Customisation Topics

CUSTOMISATION TOPICS

TRAINEES PACK
PAGE / SECTION-THEME
E-2 / E.1.1
1.5 LEGAL INFO HELPFUL TO HAVE TO HAND
Localisation will need to refer to specific legal documents.
E-3 / E.1.2
2.1 INTRODUCTION
“The basic requirement laid down in the Directives are that an invitation to submit a tender, to participate in the dialogue or to negotiate must contain at least…Some countries also have regulations or laws requiring contracting authorities to use certain model documentation for these processes. Another aspect of interest is whether there are any rules in terms of costs on the provision of tender documentation”.
Localisation required to highlight local requirements.
E-11 / E.1.2
2.5 TYPES OF SPECIFICATIONS
Generic specifications
“A generic specification:
§  Makes economic operators responsible for proposing and delivering the requirement, meeting the contracting authority’s needs
§  Can be used to stimulate competition
§  Can be used where there is no need to be specific.
An example of a generic specification would be a mid-range four-door saloon car.”
Localisation to provide an equivalent generic description of a Renault Megane.
E-38 / E.2.1 (Advertisement of contract notices)
1.5 LEGAL INFO HELPFUL TO HAVE TO HAND
Adapt for local use using the format below, including listing the relevant legislation, key elements of that legislation and where standard form contract notices can be accessed. Section may need expanding to reflect particular local requirements relating to advertising. This may include adding information relating to processes required for sub-threshold and/or low-value contracts.
E-39 / E.2.2
2.1 INTRODUCTION
Where do you need to advertise
Adapt all of this section for local use – using relevant local legislation, standard format contract notices, processes and terminology. Briefly set out the requirements of the local legislation for sub-threshold contracts.
E-40 / E.2.2
2.1 INTRODUCTION
Sub-threshold contracts
Adapt for local use, using the format below, referring to where advertisements must be published, how and to what cost.
E-41 / E.2.2
2.1 INTRODUCTION
Advertising before the start of the formal procurement process using a Prior Information Notice
“We would like to keep the market informed of future potential opportunities, but is there an alternative to advertising Prior Information Notices in the OJEU?”
Localisation: This section may be deleted if the buyer profile option is not available locally.
E-42 / E.2.2
2.1 INTRODUCTION
Buyer’s profile
Insert sample web page showing a Buyer Profile.
E-42 / E.2.2
2.1 INTRODUCTION
Advertising at the start of a contract-specific procurement process by using a Contract Notice
Adapt all of this section for local use – refer to relevant local legislation.
E-42 / E.2.2
2.1 INTRODUCTION
Are there any rules about when you should advertise a Contract Notice?
Adapt if there are local rules requiring Contract Notices to be advertised at a specific time. Adapt to reflect local rules relating to statutory time periods.
E-43 / E.2.2
2.1 INTRODUCTION
Is there a specific content and format that must be used for a Contract Notice?
Adapt for local use – using relevant local legislation, standard format contract notices, processes, terminology and information on where to find standard forms of contract notices.
E-45 / E.2.2
2.1 INTRODUCTION
Advertising at the end of a contract-specific procurement process by using a Contract Award Notice
Adapt for local use – using relevant local legislation, information on how statistics are used, processes and terminology. .
E-45 / E.2.2
2.1 INTRODUCTION
Are there any rules about when a Contract Award Notice should be advertised?
Adapt for local use – using relevant local legislation, standard format contract notices, references to local publications, time scales, processes and terminology. Delete references to frameworks and dynamic purchasing systems if they are not available locally.
E-46 / E.2.2
2.1 INTRODUCTION
Is there a specific content and format that must be used for a Contract Award Notice?
Adapt all of this section for local use – using relevant local legislation, standard format contract notices, processes and terminology.
E-46 / E.2.2
2.1 INTRODUCTION
Are there rules about how quickly notices must be published?
Adapt all of this section for local use – using relevant local legislation, time scales, processes and terminology. Delete any references to accelerated procedures if they are not available locally.
E-46 / E.2.2
2.1 INTRODUCTION
Electronic procurement
Adapt all of this section for local use – using relevant local legislation, reference to a local online system (if available), processes and terminology. Consider deleting this section if no local system has been set up for electronic procurement.
E-47 / E.2.2
2.1 INTRODUCTION
Utilities
Adapt all of this section for local use – using relevant local legislation, processes and terminology.
