c - procurement 1 services- v5.3

7/30/2019 C - Procurement 1 Services- V5.3

1/20

PIU Operational GuideC PROCUREMENT

IPA I Version : 5.3 Date : September 2012 Page 1/20

1. SERVICE TENDERS

1.1. Introduction

Service contracts are used to obtain consultancy services. The services are usually either

in the form of studies or technical assistance.

Selecting the procurement procedure

The procurement procedure depends on estimated budget of the tender. The following

table explains which procedure should be used:

SERVICES

200,000 < 200,000

but >10,000 10,000

International restricted

tender procedure

1 Framework contracts

2 Competitive negotiated procedure

Single

tender

Selecting contract format

Study contracts include studies for the identification and preparation of projects,

feasibility studies, economic and market studies, technical studies, evaluations and audits.

Technical assistance contracts are used where a service provider is called on to play anadvisory role, to manage or supervise a project, or to provide the experts specified in the

contract.

As a rule, in case of study contracts only the final result matters and while in case of

technical assistance, advice is received continuously and the final result is not alwaysdefinite. When only the final result of the project is important, it is advisable to use the

global price contract format, otherwise the fee-based contract format should be used.

Duration of procurement procedures

It is important to know the approximate period of time that a procedure takes. The table

below indicates an average period from the moment the CFCA receives the final versionof the Terms of Reference from the PIUs until the day when the first expert(s) start(s)

working under the contract.

Procedure Time in calendar months


2/20



International restricted procedure 6-9

Framework Contracts 2-3

Competitive negotiated procedure 4-7

Single tender 2-3

Negotiated procedure 1-3

Drafting Terms of Reference

Terms of Reference is a key document in project implementation process prepared by thePIUs and should serve mostly two purposes:

1) it is a legal document and part of the contract that fixes the tasks and deliverables of

the contractor as well as the means and timing (deadlines);

2) it should link the implementation phase of the project to the programming andmonitoring phase making sure that the project is in line with a larger framework (e.g.

project fiche). It should also give relevant background information for monitoring the

project on all levels.

Therefore, the immediate outputs should be described in sufficient detail as the contractoris legally bound to deliver only the outputs explicitly mentioned in the Terms of

Reference. At the same time, for monitoring purposes, the Terms of Reference shouldcontain provisions that would link these to a programming document such as a project

fiche and the logical framework matrix.

The PIU submits the final version of the Terms of Reference (agreed with the CFCA

under EDIS system and the relevant Task Manager in the EUD under DIS system),

evaluation grid and budget estimate to the CFCA in hard copy as well as in electronic

form (email or CD). In EDIS, PIU should perform quality control of ToR beforesubmitting it to CFCA by using check lists for FWC Terms of reference, Terms of

reference and service Procurement Notice which are attached in annexes C4, C5 and C6.

Defining selection criteria for short-listing

The PIUs are, together with the CFCA, responsible for developing the selection criteriaused during the short-listing. There are three selection criteria for short-listing which

must be defined in the Procurement Notice: Economic and financial capacity of

candidate, Professional capacity of candidate and Technical capacity of candidate. Thecriteria should be designed with care in order not to exclude companies that could be the

best for the required task and to allow widest competion possible. At the same time, if the


3/20



requirements are too low, companies that would not be able to perform the contract might

be included (this risk is, however, less serious because if more than 8 companies would

be eligible, the number of companies should be reduced to 8 by applying additionalcriteria mentioned in the Procurement Notice).

Therefore, it is usually not advisable to require an annual turnover of more than 2 times

the projects annual budget. Also, it is advisable to keep the number of key experts low,

especially when the field of the contract is very specific. Furthermore, the number ofpersonnel required should be defined in terms of numbers, and not percentages. The

criterion of technical capacity should be clearly defined, e.g. the company has

successfully finished at least two projects that have included provision of training onStructural Funds. However, this condition should be realistic, i.e. not too restrictive.

Defining evaluation criteria for tender evaluation

One of the key decisions that has to be made and that will have direct influence on theresults of tenders in case of an international restricted procedure and a competitive

negotiated procedure is the decision on evaluation criteria in the evaluation grid. Due tothe fact that the technical evaluation of tenders is based on the evaluation grid, tenderers

pay special attention to the items in the grid that could potentially give a high number of

points.

