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E UROPEAN U NION ATHENA 2009

E UROPEAN U NION ATHENA 2009. Council decision 2008/975/CFSP of 18 December 2008 ( OJ 23/12/2008 L 345/96 ). PROCUREMENT. AGENDA Cyclus overview General characteristics Stages of the procurement procedures Taxes. PROCUREMENT.

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E UROPEAN U NION ATHENA 2009

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  1. EUROPEAN UNION ATHENA 2009 Council decision 2008/975/CFSP of 18 December 2008 ( OJ 23/12/2008 L 345/96 ) A T H E N A

  2. PROCUREMENT AGENDA • Cyclus overview • General characteristics • Stages of the procurement procedures • Taxes A T H E N A

  3. PROCUREMENT • Procurement Guide • Documentary Fiches and templates • Availability • By end of March • Book, CDs, files, … • www.athena.europa.eu • Expected revision of the ATHENA procurement rules • Based on “Public contracts in the field of defence and security” • End of 2009 or 2010 A T H E N A

  4. 1. PROCUREMENT CYCLUS OVERVIEW 1. Request 2. Make a commitment in the budget (=reserve appropriations) 3. Draw up technical specifications (with responsible branch) Draw up administrative requirements (candidates’capacities) 4. Advertise 5. Select successful candidate 6. Conclude a contract 7. Check delivery 8. Enter in the inventory 9. Pay against receipt 10. Write off A T H E N A

  5. 1. PROCUREMENT CYCLUS OVERVIEW • To receive a request • Collaboration between J* • Approval of the request by the Authorizing Offr 2. Make a commitment in the budget • temptation for every section (J1, J4, J6) to buy and then bring the bill, especially early in operation • should be avoided: • budget is a limit and must be complied with • budget must be managed: redeployment of appropriations during operation are usually necessary • therefore, sequence « budget commitment then contract or purchase order » should be complied with A T H E N A

  6. 1. PROCUREMENT CYCLUS OVERVIEW 3. a.Technical specifications: • essential, even if takes time • equirements must be proportionate to needs and duration of operation (principle of economy) • requirements must be sufficiently detailed b. Administrative requirements: • candidates capacity to do the job essential, especially in theatre • security requirements • performance guarantee: • compulsory if pre-financing exceeds 150 000 euros or contact above 137 000 euros (5 to 10% of contract) A T H E N A

  7. 1. PROCUREMENT CYCLUS OVERVIEW 4. Advertise • If above the « higher threshold » and no deviation: • in the Official Journal of the European Union • If below the « higher threshold » or with a deviation: • advertise by any means: • local chamber of commerce, confederation of industry • local press • can resort to existing lists (provided by Embassy, Commission delegation, etc.) A T H E N A

  8. 1. PROCUREMENT CYCLUS OVERVIEW 5. Select the successfull candidate • Ifabove the « higher threshold » and no deviation: • formal tender (double sealed envelopes) • If below the « higher threshold » or with a deviation: • negotiated procedure: • negotiate price & services, works, supplies • In any case • selection committee: • appointed by authorising officer (Operation Commander, by delegation: local J8) • at least 3 persons from 2 different sections of the HQ concerned (J8+technical branch concerned) A T H E N A

  9. 1. PROCUREMENT CYCLUS OVERVIEW 5. Select the successfull candidate (continued) Criteria: • either the lowest price • should be the rule • or the best-value-for-money • taking into account notably the capacity to do the job within the timeframe • must be specified in the specifications • report on procedure, including reasons for selection A T H E N A

  10. 1. PROCUREMENT CYCLUS OVERVIEW 6. Conclude a contract • in writing (to avoid doubts and conflicts) • 2 possible forms: • either a single document signed by the parties • or a signed commitment from the candidate (offer, acceptance of the conditions set out by the contracting authority), signed by the contracting authority • Notify successful candidate • Inform others • Enter into accounts (legal commitment) A T H E N A

