREKA_NETWORK #EUREKAse 4.4. EUROSTARS-2 IMPLEMENTATION OF THE EC EX-ANTE ASSESSMENT OF THE ESE: EXPANSION OF THE EXISTING ESE PROCUREMENT POLICY STATEMENT For approval For discussion For information SUMMARY The Executive Board is kept informed on the various modifications done in the section D.2 ” Procurement Policy”, according to the implementation of the recommendations from the Ex-Ante Assessment made by the Commission. Following the Commission view, some associated risks could arise from the way the procurement procedure in the ESE handbook is described and developed. The Commission stipulated that the tenderers could claim that the EUREKA Secretariat has not obtained sufficient relevant information in order to award contracts, and could claim that the lack of transparency and objectivity, at certain stages in the procurement process, is indicative or bias. The Commission recommended that the current procedures should be expanded to include different modifications, under a Procurement Policy Statement, and be presented to the Executive Board for their approval. The purpose of these amendments is to make the procedure of call for tender clearer and more transparent for every potential candidate with whom the ESE could contract in the future. PURPOSE OF THE AGENDA POINT The Executive Board will be informed on modifications made in the section 2.2 of the ESE Handbook and on its annexes 7, 10 and 11, in order to comply with the recommendations of the Ex-Ante Assessment made by the Commission. EXPECTED ACTION FROM THE DELEGATE The Executive Board is invited to approve the modifications made to the previous text. EXPECTED OUTCOME/RECOMMENDED ACTION The Executive Board approves the modifications. EXECUTIVE BOARD Stockholm, 11 May 2016 EUREKA doc. EB2016-01-05

Transcript of SUMMARY - Eureka Handbook - D2 Procurement... · 2018. 1. 25. · SUMMARY The Executive Board is...

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4.4. EUROSTARS-2 IMPLEMENTATION OF THE EC EX-ANTE ASSESSMENT OF THE ESE: EXPANSION OF THE EXISTING ESE PROCUREMENT POLICY STATEMENT

☒ For approval

☐ For discussion

☐ For information

SUMMARY

The Executive Board is kept informed on the various modifications done in the

section D.2 ” Procurement Policy”, according to the implementation of the

recommendations from the Ex-Ante Assessment made by the Commission.

Following the Commission view, some associated risks could arise from the

way the procurement procedure in the ESE handbook is described and

developed. The Commission stipulated that the tenderers could claim that the

EUREKA Secretariat has not obtained sufficient relevant information in order

to award contracts, and could claim that the lack of transparency and

objectivity, at certain stages in the procurement process, is indicative or bias.

The Commission recommended that the current procedures should be

expanded to include different modifications, under a Procurement Policy

Statement, and be presented to the Executive Board for their approval. The

purpose of these amendments is to make the procedure of call for tender

clearer and more transparent for every potential candidate with whom the ESE

could contract in the future.

PURPOSE OF THE AGENDA POINT

The Executive Board will be informed on modifications made in the section 2.2 of the ESE

Handbook and on its annexes 7, 10 and 11, in order to comply with the recommendations of

the Ex-Ante Assessment made by the Commission.

EXPECTED ACTION FROM THE DELEGATE

The Executive Board is invited to approve the modifications made to the previous text.

EXPECTED OUTCOME/RECOMMENDED ACTION

The Executive Board approves the modifications.

EXECUTIVE BOARD

Stockholm, 11 May 2016

EUREKA doc. EB2016-01-05

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www.vinnova.se/EUREKAchair www.eurekanetwork.org @EUREKA_NETWORK #EUREKAse

BACKGROUND

The ex-ante assessment on the ESE performed by Moores Stephens in November 2014

aimed at reporting to the EC on the ESE’s readiness to carry out the budget implementation

tasks in the indirect management mode with regard to the following pillars:

set up and functioning of an internal Control System

use of an accounting system providing accurate and reliable information

whether the ESE was subject to an independent External Audit

application of appropriate rules when the ESE provided financing from EU funds via

grants/prizes (Eurostars)

application of rules concerning procurement

Related to the 5th pillar and the concerns over the procurement policy, the Commission after

having described the rules of the EUREKA Secretariat related to the Procurement Policy,

decided to make several recommandations.