It must be also noted that if the there are too many requirements per key experts underrespective category (i.e. specific professional experience) in the grid, the comparison of

offers could be more complicated as each item would give a relatively small number of

points and some differences between the offers would not be reflected in the number ofpoints. For this reason, it is advisable, unless there is some specific necessity, not to

include more than 4 key experts in ToR and consequently, in the evluation grid.


4/20



1.2. International Restricted Tender Procedure

An international restricted tender procedure must be used when the budget of the service

tender is equal to or higher than 200 000 EUR. Procedures stated in table below incursive letters are applicable only under DIS system.

Unit responsible Document Activity Time

1 DIS: CFCA +

EUD

EDIS: CFCA

Individual

contract forecast

(CF)

Publication of service

individual contract

forecasts

2 PIU ToR + budget

estimate +Procurement

Notice (PN) +evaluation grid

+ Declaration ofObjectivity and

Confidentiality

Drafts and checks the

quality of ToR, PN,evaluation grid and

budget estimate andsubmits to the CFCA

together with originalDeclarations of

Objectivity and

Confidentiality

3 CFCA ToR + PN +Tender Dossier

(TD)

Verification of ToR,PN, preparation of TD,

quality control and

submission to the EUD

for approval

15 Workingdays (WD)

after receipt

4 DIS: EUD

EDIS: PAO

TD + ToR + PN Issues notes on

approving the

documents, sends these

to CFCA and ensurespublication of the

announcement on the

EuropeAid website andin the Official Journal

of the European

Communities

Min. 15Calendar days

(CD)

5 DIS: CFCA +

PIU +EUD

EDIS: PIU +

CFCA + PAO

Letter with listof Evaluation

Committee

(EvCom)

members

Proposing thecomposition,

nomination and

approval of EvCom

(Shortlist Panel)

At the time ofpublication of

PN at the

latest

6 Candidates Applications Prepare and submit tothe CFCA their

Min. 30 CD


5/20



Applications for EC-

funded Service

Contracts

7 EvCom (Shortlistpanel)

Short-list report(SLR)

Proceeds with the short-listing of the

applications received

and establishes a Short

List1, drafts a report onthe short list meeting

(including shortlist

notice), signed by theChairperson, the

Secretary and the voting

members

5 WD after receipt of

applications

8 DIS and EDIS:CFCA

SLR Sends SLR and thecopies of the

applications to the

EUD (DIS) or submits

SLR to PAO for approval (EDIS)

5 WD

9 DIS: EUD

EDIS: PAO

SLR EUD issues notes on

approving the

documents to the CFCAand endorses report

(DIS).

PAO endorses report

(EDIS)

10

DIS and EDIS:CFCA

Letters of Rejection (LoR)

+ Invitation to

Tender + TD +Service Contract

Shortlist Notice

(SCSN)

Notifies theunsuccessful candidates

that they have not been

short-listed anddispatches the Invitation

to Tender and TD to

short-listed companies

(by registeredmail/courier service)

and submits SCSN to

the EUD for approvaland publication (in

2 WD after receiving

approval of

SLR fromEUD

1 The long list summarising all applications received is established by Evaluation Committee. The shortlist

should contain a minimum of four and a maximum of eight candidates (would-be service providers), as

specified in the procurement notice.


6/20



electronic form (after

approval of SCSN i.e.

SLR)

CFCA submits SCSNdirectly to AIDCO

publication office

(EDIS) for publication

11

DIS: EUD

EDIS: AIDCO

SCSN Publication onEuropeAid web-site and

in EC Official Journal

1

2

CFCA Confirmation of

Receipt (CoR)

Receives CoR and the

intent to (not) submit an

offer

13

DIS: PIU +CFCA+EUD

EDIS: PIU +

CFCA + PAO

Letter with listof EvCom

members

(standard EUCVs +

Declaration that

they are notlinked through

direct command

line)

Proposing thecomposition,

nomination and

approval of EvaluationCommittee

Max. 10 WDafter the

shortlisting

14

Tenderers Offers Prepare and submittheir offers to theCFCA (double

envelope system)

