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Framework Contract

Framework Contract

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Framework Contract

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  1. Framework Contract INFO-DAY Athens – 23 June 2008 Agnès Champion EuropeAid F4

  2. What is the Framework contract ? External aid operations : slides 3 to 6 EuropeAid FWC : slide 7 to 11 Opportunities for the Framework contract: 12 Present FWC : slides 13 to 21 Future FWC : slides 22 to end Presentation structure

  3. Multi-annualProgramming Evaluation Identification Implementation Formulation Financing Who does what? DG Development DG External Relations EuropeAid Joint responsibility EuropeAid EuropeAid EuropeAid

  4. EC External ActionsNew Instruments 2007 Geographical coverage • Pre-accession: IPA • Neighbourhood: ENPI • Development: DCI and EDF (10th EDF from 2008) • Industrialised countries: ICI General coverage • Thematic programmes (included in DCI) • Human rights: EIDHR • Stability: IFS • Nuclear safety: NSI • Humanitarian aid and Macro-financial aid

  5. Who manages? shared decentralised jointly centralised (Member (Third with international States ) Countries) organisations direct indirect bodies set up by bodies with a public executive service mission Communities agencies "(tradit. agencies) " "(nat. agencies)"

  6. Legal BasesBudget 9th EDF Council regulation Legal base of programme Financial Regulation Cotonou Agreement Comm regulation Implementing Rules ofFinancial Reg. ACP-EC Council regulation General Regulations & General Conditionscontracts Comm decision AIDCO Rules and Procedures Council regulation Financial Regulation AIDCO decision Practical Guides (Contract/Finance/Programme estimates) Instruction Notes

  7. 2 main EuropeAid FWC Competition between Framework contractors for each mission

  8. PRAGThe Practical Guide • Harmonisation of procedures for External aid procurement procedures • Sole working tool • Coherent application of rules • New update next weeks

  9. FWC BENEFA Procurement procedure International restricted tender 200.000 • FWCwhere possible, otherwise • Competitive negotiated procedure/simplified • procedure (EDF) 10.000(5.000EDF) Single tender

  10. FWC BENEF Procedure

  11. until 15/9/2009 : sub-contractor of the Framework contractors whose list on internet Either as individual expert Or as a firm 2. Tender for the future FWC BENEF 2009: participating as a partner or lead firm in a consortium candidate FWC opportunities

  12. FWC Information http://ec.europa.eu/europeaid/work/framework-contract/index_en.htm

  13. FWC BENEF documents

  14. FWC’rs data and list

  15. FWC Commission 2007 Lots

  16. FWC BENEF Lots Lot 1: Rural development and Food Security (7 FWC’rs) Lot 2: Transport and Infrastructure (6) Lot 3: Telecommunications and Information Technologies (7) Lot 4: Energy and Nuclear Safety (5) Lot 5: Conferences (4) Lot 6: Environment (7) Lot 7: Culture, Governance and Home Affairs (7) Lot 8: Health (5) Lot 9: Education, Employment and Social (6) Lot 10: Support to Industry / Commerce / Services (7) Lot 11: Macro economy, Public Finance and Regulatory Aspects (7) Lot 12: Standards (6) Lot 13: Humanitary Aid, Crisis Management & Post-Crisis Assistance (4)

  17. FWC BENEFSub-sectors common to 13 lots • programme / project identification and preparation / formulation, • assistance implementation, • preparation of ToR’s (services, works, supplies, …) and evaluation of offers, • evaluations (ex-ante, interim, ex-post etc.), monitoring • (Cross-) sectoral policies and reforms, • (Cross-) sectoral and macroeconomic (economic, budgetary) appraisals/studies (incl. Public expenditure review), • legislation, regulations and law enforcement, • approximation of legislation (acquis communautaire), • institutional building, • training and research, • awareness-raising, (incl. information and communication) • information systems and technological issues • gender issues, • environmental issues • HIV/AIDS issues (impact, prevention, mitigation).