The Commission asserted that the procedures do not address essential procurement

subjects; transparency, objectivity and promoting effective communications with potential

suppliers:

a) Conflict of Interest declarations are not required by all parties involved in the bid

evaluation process.

b) The roles, function, responsibilities, composition and selection and approval,

operating rules selection criteria have not been described.

c) Communication mechanisms are not described for pre and post questions and

answers, and complaints received from suppliers.

d) Control procedures over physically security and confidentiality of all relevant

procurement documents.

e) Suppliers’ financial data requirements are being requested as part of the tender call

but this information requirement is not stipulated in the procedures.

f) The controls over the registering and transfer of data and documents received on line

to the Tender Evaluation Committee.

Description of the recommendations from the Commission :

”We recommend that:

the current procedures be expanded to include the above mentioned subjects, under a

Procurement Policy Statement, and be presented to the Executive Board for their approval.

The Entity might also consider utilising other associated organisations’ web platforms in

order to maximise the number of responses from potential suppliers

The Entity should expedite the development of changes to its information portals to improve

its communications with suppliers.”

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EUREKA Secretariat Handbook

Introduction Part A EUREKA Network Environment A1 Introduction to the Network A2 The role of key components of the Network A3 The role of the EUREKA Secretariat Part B Staffing B1 Organogram and Lines of Accountability B2 Key roles and responsibilities B3 Decision Making Process B4 The staff appraisal process B5 Recruitment

B6 Employment Regulations B7 Time sheets Part C Annual Resource Plan and Budgeting C1 Planning Cycle C2 Build up C3 Budgetary Responsibilities C4 Audit arrangements Part D Office Administration D1 General Office Administration D2 Procurement rules

D3 Management of invoices D4 Travel arrangements and expense reports

D5 Credit cards D6 Staffing administration D7 Financial administration

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D.2 Procurement rules1 D.2.1 General Principles and Best Practice These purchasing procedures of the ESE are based on the following general principles and best practice:

Obtaining good value for money through: - making an assessment of what the market can offer; - balancing the trade-off between quality and price; - ensuring that the amount of staff time – and- hence cost – spent on

purchasing is in proportion to the value of the goods or services purchased;

Ensuring that there is transparency in the purchasing process, so that decisions are clearly documented and can be understood after the event;

As a general principle if the item/service to be purchased is a considerable cost and/or important to the ESE’s core business a more formal and comprehensive procurement procedure is to be adopted. It is to be noted that the ESE being established under the Belgian law is subject to national rules for the public procurement2, which are followed by the ESE. Limits set hereunder should be strictly followed and not result in contract or purchase splitting. D.2.2 Bid evaluation documents D.2.2.1 Bid Evaluation According to procedures described for each threshold, a financial template has been created in order to present a bid evaluation (see O drive\Financial\PO Bid Evaluation) to the Financial Controller who should approve it (See Annex 10) to check the internal procedure. This Bid evaluation is mandatory for each purchase order / contract framework. D.2.2.2 Exceptional Procedure Sometimes it is not possible to look for different competitive quotes:

• Urgency (to be validated by Financial Controller and Head of the ESE) • Only one supplier will deliver the service (EBAN – conference, etc…) • Only 1 or 2 offers received after investigation

1 All figures referred to in this section are yearly threshold and VAT included. 2 See Annex 7 for a succinct presentation of the Belgium legal public procurement rules to which the

ESE is subject to.

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In case of exceptional situation duly described: A note to the file should be written in the bid evaluation template to justify this situation. This note should be signed by the Head of the ESE only (mandatory, no proxy). D.2.2.3 Conflict of Interest The members of the panel3 involved in the bid evaluation process shall avoid any conflict of interest by filing the conflict of interest Declaration (See Annex 11). 4 D.2.3 Procurement Guidelines for purchases of items/equipment and services in the ESE Next to the Belgian law, following thresholds are applicable:

1. Guidelines – Items/Services less than 1.000 Euros The procurement procedure for the purchase of a particular item/service should be based upon the following procedure:

Quotes should be sought from three suppliers. They should be handed in written and should be assessed by the staff member responsible for the purchase. A written report of the assessment and the decision should be kept on file. The bid evaluation is to be presented to the Budget Holder and the Financial Controller. Once reviewed, the purchase order should be signed by the Manager of the budget to which the expense will be charged or by the Head of the ESE.