  11. 1. PROCUREMENT CYCLUS OVERVIEW 7. Check delivery • If works or services: • performance must be monitored closely & continuously • conformity to contract must be assessed • If supplies: • delivery and conformity to contract must be assessed • In any case, delivery and acceptance of the works, services or supplies must be certified (by the technical branch concerned) before final payment may be made A T H E N A

  12. 1. PROCUREMENT CYCLUS OVERVIEW 8. Enter in the inventory • Must be done immediately on acceptance • Responsible branches must be made aware • All items with a period of use normally greater than one year • Not based on the value, but on normal durability & in accordance with the accounting policy (eg: portable phones should be on the inventory) • Should contain: • description of items • location/person responsible • date of acceptance • purchase cost A T H E N A

  13. 1. PROCUREMENT CYCLUS OVERVIEW 9. Pay • Payments may be made: • on account (upon ordering, before work starts) • as interim payments (usually according to progress) • of the balance due after acceptance. • Payments on account should be kept minimal • Interim payments should be made based on acceptance of partial delivery or progress made • Final balance may be paid only after final acceptance • Two signatures required for any payment (authorizing officer + accounting officer) A T H E N A

  14. 1. PROCUREMENT CYCLUS OVERVIEW 10. Write off • Distinct from final destination of equipment, to be decided by Special Committee, at end of operation • In every HQ, a write-off committee: • the head of the J8 • the head of the branch responsible for the equipment • the head of the branch responsible for its maintenance • < 30 000 euros: HQ’s commander may decide a write off • > 30 000 euros:HQ’s commander may decide with written assent of Write Off Committee • In case of loss or destruction: report filed by J8 and write off A T H E N A

  15. PROCUREMENT AGENDA • Cyclus overview • General characteristics • Framework • Choice of the procedure • Time-lines • Publication • Deviations • Stages of the procurement procedures • Taxes A T H E N A

  16. 2. GENERAL CHARACTERISTICS A. Framework Reference:ATHENA Financial Rules 2006 – Part II (based on EC Directive 2004/18) Applicable except for Berlin + operations (NATO rules!) To procure what? • Anything eligible as common costs or « Nation Borne Costs » • No authority to contract outside ATHENA’s scope => ex: Oursourcing of military capabilities (guards, …) • Request by Operation Commander to Special Committee • No outsourcing of military capabilities before authorization granted by Special Committee A T H E N A

  17. Request to procure Nature of the envisaged procurement Envisaged purchase is eligible for common funding or considered as Nation Borne Cost Outsourcing of military capabilities Authorization granted by the Special Committee Sufficient appropriations are available in the budget Purchase may be through New ATHENA procurement procedure Request for derogation to the Special Committee Valid Administrative arrangement Contract already awarded by a MS, an EU Institution, an International organisation or a Central Purchasing body A T H E N A

  18. 2. GENERAL CHARACTERISTICS B. Procedure’s choice • Applicable procedure determined by: • estimated cost excluding VAT, no splitting • thresholds • Lower Threshold: 30.000 EUR • Higher Threshold: 137.000 EUR for services for supplies listed at Annex 211.000 EUR for other supplies 5.278.000 EUR for public works • Deviations: for simpler procedure, if admissible justifications A T H E N A

  19. 2. GENERAL CHARACTERISTICS Usual procedures iaw thresholds • X < 5000 euros: payment on invoices possible (Imprest accounts) • (5000 <) X < 30 000 euros (« lower threshold »): • negotiated procedure with 3, • but J8 may opt for negotiated procedure with 1, without formal derogation • 30 000 euros < X < « higher threshold » • negotiated procedure with 3, • but negotiated procedure with 1 possible with formal derogation • Above the « higher threshold »: 137 / 211 keuros for services and goods, 5, 278 Meuros for infrastructure works • tenders, except where formal derogation A T H E N A

  20. A T H E N A

  21. A T H E N A

  22. 2. GENERAL CHARACTERISTICS C. Normal Deadlines • Open tender - Without pre-information notice: 52 days or 40 if electronic means (Internet) - With pre-information notice: 22 days if Prior information notice • Restricted Procedures - Without pre-information notice 37 days for requests to participate or 30 if Internet 40 days to receive tenders or 35 days if Internet • With pre-information notice 37 days for requests to participate or 30 if Internet 22 days to receive tenders or 17 days if Internet • Negotiated procedure with publication of a contract notice - Without pre-information notice: 37 days for requests to participate or 30 days if e-mail A T H E N A