E-49 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Localisation: Many of the comments in this section are generic and so can be retained but there will be adaptations throughout this section for local use. This will involve, for example, referring to relevant local legislation, substituting the extracts from the OJEU contract notice with extracts from the local standard format contract notice, adding sections or deleting sections which are country – specific and referring where appropriate to local processes and terminology. To assist in the localisation process, we have provided some suggestions on where changes may be required but that is not intended to be an exhaustive list.
E-51 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section I.2
Delete comment where no provisions in legislation for lead purchasing or central purchasing bodies.
E-52 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section II.1.2(c)
Section II.1.2 (a) (b) and (c)
Amend comments to refer to national categories, codes, web-sites – if used. .
E-53 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section II.1.3
Delete if framework agreements or dynamic purchasing systems are not available locally.
E-54 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section II.1.5
Amend if CPV codes are not used.
Section II.1.6
Delete or amend if CPV codes are not used.
E-55 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section II.1.7
“See Module A3 for information on the Government Procurement Agreement”
May not be applicable locally.
E-56 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section II.3
Adapt if there are local provisions specifying contract duration.
E-60 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section IV: PROCEDURE
Adapt for local use to outline any specified statutory minimum and/or maximum numbers.
E-61 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section IV.2
Adapt this section for local use to reflect local provisions on choice of award criteria.
Section IV.2.1 (Criteria/Weighting)
Adapt for local use.
E-62 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section IV.2.2 (E-auction)
Adapt for local use.
E-64 / E.2.2
2.2 COMPLETING A CONTRACT NOTICE
Section IV.3.7
Adapt for local use to reflect local requirements such as provisions obliging tender to be held open for a minimum time period.
Section IV.3.8 (conditions for opening tenders)
Adapt for local use to reflect local requirements on tender opening procedures.
E-69 / E.2.3
EXERCISE 2
“You have been asked to complete a standard form Contract Notice for a stationery and office consumables contract. The items are listed below (pencils, ballpoint pens, printer ribbons, toner for photocopiers, staples, paper). Using the online search facility find the relevant CPV references.”
If CPV codes are not used in the country where training is being provided, delete this exercise.
E-81 / E.2.4
ADVERTISEMENT OF NOTICES – ISSUES ARISING FROM SECTION 3
“The European Commission has issued a Guidance Note on the CPVs and also Explanatory notices on the 2008 CPV update. These documents are available at the Simap website under the ‘CPV’ heading”
Deposits, guarantees, financing and payment arrangements (EJEU notice section III.1.1 and III.1.2) – insert information here if local provisions apply.
Particular legal form (OJEU notice section III.1.3 – insert information here if local provisions apply.
E-82 / E.2.5
SELF-TEST QUESTIONS
1. What are the advertising requirements for contracts under the EU financial thresholds?
E-86 / E.3.1
1.5 LEGAL INFORMATION HELPFUL TO HAVE TO HAND
Adapt for local use using the format below, including listing the relevant national legislation, key elements of that legislation and, where pre-qualification questionnaires exist, where they can be accessed. This section may need expanding to reflect particular local requirements relating to the selection of economic operators. This may include adding information relating to sub-threshold and/or low-value contracts.
E-88 AND E-89 / E.3.2
2.1 INTRODUCTION
Adapt all of this section using relevant local legislation, processes and terminology.
E-89
AND E-90 / E.3.2
2.2 THE DIFFERENCE BETWEEN SELECTION AND AWARD
Adapt all of this sub-section for local use – using relevant local legislation, processes and terminology.
E-90
AND E-91 / E.3.2
2.3 THE SELECTION OF ECONOMIC OPERATORS IN OPEN PROCEDURES VS TWO-STAGE PROCEDURES
Adapt all of this sub-section for local use – using relevant local legislation, processes and terminology.
E-92 / E.3.2
2.4 THE SELECTION CRITERIA
Adapt all of this sub-section for local use – using relevant local legislation, processes and terminology.
E-93 UNTIL E-98 / E.3.2
2.4.1.1 MANDATORY GROUNDS FOR EXCLUSIONS
Adapt all of this sub-section for local use – using relevant local legislation, processes and terminology.
“A contracting authority is obliged to exclude from participation in a contract award procedure those economic operators that are known to have been convicted by final judgement for one or more of the following criminal activities (article 45(1))”
Adapt for local use by indicating the mandatory grounds for exclusion applicable under national law.