2. Guidelines – Items/Services between 1.000 Euros and 14.999,99 Euros

Depending upon the frequency of the purchase of a particular item/service the procurement procedure should be as follows:

Frequently bought items/services require the set-up of a framework or a contract to be established, using the purchase procedure explained below.

Infrequent/one-off purchases should be purchased based upon the procedure explained below.

Quotes should be sought from between three to five suppliers. These should be asked for in writing, where it is clearly specified the performance standards, such as quality, timing and key outputs of the service or product sought for.

3 As a reminder, the employees of the ESE have signed a document on the conflict of interest. 4 Ex ante assessment Observation 1.a

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The quotes should be handed in written and should be assessed by the staff member responsible for the purchase. A written report of the assessment and the decision should be kept on file.

The bid evaluation is to be presented to the Budget Holder and the Financial Controller. Once reviewed, the template and purchase order/contract should be presented to the Head of the ESE.

The Head of the ESE approves the outcome of the quotes prior to the formal order being sent.

3. Guidelines – Items/Services between 15.000 Euros and 29.999,99 Euros

Depending upon the frequency of the purchase of a particular item/service the procurement procedure should be as follows:

Frequently bought items/services require the set-up of a framework contract to be established, ideally using the formal tendering procedure set out below.

Infrequent/one-off purchases should be purchased based upon the formal tendering procedure set out below.

All purchases (contract or one-off) should be set up through a formal tendering exercise, following the formal tendering procedure:

1. A written specification of the goods or services should be

developed. This should include clear performance standards, such as quality, timing, key outputs, the criteria against which tenders will be assessed, and identification of a contract manager within the ESE.

2. Between three and five bidders should be invited to tender

for the work. These bidders should be selected on the basis of past good performance or recommendation from other organizations. In practice most suppliers are likely to be based in Belgium but where location is not relevant to the supply of the goods or services, the Head of the ESE may decide to ask the members of the EUREKA network to propose potential suppliers; providing evidence of their performance against the criteria contained in the specification. As the person with overall responsibility for the purchasing at the ESE, the decision of the Head of the ESE will be final.

3. Written tenders will be sought from the bidders covering

price, and evidence of capability to meet the performance criteria, such as references from existing customers, or past performance in contracts with the ESE.

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4. The tenders will be evaluated against the assessment criteria’s (selection and awards criteria’s) which are defined in advance by the ESE in the call for tender and the findings documented and recorded on file. A certain set of suppliers’ financial data requirements are also requested as part of this procedure.5

The bid evaluation is to be presented to the Budget Holder and the Financial Controller. Once reviewed, the template and purchase order/contract should be presented to the Head of the ESE.

The Head of the ESE approves the outcome of the tender prior to the formal order or tender acceptance letter being sent.

4. Guidelines – All Items/Services equal or over 30.000 Euros a) The ESE has decided on top of the Belgian legislation, which ESE applies, that all items/services above 30.000 € should be purchased following the formal tendering procedure based on Belgian rules of public procurement through the site “enot.publicprocurement.be”. Those rules applied by the ESE are described in the Annex 7. b) In the call for tender document will be defined all information on how to award contracts in order to show maximum transparency and objectivity. Indeed, all the selection, exclusion and awards criteria’s decided by the ESE are clearly defined and developed in the call for tender document. Among others, suppliers are being requested to provide financial data requirements.6 Here is listed the set of the different criteria’s . *Regarding the exclusion criteria’s:

Mandatory criteria’s

- Participation to a criminal organisation - Corruption - Fraud - Money laundering

Facultative Criteria’s

- Bankruptcy and bankruptcy petition - Professional morality - Professional misconduct - Payment of taxes and social contributions - False declaration

5 Ex ante assessment Observation 1.e 6 Ex ante assessment Observation 1.e

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*Regarding the selection criteria’s (all mandatory):

-Requirements regarding the economic and financial capacity -Requirements regarding the technical capacity - The ability to carry out the occupational activity

*Regarding the awards criteria’s (all facultative):

