public procurement some guidelines on public procurement procedures in portugal
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PUBLIC PROCUREMENT Some guidelines on public procurement procedures in Portugal Public Procurement and State Aid Centre 27-05-2014. The Cohesion and Development Agency, P.I. - PowerPoint PPT PresentationTRANSCRIPT
may 2014
PUBLIC PROCUREMENT
Some guidelines on public procurement procedures in Portugal
Public Procurement and State Aid Centre
27-05-2014
may 2014
The Agency, P.I. is a public institute with special regime, integrated in the indirect state administration, with administrative and financial autonomy and its own assets.
It integrates the Presidency of the Council of Ministers, under superintendence and supervision of the Cabinet member responsible for the regional development.
MissionRegional development policy coordination and the overall coordination of European structural and investment funds.
Attributions under the cohesion funds
• National coordination of ERDF, CF, ESF• Dialogue with the European Commission• Certifying authority and paying entity• Audit of transactions
The Cohesion and Development Agency, P.I.
April 2014
Body Unit Centre
Statutory Auditor
Advisory Council
Directive Council
Quality Planning and Management
Legal Support and Litigation
IS ESF
IS ERDF/CF
Information Systems
Financial Management
Planning and Development
Control
ESF Audit
ERDF and CF Audit
Control and Audit
Regional Policy
Institutional Management
Human Resources
Financial and Capital
Resources
Certification ESF
Certification ERDF and CF
Control of Expenditure Statements
CertificationERDF/CF Coordination
Monitoring Programs
Communication and
Documentation
Strategic Evaluation
and Monitoring
Evaluation
Monitoring
ESF Coordination
Monitoring Programs
Financial Programming
Financial Flows
Monitoring of the Partnership
Agreement
Territorial Studies and
Policies
Procurement and State Aid
IS PA
Territorial Cooperation
Simplification measures
The Cohesion and Development Agency, P.I.
may 2014
Procurement and State Aid Centre
Core competencies on public procurement
• To support all Agency units on public procurement subjects;
• To promote European rules and procedures amongst managing authorities.
may 2014
The Public Contracts Code – PCC
The course Portugal has taken began on 29 January 2008, with the publication of decree-Law nº 18/2008, which approved the Public Contracts Code (PCC).
Amongst other innovative measures, the PCC established the following requirements:
• Dematerialization of procedures (paper must be replaced by electronic means)
• Procedural simplicity• Shorter deadlines and improved competition• Transparency• Efficiency
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Contracting authorities
Scope of the PCC
Contracting authoritiesTRADITIONAL PUBLIC
ADMINISTRATIVE SECTOR(nr 1 of art. 2 of the PCC)
“BODIES GOVERNED BY PUBLIC LAW” (nr 2 of art. 2 of the PCC)
Central government authoritiesAutonomous regions Local authorities Public institutes Public foundations Public associationsAssociations to which one or more traditional public administrative sector entities belong and that are majority-financed by them, are subject to their management control or have an administrative, managerial or supervisory board the majority of whose members are directly or indirectly appointed by them.
Legal persons that, independently of whether they are of a public or private nature,
(i) Have been created specifically to meet needs in the general interest, not having an industrial or commercial character, which do not operate in a free competition market and
(ii) Are majority financed by entities of the traditional public administrative sector or are subject to their management control or have an administrative, managerial or supervisory board the majority of whose members are either directly or indirectly appointed by such entities.
may 2014
Contracts subsidised - PCC (article 275.º)
The scope is extended to apply public procurement rules to the formation of the following contracts:
• public works contracts,• service provisions associated with public works contracts,
that must fulfil these criteria:
• public financing, more than 50%;• contract value greater than or equal to the Community thresholds (5.186.000
EUR, for public works contracts; 207.000 EUR, for supply and service contracts).
