call ref.: fp6-2004-acc-ssa-2 (10/2004) contract negotiation - sofia - bulgaria 10 february, 2005 1...

10 February, 20051 Call ref.: FP6-2004-ACC-SSA-2 (10/2004) Contract Negotiation - Sofia - Bulgaria

Mrs Marina ZANCHIDG ResearchDirectorate N

International scientific cooperationE-mail:

[email protected]


Procedure

• Proposal submission

• Evaluation, ranking and opening of negotiation for successful proposals

• Project negotiation

• Commission Decision for selection

• Contract signature

• Starting of the project with advance payment


Negotiation Finalised

Opinion of the Programme

Committee

Commission Decision for the selection of the projects

Individual CommitmentsSignature of the contract


Project Negotiation: contractors receive a letter with:

– The Evaluation Summary Report (ESR)

– Contract Preparation Forms (CPFs) (signature of CPFs at the end of negotiation)

– Description of work (Annex I) to be submitted with the CPFs


Contractor

Participant = contractor

A legal entity contributing to a project must have a contractual link with the Community

It has some rights and obligations

Exception to rule: subject to very restrictive rules

– Third parties– Subcontractors

(but these contributors are NOT participants)


Subcontracting• Contractor shall ensure that the work to be performed

can be carried out by them.

• Exception: where it is necessary to subcontract certain elements of the work, this should be clearly identified in Annex I

• Management activities should not be subcontracted

• Minor services may be subcontracted: – which do not represent core elements of the project– which cannot be directly assumed by contractors– where necessary for the implementation of the project


Financing

Cost Reporting Models

FC: actual direct and indirect costs (for SSA indirect costs 20% of total actual direct costs, except costs of subcontracts - all instruments)

(New) FCF (variant of FC): actual direct costs + flat rate for indirect costs (20% of total actual direct costs, except costs of subcontracts - all instruments)

AC: actual additional direct costs + flat rate for indirect costs (20% of total actual additional direct costs, except costs of subcontracts - all instruments)


Cost reporting models

General Rule: a legal entity applies the same cost model in ALL contracts established under FP6 except may move from AC to FCF/FC or from FCF to FC (“one way ticket”)

Cost model Who can use it ?

FC - All legal entities

FCF - Non-commercial or non-profit organisations- International organisations- Small or Medium-Sized Enterprises (SMEs)

AC - Obligatory for physical persons - Non-commercial or non-profit organisations or international organisations not having an accounting system allowing them to distinguish the share of their direct and indirect costs to the project


Eligible costs

New : 1 - No more cost categories 2 - Costs must be :

actual, economic and necessary for the project incurred during the duration of the project (exception:

costs of final reports) recorded in the accounts of the contractor (or third parties)

and must exclude indirect taxes, duties, interests, costs reimbursed in respect of another Community project, and not give rise to profit

3 - Total costs identified both in the A.3.1 form and Annex I


Managing a project

• Active monitoring is essential

• Adequate management structures to deal with an increased level of autonomy and flexibility (dedicated management staff from the consortium)

• Recording and identifying costs in relation to the project

• Protecting, publishing and using the knowledge generated


Contract: Content

• Core contract (standard with specifics of project - negotiated)• timing, financing, reporting details of this project• any special clauses specific to this project

• Annex I (technical tasks - the “project” - negotiated)• technical details of this project – specific to it• including budget and breakdown, subcontracting, third

parties

• Annex II General Conditions (standard)(applicable to every instrument)

• Annex VI - Form C Financial statement per activity. To be filled periodically by each contractor


Signature and entry into force

• Contractual link of the contractor with the Commission

• (New) Contract enters into force upon both signatures of the contractor and Commission

• Project begins the first day of the month after the Commission signature of the contract


Reporting and deliverables

• Periodic reports and final report to be submitted within 45 days following the end of each period (12 months)

• Types of report:– Activity report– Management report– Distribution of the Community contribution between

contractors– Supplementary reports required by Annex to the Contract– Audit certificates if required by the contract

• The Commission undertakes to evaluate reports within 45 days of receipt. The absence of a response within this delay does not imply approval by the Commission


Payment modalities

• Distribution of pre-financing to contractor by Commission: within 45 days of the date of entry into force of contract

• High degree of flexibility in the management of the EC financial contribution

• System of periodic advance payments (pre-financing) covering a reporting period plus the first six months of the following reporting period (normally 80% of the estimated EC contribution)

• Further payments based on the approval of the periodic reports


Payments and reporting schedule for an SSA(example of a 3 year contract)

Activity reportReported costs

Detailed work planAdjusted advance

Activity reportReported costs

Activity report

Reported costs

Detailed work plan

Initial advance

0 6 12 18 24 30 36 Months

Detailed work planAdjusted advance


Audits

• Audit certificates by external auditor

– At the end of the project

– For public bodies – competent public auditor

• Audits by the Commission, Court of Auditors or external reviewers


For more information

• General information on FP6– http://europa.eu.int/comm/research/fp6/index_en.htm

– http://www.cordis.lu/nmp/find-doc.htm#coorguide

• Legal framework within FP6– Model contract :

http://europa.eu.int/comm/research/fp6/working-groups/ model-contract/index_en.html

• Helpdesk– http://www.ipr-helpdesk.org– [email protected]


Thank you for your attention

• Marina ZANCHI• Unit N4 - Administration and Finance• DG RTD, Directorate N - International Scientific Co-

operation,• Square de Meeûs 8, Office SDME 1/76, Brussels.

• Phone +32-2-295 38 14• Fax +32-2-299 47 43• Email: [email protected]

call ref.: fp6-2004-acc-ssa-2 (10/2004) contract negotiation - sofia - bulgaria 10 february, 2005 1...

Documents

contract negotiation

project slide

cpfs slide

selection contract signature

negotiation finalised

ssa indirect costs

advance payment slide

contractor participant