-Quality -Price -Technical value -Profitability -Aesthetic and functional characteristics -Environmental characteristics -Social considerations -Cost of using -Technical assistance and after sales service -Delivery date and delay of delivery or execution -Guarantees over spares materials -Security of supply

These awards criteria’s can be measured depending on the importance given to them by the procuring authority. c) It happens that candidates may develop some questions to the ESE during the period of submission and after the submission of tenders. In this respect, and according to the principle of equality, each pre and post question and answer that might be raised related to a tendering process will be published on the website eNotification as FAQ (and on the EUREKA public website www……..). This will improve the communication with potential tenderers with maximum transparency, as the questions and answers are therefore available for each candidate. It also centralise all the relevant information for the potentials tenderers.7 d) In case of complaint by any tenderer, the same procedure is applied. 8 e) After analysis of tenders and proposal for selection from the ESE, the Chair’s approval is required (see below D.2.5. for the process of obtaining chair approval) before the signature of the contract.

7 Ex ante assessment Observation 1.c 8 Ex ante assessment Observation 1c

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f) Derogations : Sometimes it is not possible to look for different competitive quotes. In this case, a note to the file will always be required prior to the purchase, duly explaining and motivating the rationale of the procedure adopted. For each note to the file, the approval by the Head of the ESE is to be sought prior to the purchase, as the ESE has to act further to the principle of transparency and good corporate governance. Here are the different situations on which exception should be based:

• Urgency (to be validated by Financial Controller and Head of the ESE) • Only one supplier will deliver the service (EBAN – conference, etc…) • Only 1 or 2 offers received after investigation • In case of exceptional situation duly described.

In case of exceptional situation duly described: A note to the file should be written in the bid evaluation template to justify this situation. This note should be signed by the Head of the ESE only (mandatory, no proxy). The Chair’s approval is required. g) Administrative obligations The publication on the site eNotification will be done by Financial Controller (back-up is Accounting Officer) and the publication on the public website will be done by the Communication Department. The ESE will always inform all HLR and NPC about the publication on the site eNotification and on the public website. For critical matters, the Executive Board will always be informed prior the starting of any procedure. D.2.4 Guidelines – Revision of contracts and frameworks Contracts and frameworks should be reviewed annually and re-bid or formally re-tendered (depending on the threshold) at least every three years. A yearly evaluation of the purchases made from each supplier should be made by Financial Controller to verify if a framework or contract should be set-up.

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D.2.5 Chair Approval Process In the case of major purchases, which are individually above 30.000 EURO or which involve a framework contract likely to exceed this value, the approval of the Head of the ESE should be countersigned by the current Chair. Approval from the Chair will not normally be withheld where the expenditure:

Is planned and estimated in the approved Annual Resource Plan;

Arises from an approved decision agreed within an NPC/HLG meeting; and/or

Is unplanned expenditure which, following a written request for approval via the Chair to NPCs/HLGs, receives no objections. At least 10 days should normally be allowed for NPCs/HLRs to respond.

For all requests for Chair approval the following information should be provided:

The nature of the request (i.e. for goods/services, part of a framework contract, etc.);

A summary of the rationale for that expenditure (and where relevant a reference to the Annual Resource Plan) including a description of the need for/demand for items/services;

Authority source for the expenditure (i.e. whether it is a HLG/NPC decision, business plan or written procedure consultation);

Relevant ESE budget headings;

Total amount (including its make-up where appropriate) to be approved; and

Summary of the tendering process adopted. All the above should be covered in a one A4 page only. D.2.6 Control procedures D.2.6.1 “Control procedures over physically security and confidentiality of all relevant procurement documents.” 9 Regarding the confidentiality requirement, the ESE will obtain confidentially agreements from external participants in order to secure all the relevant information exchange between the ESE and these participants. Regarding the physically security requirement, all the relevant documents exchange during the procedure that have a confidential nature, should be kept in the data room of the ESE dedicated to this purpose;

9 Ex ante assessment Observation 1.d

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D.2.6.2 “The control over the registering and transfer of data and documents received on line to the Tender Evaluation Committee.”10 A control procedure over the registering and transfer of data of documents received on line will be put in place. D.2.7 Organisation of the panel11 The panel is composed of a president of the panel, and also a minimum of four members including the secretary of the panel, who is in charge of writing the different reports. This includes the report on the opening of the offers, the reports on the exclusion criteria’s and on the selection criteria’s, and lastly the report on the attribution and the final ranking. As a general principle, the Head of the ESE appoints the members of the panel upon a proposal by the manager responsible of the call for tender. The president of the panel is either nominated by the Head of the ESE, either by its members. The HLRs could always participate in the bid evaluation process if they wish so. The set of criteria shall be taken into consideration by the members of the panel.