  23. SOP « Time-lines » (Extract) A T H E N A

  24. 2. GENERAL CHARACTERISTICS D. Publication • Above « higher threshold »: • in the EU Official Journal • Can be done also in theatre (local press, chambers of commerce) • Below « higher threshold »: • Appropriate means (local press, …) • Could be done also in the EU Official Journal • What to publish? - Prior information notice - Call for expression for interests - Contract notice - Award notice A T H E N A

  25. 2. GENERAL CHARACTERISTICS E. Deviations • For what: • For any simpler procedure, including single source • For shortened deadlines • To receive the applications: 15 days • To receive the tenders: 10 days • For publication or geographical scope, … • Above 30 000 euros (formal justification needed) • Which authority? • 30 000 < X < 137 000 EUR: J8 • 137 000 < X < 1 M EUR: ATHENA’s administrator • >1 M EUR: ATHENA’s Special Committee through the administrator • Requests: from J8 to administrator by e-mail A T H E N A

  26. 2. GENERAL CHARACTERISTICS Which justifications for derogations? (most frequently used) • Extreme urgency • When for technical or artistic reasons, the contract may be awarded only to one particular operator (ex: public monopolies) • Acquisition or rental of land or existing buildings • Additional supplies, where a change in supplier would create technical difficulties (incompatibility, problems in maintenance) • Additional works or services, not exceeding 50% of initial works • Use of a national contract, awarded in conformity with EC Directives A T H E N A

  27. PROCUREMENT AGENDA • Cyclus overview • General characteristics • Framework • Choice of the procedure • Time-lines • Publication • Deviations • Stages of the procurement procedures • Generic procedural steps and activities • Workflow (example) • Taxes A T H E N A

  28. 3. STAGES of the PROCUREMENT PROCEDURES CYCLUS OVERVIEW (10 steps) (from the request to the potential write-off) GENERIC PROCUREMENT ACTIVITIES A T H E N A

  29. 3. STAGES of the PROCUREMENT PROCEDURES • Ex-ante publicity (not mandatory) • Pre-information notice • Call for expression of interest • Preparation of the tender documents • Tender specifications • Subject of the contract and specifications • Eligibility to participate in the tendering procedure • Exclusion, selection and award criteria • Terms of the contract including payments • Volume of the contract, price and guarantees • Draft contract • Invitation to tender or to negotiate A T H E N A

  30. 3. STAGES of the PROCUREMENT PROCEDURES • Contract notice • Scope and content • Arrangements for publication • From the launching of the call for tenders to the deadline • Receipt of requests to participate • Selection of candidates • Dispatch of tender documents • Receipt of tenders A T H E N A

  31. 3. STAGES of the PROCUREMENT PROCEDURES • Opening and evaluation of tenders • Arrangements for opening and evaluating tenders • Opening and evaluation • Evaluation report and ranking of tenders/requests to participate • Award of the contract and ex-post information • Award decision • Notification of the award decision • Signature of the contract • Information for candidates and tenderers • Publication of an award notice • Potential request for additional information A T H E N A

  32. PROCUREMENT AGENDA • Cyclus overview • General characteristics • Framework • Choice of the procedure • Time-lines • Publication • Deviations • Stages of the procurement procedures • Generic procedural steps and activities • Workflow • Extract from the Procurement Guide • Example of the “Open procedure” • Taxes A T H E N A

  33. A T H E N A

  34. PROCUREMENT AGENDA • Cyclus overview • General characteristics • Framework • Choice of the procedure • Time-lines • Publication • Deviations • Stages of the procurement procedures • Taxes A T H E N A

  35. TAXES In theatre: • SOFA provides exemption from taxes, customs duties and customs procedures • Except where taxes for services rendered In the EU: • Decision by Member States = Treaty • Ratification A T H E N A

  36. EUROPEAN UNION ATHENA QUESTIONS ?

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