Min. 50 CDfrom the dateof Invitation to

Tender

1

5

CFCA Offers Receives, registers and

stores offers

16

EvCom EvaluationReport (EvRep)

Carries out theevaluation based on

agreed criteria and

methodology (as

specified in the TenderDossier), prepares

Evaluation Report

Max. 15 WDfrom the

beginning date

of evaluation

1

7

CFCA EvRep +

ContractDossier

Prepares and sends the

draft Contract Dossierand Evaluation report

to the EUD together

Max. 15 WD

from the endof evaluation

(Report)


7/20



with a copy of the

winning tender, copies

of the unsuccessful

tenders (DIS). Preparesand sends Evaluation

report and Contract toPAO for endoresement

(EDIS).

Immidietely

upon

verification of

eligigibilityproof

documents

(Contract)

1

8

DIS: EUD

EDIS: PAO

EvRep +

Contract

Dossier

Issues notes on

approving the

Evaluation report andContract Dossier,

endorses evaluation

report and the contract

(DIS).

Endorses evaluation

report and the contract

(EDIS)

19

CFCA Notification of Contract (NOC)

Sends to the successfultenderer a NOC and

requests documentary

evidence

Max. 10 WD

20

Successfultenderer

Documents Sends CFCA thedocumentary evidence

Max.15 CDafter the date

of NOC

2

1

CFCA Contract Examines documents

submitted by successful

tenderer for correctness

2 WD after

receipt of

documentation

22

CFCA Contract CFCA sends 3 originalsof the Contract to the

Contractor for signature

(by registeredmail/courier service)

2 WD

23

SuccessfulTenderer

Contract + pre-financing bank

guarantee

Keeps one original ofthe contract and returns

the rest of the

countersigned originalsto the CFCA

Max. 30 CD

2

4

CFCA Letter to

Unsusessful

Sends them to

unsuccessful tenderers

15 CD after

receiving


8/20



Tenderers signed

contract

2

5

CFCA Contract Sends one original of

the signed contract tothe EUD (one original

remains at CFCA), and

one copy of the original

is sent to the PIU (DIS).

Sends one original to

the financial service in

charge of payments and

the other to the ProjectManager. One copy of

the contract is sent to

PIU (EDIS).

1 WD

26

CFCA Service ContractAward Notice

Under DIS: Prepares aService Contract Award

Notice and submits to

the EUD for publication in

electronic form (in

EDIS Contract AwardNotice is sent to EC for

publication)

Under EDIS: CFCAsubmits CAN directlyto AIDCO on

publication on their web

site and in OJ

1 WD


9/20



1.3. Framework Contract

A Framework contract2 procedure should be used when the budget of the service tender is

less than 200.000 EUR but more than 10.000 EUR. Alternatively, the competitivenegotiated procedure (described in the next section) could be used.

The Terms of Reference may request the Framework Contractor to provide an outline for

the approach and methodology envisaged for the implementation of the assignment.

Concerning the budget estimation, the total cost of an assignment must be less than 200.000. The input of any expert in a given assignment may not exceed 260 working

days. The implementation period of the operation does not exceed 2 years (730 calendar

days) including all addenda. Terms of Reference must specify the category of

expert/expertise and related number of working days. Only the number of experts is anoption and in that case, the expertise must be clearly defined, as well as minimum

requirements covering the qualifications and skills (depending on the category ofexperts). Beneficiary has to reach a decision prior to drafting ToR whether the Specificcontract emerging from the ToR will be Fee based or Global price type.

Fee based type of ToR results in a contract under which the services are provided on the

basis of fixed fee rates for each day worked by experts. Fee based contracts are usually

associated with technical assistance, that is, where service provider is called upon to playan advisory role, to manage or supervise a project, or to provide the experts specified.

Global price ToR assumes that contract will be performed under an all inclusive fixed

price. Global price contract are usually associated with study type contracts;

identification and preparation of projects, feasibility studies, economic and marketstudies, technical studies, evaluations and audits. Therefore, final output of the contract is

easily established and visible.