10 Ex ante assessment Observation 1.f 11 Ex ante assessment Observation 1.b

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ANNEX 7: BELGIAN REGULATION RELATIVE TO THE PURCHASE

OF MATERIAL OR SERVICES BY EUREKA12 1. Principle: “EUREKA is responsible for ensuring that its members obtain the best possible value for their money” 2. Applicable law a) The EUREKA AISBL being founded according to Belgian law and being established in Belgium it is subject to Belgian law. Note that the acronym AISBL stands for international non-profit organisation based in Brussels. b) The AISBL being financed by public funds it is subject to public procurement legislation for all purchases including supplies13. c) The Belgian legislation of reference. Texts applicable for the contracts awarded from July 1st, 2013 onwards (Royal Decree of June 2nd, 2013 fixing the date of entry into force of the Law of June 15th, 2006 relative to public contracts and certain contracts for works, supplies and services and of its implementing Royal Decrees): - Law of June 15th, 2006 relative to public contracts and certain contracts for works, supplies and services; - Law June 17th, 2013 relative to motivation, information and rights of appeal in matters of public contracts and certain contracts for works, supplies and services; - Royal decree of July 15, 2011 relative to public contracts in traditional sectors; - Royal decree of January 14, 2013 laying down the rules of execution of public contracts and concessions of public works; 3. Existing procedures

a) Principles ruling different procedures -Principle of equal treatment (non-discrimination), -Principle of transparency (sufficient level of publicity of the contract’s conditions) and -Principle of competition modulated by a principle of adequation (you need several tenderers and their number has to be proportional to the amount of the contract).

b) Ordinary procedures

α) The allotment is a procedure to which the contracting authority can always use (discretionary choice of the authority independently of the amount of the contract).

12 This summary concerns only public procurement and does not address awards. 13 Article 2 of the Law of the June 15th, 2006 on public contracts and certain contracts for works,

supplies and services.

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The contract is awarded on the basis of the sole criteria of the price. Thus, the contract will have to be attributed to the tenderer offering the lower price, not applying this procedure is punishable. Two types of allotment exist: public procedure or restricted tendering procedure. Interestingly, when only a few versions of a given product exist on the market it is called a “standardised product”. Through, Belgian legislator is targeting the market of supplies for very specific technical material or high technology material. →Disadvantage: The only criteria of attribution being the price, the procuring authority cannot put forward the superior quality of a product in a given offer. β) The call for tender is a procedure which the procuring authority can always use (discretionary choice of the authority independently of the amount of the contract). The market is attributed on the basis of several criteria, for example the price, the technical value, the after-sales service, the warranties offered, etc. These criteria can be measured depending on the importance given to them by the procuring authority. The specifications have to figure in the contract and cannot be changed during the procedure14. Those criteria have to be linked to the object of the market and allow an objective comparison of the offers. This procedure takes place in a framework of rules which result in “a certain rigidity in the process of the awarding of the contract, as they do not allow for the offers to be modified after their opening”. The rules which have been formulated for that matter are precise and strict, they provide a framework to the degree of discretion of the procuring authority. Two types of call for tenders exist: public procedure or restricted tendering procedure15. The open procedure is characterised by two elements:

- Every company interested can present an offer

- The opening of the offers is public

The restricted procedure comprises an extra step: the selection of companies

- Any company can ask to take part in it

- The candidates are selected by the procuring authority (EUREKA in

this case)

- The companies selected present an offer

- The opening of the offers is made in the presence of the selected

companies which are willing to attend to it

The choice between the two procedures must be done before the publication of the call for tender and be precised in the contract’s specifications in order to grant the appropriate information and level of transparency towards the companies.