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Thresholds Amounts – EU Directives
Public works contracts 5.186.000€
Supply contracts and service contracts agreed by central government authorities
134.000€
Supply contracts and service contracts agreed by other contracting authorities 207.000€
Supply contracts and service contracts agreed in the context of the special sectors of water, energy, transport and postal services
414.000€
may 2014
Contract Value / pre-contractual procedures – PCC
Contracting authorities - PCC Contracts subsidised
Type of procedure Article 2
Nr. 1 Nr. 2 Article 275
Direct Agreement
Simplified Regime ≤ 5.000 EUR
Adequate degree
of advertisement
< 204.000 EUR
(Supply or service contracts)
With invitation of one
or more entities
> 5.000 EUR
< 75.000 EUR
(Supply or service contracts)
> 5.000 EUR
< 150.000 EUR
(Works contracts)
Open or
Restricted Tender
Without notice in the OJEU
≥ 75.000 EUR
< 134.000 EUR
(Supply or service contracts)
≥ 150.000 EUR
< 5.186.000 EUR
(Works contracts)
< 5.186.000 EUR
(Works contracts)
With notice in the OJEU
≥ 134.000 EUR
(Supply or service contracts)
≥ 5.186.000 EUR
(Works contracts)
≥ 207.000 EUR (Supply or service contracts)
≥ 5.186.000 EUR (Works contracts)
≥ 207.000 EUR (Supply or service
contracts)
≥ 5.186.000 EUR (Works contracts)
may 2014
Material criteria (articles 24.º to 30.º, PCC)
• In general, the choose of the procedure is based on the maximum value of the contract.
Apart from this general rule,
• recourse to material criteria, if substanded, permits “direct agreement” (PCC procedure) of contracts of any value.
may 2014
Material criteria (articles 24.º to 30.º, PCC)
Mainly:
• technical or artistic reasons,
• protection of exclusive rights,
• extreme urgency brought about by events unforeseeable by the contracting authorities (The circumstances invoked to justify extreme urgency mustn’t, in any event, be attributable to the contracting authority).
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Pre-contractual procedures
PROCEDURE DOCUMENTS
Direct agreementInvitation to tender
Tender specifications
Open tenderProcedure programme
Tender specifications
Restricted tender with prior qualification
Procedure programmeInvitation to tender
Tender specifications
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PROCEDURE DOCUMENTS
Negotiated procedure
Procedure programme
Invitation to tender
Tender specifications
Competitive dialogue
Procedure programme
Invitation to submit solutions
Invitation to tender
Descriptive memorandum
Tender specifications
Pre-contractual procedures
may 2014
The Public Contracts BASE Portal
Was launched on 30 July 2008.
The BASE portal is an official repository of information on public procurement procedures and is fed by inputs from:
• the contracting authorities,• the electronic public procurement platforms and • the official electronic journal.
It´s a decisive tool for the effectiveness of direct award procedures.
Contracts resulting from “direct agreement” procedures can only take effect after being published on the portal.
may 2014
Some tools:
Specific information about Public Procurement
• Legislation• Check-list• Self-assessment tool
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Some tools:
• Guidelines for theManaging Authorities
for example:
the circular letter on the concept of “Body Governed by Public Law”
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Some tools:
• Frequent questions and Seminars;
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Some tools:
• E-platform
(to interact with Managing authorities);
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Some tools:
• Check list (pattern),at your disposal
PUBLIC PROCUREMENT PROCEDURES CHECKLIST - TO BE COMPLETED FOR EACH PROCUREMENT PROCEDURE–
Except where otherwise indicated, references are to articles of the Public Contracts Code
1. LEGAL PROVISIONS APPLICABLE TO THE ENTITY AS AWARDING ENTITY
Is the entity subject to the rules of public procurement, in light of its nature, the activity undertaken and the type of contract in question?
Entity subject to public procurement rules?
Yes No
Applicable
legal provisions
Article 2
para. no. 1
Article 2
para. no. 2
Regime of Extension of Scope of Application
(art. 275 and
subsequent articles)
2. CHARACTERISATION OF THE CONTRACT unit: euro
Object of the contract
Successful
tenderer
Identification
Award date
Value of contract (excl. VAT)
Type of procedure
Direct agreement
Open tender
Restricted tender with prior qualification
Negotiated procedure
Competitive dialogue
Start date of procurement procedure
(decision to contract)
may 2014
More at:
• Decree-Law n.º 140/2013, October 18, defines the mission and attributions of Agency P.I. (Organic Law);
• Ordinance n.º 351/2013, December 4 (Statutes);
• Commission Regulation (EU) nº 1336/2013, December 13;
• Decree-Law nº 18/2008, January 29 (PCC);
• www.base.gov.pt
• www.adc.pt
may 2014
THANK YOU FOR YOUR ATTENTION !