Framework contractors are divided into 12 different lots or sectors of expertise. Only lot

5 (Organisation and logistics for conferences) is always contracted as a fee basedcontract.

In order to collect all necessary information required for launching of the assignment,

following resources ought to be consulted:

list and description of the content of the lots (to ensure rightful application of thespecific lot according to the specific needs of the beneficiary/nature and scope of

the task)

2 FWC procedures are guided by Users guide supplemented by Important messages which are regularly

updated along with standard templates and other FWC specific information by AIDCO and published on

the following WEB page: http://ec.europa.eu/europeaid/work/framework-contract/beneficiaries-

2009/index_en.htm

Therefore, regular monitoring of updates is mandatory task in order to ensure compliance with specific

rules governing FWC procedures.
http://ec.europa.eu/europeaid/work/framework-contract/beneficiaries-2009/index_en.htmhttp://ec.europa.eu/europeaid/work/framework-contract/beneficiaries-2009/index_en.htmhttp://ec.europa.eu/europeaid/work/framework-contract/beneficiaries-2009/index_en.htmhttp://ec.europa.eu/europeaid/work/framework-contract/beneficiaries-2009/index_en.htmhttp://ec.europa.eu/europeaid/work/framework-contract/beneficiaries-2009/index_en.htm


10/20



list of the framework contractors from the particular lot accompanied by

contractually fixed price brackets for required category of expert (including

information concerning bank accounts on which payment shall be executed)

list of the signatories entitled to sign Request for offer and Letter of contract

General conditions of the contract (meaning global contract which Commissions

signs with all framework contractors)

Specific Terms of reference

Other forms

Procedures stated in table below in cursive letters are applicable only under DIS

system.

Unit responsible Document Activity Time1 PIU ToR + budget

estimate +

Declaration ofObjectivity

and

Confidentiality

Drafts and checks the

quality of ToR and budget

estimate and submits to theCFCA together with

original Declarations of

Objectivity andConfidentiality, short-list

of at least 3 possible

service providers and

submission to the CFCA

2 CFCA ToR + budgetestimate +

Declaration of

Objectivityand

Confidentiality

+ Request forServices (RfS)

Verification of ToR andbudget estimate, RfS,

quality control and

submission to EUD

5 WD fromthe receipt of

documentation

3 DIS: EUD

EDIS:PAO

ToR, budgetestimate

Approves ToR + budgetestimate. (under DIS).

PAO approves ToR +

budget estimate (underEDIS).

15 WD fromreceipt of

documentation

4 CFCA RfS, ToR,

budget

estimate

Completion of RfS,

signature of the RfS by the

PAO and submission to

5 WD


11/20



EUD

5 DIS: EUD

EDIS: PAO

RfS + ToR Checks and signs RfS and

sends the signed RfS back

to the CFCA.

PAO signs RfS andreturnes it to the CFCA

Project Manager

15 WD from

receipt of

documentation

6 CFCA RfS + ToR Indicates the deadline for

the receipt of offers (14days from dispatch),

submits to the relevant

framework contractors

1 WD

7 Framework

Contractor(FWC)

Certificate of

Receipt

Acknowledgment of

receipt of the RfS

2 WD from

the date of receipt of RfS

8 DIS: PIU +

CFCA + EUD

EDIS: PIU +

CFCA + PAO

List of EvCom

members +

CVs

Proposing the

composition, nomination

and approval of EvaluationCommittee by EUD (DIS)

or by PAO (EDIS)

5 WD from

the receipt of

the signed RfSat the latest

9 FWC Offers for

Services

Send their Offers for

Services to the CFCA

Max.14 CD

since dispatchof RfS

1

0

EvCom Evaluation

Report

Carry out the evaluation

and draft Offers

Evaluation Report, signed

by the EvCom members(and endorsed by PAO).

7 WD from

the deadline

for receipt of

offers

1

1

CFCA Evaluation

Report +

Letter of Contract

Prepares Letters of

Contract, (signed by

PAO), sends the OffersEvaluation Report and the

completed Letter of

Contract (in four originals) to the EUD

1 WD after

end of

evaluation

12

DIS: EUD

EDIS: PAO

Letter ofContract

The duly authorised EUDofficial checks, dates and

signs it and sends it back

to the CFCA (DIS).