14 The criteria must be in accordance with the principles of free movement of goods, freedom of

establishment and freedom to provide services. 15 Article 3 of the Law of June 15th, 2006

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The choice of the procedure is more a question of strategy and will have no sensible influence on the final choice of the company. The open procedure is the most transparent of both procedures but requires more work for the procuring authority. The restricted procedure carries with itself a lighter work burden but is longer and comprises a risk of contestation during the selection of candidates if the published text is not clear enough. An open procedure without results allows in a later stage to carry a negotiated procedure (article 26.1.d) of the Law of 2006; see below exceptional procedures). c) Exceptional procedures

α) The negotiated procedure with prior publication is a procedure in which the contract is awarded on the basis the price criteria only, or on the basis of several attribution criteria. It is possible only if -the amount considered is less than 85.000 euro Excl. VAT -if the call for tender has been inconclusive -if there is a state of emergency16. It takes place in two phases: the procuring authority has, as an obligation, to publish a contract notice and to precise in this notice the minimal requirements in financial, economic and technical terms which the interested companies should comply with and the deadline for reception of the applications. Only the companies which will have been judged the most capable of executing the contract and which are not in an excluding situation (bankruptcy, tax arrears or debt to the ONSS…) are then selected (minimum three if there is a sufficient number of relevant candidates) and are in a second phase invited to provide an offer for a fixed date. The special contract specification has to be made available at the sending of the invitation latest.

β) The unpublished negotiated procedure is an exceptional and not formalised procedure. The procuring authority negotiates a contract with one or several competitors, in the respect of the principle of equal treatment (the demands of participation or the objectively comparable offers have to be treated in the same way). This procedure is only possible for the purchases which are less than or equal to 85.000 euro Excl. VAT17.

γ) The competitive-dialogue procedure is a procurement procedure in which every entrepreneur, supplier, or service provider can ask to take part and in which the procuring authority dialogues with the selected candidates, in view of developing one or several solutions adapted to answer to its needs and on the basis of which the selected candidates will be invited to bid (only applies to the traditional regime).

16 Article 26 of the Law of June 15, 2006 relative to public contracts and certain contracts of works,

supplies and services. 17 Article 26 Law of 2006

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This procedure is applied when a researched product does not exist on the market and has to be realised specifically for the needs of the entity. 4. Handling of the procedure a) Choice of the procedure There are no constrains on the choice of the procedure between the allotment (public or restricted) and the public procurement (general or restricted). On the other hand, the choice of the negotiated procedure with or without publication is permitted only in the cases foreseen by the Law of 200618. b) Publication: All contracting procedures require the prior publication of a contract notice. This publication has to take place inevitably in the Bulletin des Adjudications/Bulletin der Aanbestedingen (publication of public procurement notices) 19. The publication date affects the period during which companies can answer to the call for tender. This period cannot be less than 36 calendar days. - Online, the publication is free of charge. - When the contracts (for equipment or service) are higher than certain given amounts (207.000€ Excl. VAT), the publication has also to be made in the Official Journal of the European Union, S supplement20. - Only the unpublished negotiated procedure allows the contracting authority in cases foreseen by Law to contact with one or, if possible, several competitors in order to start negotiations. c) The phase of qualitative selection The qualitative selection phase allows the contracting authority to verify for every candidate or tenderer:

Its right of access (no definitive condemnation for participation in a

criminal organisation, corruption, fraud, or money laundering) ;

Its individual situation allowing to conclude that the company is not

in a situation of exclusion (no bankruptcy, payment of social security

contributions,…);

Its capacity to exercise a professional activity;

Its financial, economic, technical and/or professional capacity.

During a public allotment or a general call for tender, the information required in matter of qualitative selection is joined to the offer. During a restricted allotment, a restricted call for tender or a negotiated procedure with prior publication, this information is joined to the demand of participation.

18 Article 17, para. 2 and 3 of the Law of 2006 19 Advertising rules to be respected are to be found in the Articles 27 to 41 (supplies) of the Royal

Decree of January 8th, 1996 with regard to the traditional regime. 20 European Regulation n°1336/2013 adopted in December 13, 2013 in force from the 1st of January

2014.