  18. FWC BENEFSub-sectors specific to lot 10 • B. TECHNICAL DESCRIPTION • Investment promotion (domestic and foreign) • Small and Medium enterprises (SME) support (inclusive advisory services for management, production, technology, research & development, marketing, partnership, safety, exports promotion, financing, human resources management incl. gender issue, training, environmental impact,  production quality, etc.) • Commercial banking, inclusive financial services to SMEs (credit lines, equity, guarantees, micro-credits …), guarantee funds • Supporting professional/commercial/advisory bodies (professional associations, decentralised advisory agencies, local consultancy strengthening, chambers of commerce, European Information Correspondence Centres (EICC) networking), Business Centres • Stock exchange

  19. FWC BENEFTA/studies mission • To be implemented in the countries benefiting of external aid (exclusive benefit of beneficiaries) • Short term (260working days maximum within 2 years maximum) • 199.999 € maximum

  20. Content of offer : financial offer + if required methodology + experts CVs + statement of availibility & exclusivity (validity : 14 days) Criteria : 1) administrative compliance 2) technical evaluation : CV/methodology Total fees comparison Notification of results within 14 days of offers submission FWC BENEF Assignments award criteria

  21. An international restricted tender according to procurement rules for external aid : it is not an open list. Transparency, proportionality, equal treatment, non-discrimination and fair competition Maximum FWC duration : 4 years FWC BENEF 2009 call for tenderLegal framework

  22. http://ec.europa.eu/europeaid/work/index_en.htm

  23. Tender opportunity EuropeAid Webpage

  24. FWC BENEF amounts

  25. FWC BENEF 2009 tender

  26. Time Line FWC BENEF 2004 tender 6-7 months for a service contract tender / 16 months for FWC Contract Signature Contract Award Tender Launch 50 days Procurement Notice 30 days Forecast 30 days Evaluation Shortlist 15/05/04 9/07/04 04/10/04 17/12/ 04 14/02/ 05 20/05/05 Sep 05

  27. OJ/EuropeAid tender pages/some delegations website General Information : lots titles, estimated amounts & nationality eligibility Not binding Published at least 30 days before Procurement Notice FWC BENEF 2009 Forecast

  28. Where ? OJ/EuropeAid tender web pages/possibly locally When ? at least 30 days before deadline Content ? legally binding - Conditions of participation - Lots detailed description: sectors - Selection criteria - Number of candidates that will be invited to tender Clarifications on content will be possible before deadline for submission of applications Procurement Notice

  29. Procurement eligibility external aid • Member States • EEA • Accession countries • Beneficiary countries of the programme • International Organisations • Reciprocity • Natural and legal persons • Origin same as eligibility for nationals

  30. Short-listing • Administrative compliance : nationality, declaration for exclusion and limitations of applications • Selection criteria applied to check financial, professional & technical capacities: • Result = Shortlist published on EuropeAid website

  31. Tender Launch • Candidates informed + publication of shortlist notice • Dispatch Tender Dossier : gives minimum and maximum number of tenderers to be retained per lot. • Deadline for Submission = min. 50 days • Questions 21 days – Answers 11 days • Tenders are valid 90 days

  32. Evaluation 5 phases • Tender Opening Session • Administrative compliance • Technical Evaluation • Financial Evaluation • Conclusion

  33. Common mistakes made by candidates or tenderers What can go wrong?

  34. Administrative reasons • Late arrival • Incomplete documentation • Not in accordance with templates • Lack of original documents or required translations • Not signed • Tenderer/Candidate/partner not eligible • Financial offer notin separate envelope

  35. Technical reasons • Experts do not have the required experience • Copy and paste of Terms of Reference

  36. FWC Award Committee recommends to • Award the contract to the best value for money offers within the number limits set in tender dossier OR • Cancel the procedure Contracting Authority must approve the evaluation report

  37. FWC Signature • Inform successful and unsuccessful tenderers and ask for “Proof documents” • Commission signs and sends the contract • PublishContract Award Notice

  38. FWC Tendering processMy company does not fulfil the selection criteria…. • Form a consortium (the consortium as a whole must meet the criteria, not each individual company, ! Leading firm !)! • Try and gain relevant experience as consortium partner ! • An economic operator may rely on the capacities of other entities for a particular contract (undertaking)! See Application form : “An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator.”

  39. FWC’r quality requirements • Covering all the sectors of the lot : consortia • Quick reaction : network of experts • Quality insurance : backstopping & monitoring = in house capacities • Local network : geographical coverage

  40. Questions?