PAO signs Letter of

5 WD ater receipt of

documentation


12/20



contract and returns it to

Contracting Officer within

CFCA (EDIS).

13

CFCA Letter of Contract

Sends a copy of the Letterof Contract (signed by

PAO) to the selected

framework contractor and

in addition four originals

1 WD

14

FWC Letter of Contract

Countersigns the threeoriginal LoCs and sends

back two originals to the

CFCA including a signedversion of the original

offer and an initialled

version of the ToR

Max. 30 CDafter receipt of

Letter of

Contract fromCFCA

15

CFCA Letter tounseucessful

FWC

Sends letter to theunsuccessful Framework

Contractors by (fax or

email)

1 WD after receipt of

Letter of

Contract fromFWC

1.4. Competitive negotiated procedure

A competitive negotiated procedure should be used if the use of an existing framework

contract is impossible or has been unsuccessful. The budget of the service tender is less

than 200.000 EUR and more than 10.000 EUR. In terms of rapidity, application of thecompetitive negotiated procedure is considered less favourable option than FWC.

It is recommended to invite at least 3 candidates


system.

Unit

responsible

Document Activity Time

1 PIU + Letter of Seeks through the CFCA EUD


13/20



CFCA Request approval (in DIS system) or PAO

approval (in EDIS system) for using

competitive negotiated procedure

instead of FWC2 DIS: EUD +

CFCA

EDIS:

CFCA+PAO

Note Issues note on approving the

procedure and sends it to CFCA

(under DIS).

PAO approves the procedure (udnerEDIS).

10 WD

3 PIU ToR, short-

list, budget

estimate,

original

Declarationsof

Objectivityand

Confidential

ity

Drafts and checks the quality of ToR

and budget estimate, prepares short-

list of at least 3 possible service

providers, and submits them to the

CFCA together with originalDeclarations of Objectivity and

Confidentiality

4 CFCA TD, ToR,short-list,

budget

estimate

Verification of ToR, preparation ofTD, quality control and submission

to EUD for approval

12 WDafter

receipt

5 DIS: EUD

EDIS: PAO

TD Issues notes on approving thedocuments and sends these to CFCA(under DIS).

PAO approves TD (under EDIS).

15 WDafterreceipt

6 CFCA TD Initiates the competitive negotiated

procedure (sends Letter of Invitation

to Tender and TD to shortlistedcompanies)

3 WD after

approval

7 DIS: PIU+CFCA +

EUD

EDIS: PIU +

CFCA +

PAO

Letter with

list of

EvCommembers

(standard

EU CVs +Declaration

that they are

not linked

through

Proposing the composition,

nomination and approval of

Evaluation Committee by EUD(DIS) or by PAO (EDIS)

at the time

of initiating

procedure


14/20



direct

command

line)

8 Tenderers Offers Prepare and submit offers (doubleenvelope system) to the CFCA

Min. 30CD

9 CFCA Offers Receives, registers and stores offers

10 EvCom EvRep Carries out the evaluation based on

agreed criteria and methodology (as

specified in the Tender Dossier),

prepares Evaluation Report

10 WD

11 CFCA EvRep +Contract

Dossier

Prepares and sends the draft ContractDossier and Evaluation report to the

EUD together with a copy of the

winning tender, copies of theunsuccessful tenders

5 WD afterend of

evaluation

1

2

DIS: EUD

EDIS: PAO

EvRep +

Contract

Dossier

Issues notes on approving the report

and Contract Dossier, and returns

the report to the CFCA (DIS).

PAO approves the report and thecontract (EDIS).