E-93 / E.3.2
2.4.1.1 MANDATORY GROUNDS FOR EXCLUSIONS
“A contracting authority is obliged to exclude from participation in a contract award procedure those economic operators that are known to have been convicted by final judgement for one or more of the following criminal activities (article 45(1))”
Adapt for local use by indicating the mandatory grounds for exclusion applicable under national law.
“The Directive explicitly leaves it to member states to provide for a derogation from the requirement of mandatory exclusion if there is an overriding requirement that is in general interest (article 45(1))”
Adapt for local use – indicate if derogation from the requirement of mandatory exclusion is allowed under national law and the grounds for its application.
E-94 / E.3.2
2.4.1.1 MANDATORY GROUNDS FOR EXCLUSIONS
“NB. The Directive explicitly requires states to specify, in accordance with their national laws and in compliance with Community law, the conditions for the implementation of the provisions on the mandatory grounds for exclusion (article 45(1)). This requirement is indented to ensure a transparent system, for the selection of economic operators: The points considered above are only some of the conditions of implementation that are likely to be addressed by member states. ”
Adapt for local use – making reference to any local rules on these issues and add any other relevant issues addressed by local legislation.
E-95 / E.3.2
2.4.1.1 MANDATORY GROUNDS FOR EXCLUSIONS
“The Directive does not give any guidance as to whether the mandatory grounds for exclusion apply to each member of a group of economic operators/consortium.
Normally, national legislation would explicitly deal with this point.””
Adapt for local use by indicating the rules applicable under national law.
“The Directive does not indicate whether the mandatory grounds for exclusion apply to sub-contractors. In fact, strictly speaking, the Directive applies only to the selection of the parties to the contract.
Normally, national legislation would explicitly deal with this point.”
Adapt for local use by indicating the rules applicable under national law.
E-96 / E.3.2
2.4.1.1 MANDATORY GROUNDS FOR EXCLUSIONS
Exclusion of an economic operator in case of conviction of its director(s) or of other persons having managerial/control power over the economic operator.
Adapt for local use by indicating the rules applicable under national law.
Evidence that may be requested from an economic operator to prove that it does not fall under any of the mandatory grounds for exclusion.
Adapt for local use by indicating the rules applicable under national law.
E-97 / E.3.2
2.4.1.1 MANDATORY GROUNDS FOR EXCLUSIONS
“NB. It should be noted that member states would normally specify the form that the evidence should take, for example whether they should be submitted in the original copy, certified copy, simple copy or in electronic form, in which language they should be submitted, if they should be accompanied by a translation, etc. The Directive is silent on these issues.”
Adapt for local use – making reference to any local rules on these issues and adding any other relevant issues addressed by local legislation.
E-98 UNTIL E-101 / E.3.2
2.4.1.2 OPTIONAL GROUNDS FOR EXCLUSION
Adapt all of this sub-section for local use – using relevant local legislation, processes and terminology.
E-98 / E.3.2
2.4.1.2 OPTIONAL GROUNDS FOR EXCLUSION
“A contracting authority is permitted (and not obliged) to exclude from participation in the procurement process those economic operators that…”
Adapt for local use by indicating the optional grounds for exclusion applicable under national law.
E-99 / E.3.2
2.4.1.2 OPTIONAL GROUNDS FOR EXCLUSION
“N.B. The Directive explicitly requires member states to specify, in accordance with their national laws and in compliance with Community law, the conditions for the implementation of the provisions on the optional grounds for exclusion (article 45(2))…”
Adapt for local use – making reference to any local rules on these issues and adding any other relevant issues addressed by local legislation.
Optional grounds for exclusion and groups of economic operators/consortia
Adapt for local use by indicating the rules applicable under national law.
E-100 / E.3.2
2.4.1.2 OPTIONAL GROUNDS FOR EXCLUSION
Optional grounds for exclusion and sub-contractors
Adapt for local use by indicating the rules applicable under national law.
Exclusion of an economic operator in the case where its director(s) or other persons in charge of it fall under the optional grounds for exclusion
Adapt for local use by indicating the rules applicable under national law.
E-101 / E.3.2
2.4.1.2 OPTIONAL GROUNDS FOR EXCLUSION
Evidence that may be requested from economic operators to prove that they do not fall under the optional grounds for exclusion
Adapt for local use by indicating the rules applicable under national law.
“N.B. It should be noted that EU Member States would normally specify the form that the evidence should take, for example whether they should be submitted in the original copy, certified copy or simple copy or in electronic form, in which language they should be submitted, if they should be accompanied by a translation, etc. The Directive is silent on these issues.”