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d) The evaluation of the offers In a public allotment and in a general call for tender the verification will be about:

The formal regularity of the offer (signature, joined documents,

absence of reserves,…) ;

The capacity of the company (does it comply with the minimal

criteria fixed for the qualitative selection?);

The analysis of the conformity of the works, supplies and services

offered with the special specifications of the contract and on the

appreciation of their value as attribution criteria.

6. Conclusion The order of events to be respected during a procedure of call for tender is the following:

1. Prospect the market.

Procedure which consists in the prior gathering of objective information in an informal manner from the targeted companies.

2. Drafting of the contract’s specifications.

Definition of the needs. This document comprises two types of prescriptions. It rules on one side on the manner in which the contracting authority will choose the counterparty (mode of procurement, qualitative selection, criteria of attribution, etc.) and determines on the other side the object of the prestations asked for and the modalities of their execution (delays, quantities, payments, control of reception, etc.).

3. Determine the responsible person: who will sign the documents and

chair the different meetings.

4. Publish the call for tender in the in the Bulletin des adjudications and

the Official Journal of the European Union if necessary.

5. Respect the delays for the opening of the offers.

Engage the procedure for the attribution of the market (choice of the company).

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ANNEX 11 : CONFLICT OF INTEREST DECLARATION

Declaration confirming the absence of any conflict of interest

Subject: Declaration confirming the absence of any conflict of interest in the bid

evaluation process.

Reference of the Publication:

I, the undersigned, ……….., confirm:

– that I do not have any conflict of interest in connexion to the bid evaluation process. A

conflict of interest may arise in particular as a result of economic interests, political or

national affinities, family or emotional ties, or any other relevant connection or shared

interest;

– that I will inform the EUREKA Secretariat, without delay, of any situation constituting a

conflict of interest or could give rise to a conflict of interest;

– that I have not granted, sought, attempted to obtain or accepted and will not grant, seek,

attempt to obtain, or accept any advantage, financial or in kind, to or from any party

whatsoever, constituting an illegal or corrupt practice, either directly or indirectly, as an

incentive or reward relating to the bid evaluation process.

– that I understand that the conflicting interest referred to throughout this policy might be

direct or indirect: the interest might be one of the staff member, of its relatives, or of an

organisation in which the staff member or family members has an interest.

– that I am aware of the consequences which may derive from any false declaration in

respect of the information required .

Signed:

Page 18: SUMMARY - Eureka Handbook - D2 Procurement... · 2018. 1. 25. · SUMMARY The Executive Board is kept informed on the various modifications done in the section D.2 ” Procurement

Infrequent purchases - 3 to 5 suppliers quotes

Frequently purchases - Contract to be renegociated every 3 years (tender to set the contract)

Infrequent purchases - 3 to 5 suppliers quotes

Tendering Exercise

Frequently purchases - Contract to be renegociated every 3 years (tender to set the contract)

Infrequent purchases - tendering procedure

Guidelines – All Items/Services over 30.000 Euros (tax incl.) Public procurement + chair approval see Controller

# of suppliers contacted

Open call (through network)

Pre - selection Please explain how :

Sup.1-mandatory Sup.2-mandatory Sup.3-mandatory Supplier #4 or 5

in scope ?

Annexes ?

Budget ?

APPROVAL SECTION

Other (please explain)

Reasons

Safety

Maintenance

Selection of supplier

Additional Remarks On Selection

Name of Purchase Order

Purchase Description

PROCUREMENT APPROVAL REPORT FOR P.O.

Guidelines – Items/Services less than 1.000 Euros (tax incl.)

Guidelines – Items/Services between 1.000 Euros and 15.000 Euros (tax incl.)

Guidelines – Items/Services between 15.000 Euros and 30.000 Euros (tax Incl.)

ESE handbook procedure for guidance and process (Chapter D.2)

LIST OF SUPPLIERS

BID EVALUATION

Price (Tax incl.)

Quality

Delivery Time

REQUESTOR BUDGET HOLDER CONTROLLER

REQUESTOR NAME

C:\Users\lvh\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\58942DFP\AP4.4.-EB2016-01-05-Stockholm-DOC-Expansion of the existing

ESE Procurement Policy Statement (2) Bid Evaluation 24/04/2016 16:50