10 WD

after

receipt

13 CFCA NOC Sends the successful tenderer a NOC

and requests documentary evidence33 WD

14 Successful

tenderer

Documents Sends to the CFCA the documentary

evidence

Max. 15

CD after the date of

NOC

15 CFCA Contract Examines documents submitted by

successful tenderer for correctness

2 WD after

receipt

16 CFCA Contract CFCA sends 3 originals of the

contract to the Contractor forsignature (by registered mail/courier

service)

2 WD

17 Successful

Tenderer

Contract Keeps one original of the contract

and returns the rest of the originalsof the countersigned originals to the

Max. 30

CD

3 PRAG, concerning requests for submission of documentary evidences: For contracts with a value less than the international

thresholds the Contracting Authority may waive this obligation, depending on its risk assessment. When this obligation has been

waived, the Contracting Authority may nevertheless, where it has doubts as to whether the tenderer to whom the contract is to be

awarded is in one of the situations of exclusion, require him/her to provide the evidence.


15/20



CFCA

18 CFCA Letters to

the

unsuccessfultenderers

Sends letters to the unsuccessful

tenderers

Max. 15

CD after

receivingsigned

contract

19 CFCA Contract +

Service

ContractAward

Notice

Sends one original of the signed

contract to the EUD (one original

remains with the CFCA), and onecopy of the original to the PIU

(under DIS).

Sends one original to the financial

service in charge of payments and

the other to the Project Manager.One copy of the contract is sent to

PIU (EDIS).

1 WD after

receiving

signedcontract


16/20

PIU Operational Guide

C PROCUREMENT

Management of CARDS, PHARE, IPA I Version :

5.2.1

Date : March 2012 Page 16/20

1.5. Single tender

A single tender procedure should be used when the budget of the service tender is smallerthan or equal to 10.000 EUR.

Notwithstanding the rather small amounts involved, in DIS system the EUD will be

involved in the award process.

Under this procedure the CFCA invites a single tender from a candidate of its choice. In

case the Candidate is technically competent to undertake the work as described in theTerms of Reference and is able to abide by the financial limitations of the budget a

contract may be signed with this service provider.


system.

Unitresponsible

Document Activity Time

1 PIU ToR + budget

estimate +

originalDeclarations of

Objectivity and

Confidentiality

Drafts and checks the quality of

ToR including a budget estimate,

and submission to the CFCA withthe proposed company details,

including a brief explanation for

selecting the company andoriginal

Declarations of Objectivity andConfidentiality

2 CFCA TD + ToR +

budget estimate

Verification of ToR and budget

estimate, preparation of TD and

submission to EUD for approval(DIS)

Verification of ToR and budget

estimate, preparation of TD and

submission to PAO (EDIS)

10 WD

after

receipt

3 DIS: EUDEDIS: PAO

TD Issues notes on approving thedocuments and sends these to the

CFCA (DIS).

PAO approves TD.

10 WDafter

receipt

4 CFCA TD Initiates the single tender

procedure (sends Letter ofInvitation to Tender and TD to

3 WD


17/20


C PROCUREMENT


5.2.1


proposed service provider)

5 DIS: PIU+

CFCA +EUD

EDIS: PIU

+ CFCA +

PAO

Letter with list

of EvCommembers

(standard EU

CVs +

Declarationthat they are

not linked

through directcommand line)


nomination and approval ofEvaluation Committee by EUD

(DIS) or by PAO (EDIS)

at the

time of initiating

procedure

6 Service

provider

Offer Prepares and submits an offer to

the CFCA

Max. 14

CD7 CFCA Offer Receives, registers and stores the

offer

1 WD

8 EvCom EvRep Carries out the evaluation andprepares an Evaluation Report

5 WD

9 CFCA EvRep Sends a copy of the report, 3

originals of the contract signed by

PAO to the EUD together with a

copy of the offer

5 WD

after the

end of

evaluation

1

0

DIS: EUD

EDIS: PAO

EvRep Issues notes on approving the

report and returns the report and

signed originals of the contracts tothe CFCA (DIS)

PAO approves the report and signs

the contracts (EDIS).

15 WD

after

receipt

11 CFCA NOC Sends the successful tenderer a

NOC and requests documentaryevidence4

3 WD

12 Successfultenderer

Documents Sends to the CFCA thedocumentary evidence

Max. 15CD after

4 PRAG, concerning requests for submission of documentary evidences: For contracts with a value less than the international

thresholds the Contracting Authority may waive this obligation, depending on its risk assessment. When this obligation has beenwaived, the Contracting Authority may nevertheless, where it has doubts as to whether the tenderer to whom the contract is to be

awarded is in one of the situations of exclusion, require him/her to provide the evidence. Depending on its risks assessment, the

contracting authority may refrain from requiring the declaration that the candidates or tenderers are not in one of the situations of

exclusions for contracts with a value equal to or less than 10,000.


