GoConqr has a new look! Let us know what you think.

Mind map

EU PROCUREMENT

sh4n3_hubb4rd English

Mind map on EU procurement: legal framework, covered contracts, procedures and enforcement

Mind map: EU procurement

Map content

EU PROCUREMENT

  1. LEGAL FRAMEWORK

    • TFEU Freedoms x3
      • 1.Goods
      • 2. Establishment
      • 3. Services;
    • EU Principles x5
      • Equal treatment
      • Transparency
      • Non-discrimination
      • Mutual recognition
      • Proportionality
    • New Directives
      • PSD 2014/24/EU
      • UPD 2014/25/EU
      • Concession Contracts 2014/23/EU
  2. WHO MUST COMPLY?

    • CA (Contracting Authorities)
      • Government departments
      • Local authorities
      • Police and fire authorities
      • NHS Trusts
      • NDPBs
  3. WHICH CONTRACTS ARE COVERED?

    • Public Supply Contracts
    • Public Works Contract
    • PSC or PWC under a Framework Agreement (FA) or Dynamic Purchasing System (DPS)
    • AND where the estimated value of the contract/framework is = or > financial threshold (net of VAT).
    • Additional UK national rules Part 4 + Part 5
  4. IN-HOUSE & POOLED SERVICES

    • DLO's and DSO's generally exempt
    • Teckal Exemption (in-house companies)
      • Control Test
      • Activities Test
      • Private Capital Participation
    • Hamburg Exemption (pooled funding)
      • Control Test
      • Public Interest
      • Open Market Test
  5. ADVERTISING

    • Contracts Caught: OJEU NOTICE
    • Prior Information Note (PIN)
      • PIN (12 Month period) call for competition
  6. PROCEDURES

    • Open Procedure (OP)
    • Restricted Procedure (RP)
    • Competitive Dialogue (CDP)
    • Competitive Procedure with Negotiation (CP-w-N)
    • Innovation Partnership procedure (IPP)
      • partnership structured with progressive phases
    • Accelerated Restricted Procedure (ARP)
    • Accelerated CD + CP-w-N
  7. PRINCIPLES OF CONTRACT

  8. SELECTION (PRE-QUALIFICATION)

    • Mandatory Exclusion Grounds
      • Organised crime, corruption, fraud or money laundering
    • Discretionary Exclusion
      • bankruptcy or professional misconduct
    • Note new rules of self-cleaning
    • PQQ
      • Minimum Turnover requirement max x2 of contract value
      • PQQ stage prohibited for
        • sub-threshold contracts (apart from sub-threshold works valued between £173,934 (£111,676 for central government) and £4,322,012)
        • LTR contracts valued between £173,934 (£111,676 for central government) and the sterling equivalent of EU 750k.
  9. AWARD PROCEDURE TIMESCALES

    • OP
      • Min time between OJEU N and tenders = 52 days (40 if electronic).
      • PIN can reduce further if published ast least 52 days before and no > than 12 months before OJEU N.
    • RP
      • Min time between invitation and tender PQQ = 37 (30 if electronically)
    • ARP
      • Only if 'urgency': 15 days for receipt of PQQs (10 days if electronic OJEU) THEN 10 days for receipt of tenders.
    • CDP + CP-w-N
      • Min time between invitation and Dialogue / Negotiation / PQQ = 37 Days (30 if electronically)
    • Acc CDP + CP-w-N
      • Min time between invitation and Negotiation / PQQ = 15 (10 electronically)
    • IPP
  10. EVALUATION OF BIDS AND AWARD STAGE

    • Now based on MEAT (Most Economically Advantageous Tender)
      • must include specific reference to social and environmental criteria
      • Alcatel 10 day standstill applies
      • Must be clear distinction between selection criteria and award criteria
  11. RENEWALS, EXTENSIONS & MATERIAL CHANGES

    • New Contract if a 'material change'
      • Codified 'Pressetext' Principles
        • 1. Introducing conditions which would have resulted in different tenderer outcome
        • 2. Alter contract scope
        • 3. economic balance changed in favour of contractor
  12. FRAMEWORKS

    • Cannot exceed 4 years period
    • Call-off contracts achieved in 2 ways
      • 1. Direct call-offs
      • 2. Mini-competitions
  13. ENFORCEMENT & REMEDIES

    • Options
      • 1. Damages
      • 2. Suspension of Award (if contract not entered in to)
      • 3.Contract deemed 'ineffective' + civil financial penalties
    • Requirements
      • Complainant must start proceedings within 30 days of when it “knew of ought to have known that grounds for starting the proceedings had arisen”
      • For an an Ineffectiveness challenge
        • If no OJEU notice: proceedings must start within 6 months of contract being entered in to
        • If was OJEU notice: 30 days of CAN
        • Note: Voluntary Transparency Notice
  14. WHICH CONTRACTS ARE NOT COVERED?

    • Expressly Excluded
    • < £ Threshold (net of VAT)
      • PWC £4,322,012
      • PSC central govt £111,676
      • PSC by sub-central £173,934
      • LTR for Annex XIV listed procurements 750,000 Euros
    • Light Touch Regime
      • LTR for Annex XIV listed
      • Above €750,000 c-b interest
      • Below €750,000 not c-b interest
    • Note Mixed Contracts + Aggregation Rules + Realistic Prospect caveat
    • Development Agreements
  15. MINIMUMS FOR TENDER

    • *Competitive Dialogue (3)
    • Restricted (5)
    • Competitive Procedure with Negotiation (3)

Information

Description
Mind Map on EU PROCUREMENT, created by sh4n3_hubb4rd on 27/11/2014.
Created by
sh4n3_hubb4rd
Views
22
Rating

Feedback

What is it about?

What do you think of the new look?

How do you like it?