18/20


C PROCUREMENT


5.2.1


date of

NOC

13 CFCA Contract Examines documents submitted bysuccessful tenderer for correctness

2 WDafter

receipt

14 CFCA Contract CFCA sends 3 originals of

Contract to the Contractor for

signature (by registeredmail/courier service)

2 WD

15 Service

provider

Contract Keeps one original of the contract

and returns the rest of the originals

of the countersigned originals to

the CFCA

Max. 30

CD

16 CFCA Contract Sends one original of the signed


remains with the CFCA) and onecopy of the original to the PIU

(DIS).

Sends one original to the financial

service in charge of payments andthe other to the Project Manager.

One copy of the contract is sent to

PIU (EDIS).

1 WD

1.6. Negotiated procedure

A negotiated procedure may be used only in exceptional cases. Due to its exceptionalnature, the format of the negotiated procedure, especially the tendering and evaluation

phase, is not fixed and should be tailored for each specific case. However, before

launching a negotiated procedure, in DIS the EUD must approve the use of the negotiatedprocedure, while in EDIS the same must be approved by PAO. A short description of the

procedure should be submitted to the EUD. The whole negotiation process is documentedin the Negotiation Report.


system.

Unit responsible Document Activity Time


19/20


C PROCUREMENT


5.2.1


1 CFCA + PIU Letter +

negotiation

strategy +list of

candidates

After consulting PIU, CFCA

seeks EUD approval to initiate a

negotiated procedure5

(DIS) (inEDIS PIU seeks the approval

from PAO).

2 DIS: EUD

EDIS: PAO

Note Issues note on approving theprocedure (DIS).

PAO approves negotiated

procedure.

15 WD afterreceipt of

letter

3 DIS: PIU +

CFCA + EUDEDIS: PIU +CFCA + PAO


nomination and approval ofEvaluation Committee by EUD

(DIS) or by PAO (EDIS)

Upon

approval ofthe

procedure

4 EvComm Negotiation

Report +

Contract

Following the previously agreed

procedure, carry out the

negotiated procedure inaccordance with negotiation

strategy, drafts the Negotiation

Report.

5 CFCA CFCA drafts contract in three

originals signed by PAO andsubmits the report and the

contract to EUD for endorsement

(DIS).

CFCA drafts contract in threeoriginals and submits the report

and the contract to PAO for

endorsement (EDIS).

6 DIS: EUD

EDIS: PAO

Contract Issues notes on approving thedocuments and returns the

endorsed contracts to the CFCA(DIS).

Aproves the report and endorsesthe contract (EDIS).

15 WD afterreceipt

5 The negotiated procedure has to be clearly identified and justified (prior approval from the EUD is

required in DIS system, while in EDIS prior approval by CFCA is required). A brief description of the

procedure (negotiation strategy) should be included in the letter to EUD/CFCA.


20/20


C PROCUREMENT


5.2.1


7 CFCA Contract CFCA sends 3 originals of

Contract to the Contractor for

signature (by registeredmail/courier service).

2 WD

8 Service provider Contract Keeps one original of the contract

and returns the rest of the

originals of the countersignedcontract to the CFCA

30 CD after

receipt

9 CFCA Contract Sends one original of the signed


remains with the CFCA) and onecopy of the original to the PIU

(DIS).Sends one original to the financial

service in charge of payments andthe other to the Project Manager.

One copy of the contract is sent to

PIU (EDIS).6

1 WD

6 PRAG: The award notice shall be published for procedures where a publication of the procurement notice has taken place or if the

value of the contract is above international thresholds (service > 200.000, supply > 150.000, works > 5.000.000), unless the

contract was declared secret of where the performance of the contract must be accompanied by special security measures, or when

theprotection of the essential interests of the European Union, or the beneficiary country so requires, and where the publication of the

award notice is deemed not to be appropriate.