Guide on European Community rules for awarding procurement contracts financed by the

1. Guide on European Community rules for awarding procurement contracts financed by the IPA Adriatic CBC Programme Issued by the Joint Technical Secretariat of IPA Adriatic CBC Programme

2. Rules for awarding contracts (Reg. (EC) COM 718/2007 art. 121) For the award of service, supply and work contracts, the procurement procedures shall follow the provisions of Chapter 3 of Part 2, Title IV of Regulation (EC, Euratom) No 1605/2002 and Chapter 3 of Part 2, Title III of Regulation (EC, Euratom) No 2342/2002, as well as Commission Decision C(2007) 2034 on the rules and procedures applicable to service, supply and work contracts financed by the general budget of the European Communities for the purposes of co-operation with third countries, with the exclusion of Section II.8.2. Those provisions shall apply in the whole area of the cross-border programme, both on the Member States' and on the beneficiary countries' territory. Services Supplies Works

3. DEFINITIONS OF CONTRACT (art. 116, Reg. (EC, Euratom) 2342/02) Service contracts cover all the intellectual and non-intellectual services other than those covered by supply and work contracts. These services are listed in Annexes IIA and IIB of the Council Directive 2004/18 EC. Services Supply contracts cover the purchase, leasing, rental or hire purchase, with or without option to buy, of products. A contract for the supply of products and, incidentally, for sitting and installation woks shall be considered a supply contract Supplies ‘Work contracts cover the execution, or the design and the execution, jointly, of works related to one of the activities referred to in Annex I of the Directive 2004/18/EC, or the carrying out, by whatever means, of a work corresponding to the requirements specified by the contracting authority. “Work” means the result of a set of building works or of the civil engineering having an economic function or an independent technical function. Works

4. Definition of studies and technical assistance (art. 236, Reg. (CE, Euratom) 2342/02) Service contracts shall include the studies and technical assistance contracts. Study activity: when a contract is concluded between a service provider and the contracting authority which includes also the studies for the identification and preparation of projects, feasibility studies, economic and market studies, technical studies and Audits. Technical assistance activity: occurs when the service provider is called on to play a consulting function, or is requested to take the direction and the supervision of the project or provide the experts specified in the contract.

5. Mandatory Principles (Part I, Title II, Reg. (EC, Euratom) 2342/02) COM 2006/C /179/02 “Notwithstanding the fact that, as Community law stands at present, such contracts are excluded from the scope of Directive 93/38, the contracting entities concluding them are, none the less, bound to comply with the fundamental rules of the Treaty, in general, and the principle of non-discrimination on the ground of nationality, in particular, that principle implying, in particular, an obligation of transparency in order to enable the contracting authority to satisfy itself that the principle has been complied with. That obligation of transparency which is imposed on the contracting authority consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the services market to be opened up to competition and the impartiality of procurement procedures to be reviewed. It is for the national court to rule on the question whether that obligation was complied with in the case in the main proceedings and also to assess the materiality of the evidence produced to that effect.”(ECJ Sentence, 7.12.2000, in case C-324/98, Telaustria vs Telefonadress, see also, with the same meaning for contract of low value, ECJ Order, 3 Dec. 2001, in case C-59/00, point 19, Vestergaard). See also the EC interpretative Communication COM 2006/C /179/02 • The entrustment must be carried out respecting the principles of the Treaty: • Right of Establishment (art. 49) • Freedom to provided services (art. 56) and goods (art. 34) • Prohibition to apply unjustified restrictions for nationality (art. 49, 56, and Title V) • Transparency and not discrimination (art. 106) • As well as, in the respect of rules of: • Mutuality recognition for foreign operators (COM (2007) 2034, Part II, Section II.2.1.) • Origins of goods provided (COM (2007) 2034, Part II, Section II.2.2.) • Besides, works, services and supplies implementation must ensure the quality offered and their carrying out respecting the principles of inexpensiveness, effectiveness, timeliness and correctness

6. Hierarchy of applying rules (art. 121, par. 1, paragraph 1, Reg. (EC) 718/07) Regulation (EC, Euratom) 1605/2002, Part II, Title IV (Art. 162-170): financial regulation applicable to the general budget of the European Communities Regulation (EC, Euratom) 2342/2002, Part II, Title III, Chapter III (Art. 235-252): detailed rules for the implementation of Regulation (EC, Euratom) n. 1605/2002 Decision of the Commission 2034/2007 (sections II2-II7): rules and procedures on contracts for cooperation actions with non member countries financed by the Community budget. In absence of specific provision or a reference to a national law, the respective national law will apply in the light of Community regulations mentioned by the Programme.

7. WHO HAS TO APPLY THESE RULES? ALL BENEFICIARIES OF IPA ADRIATIC CBC PROGRAMME FUNDS !!! Any final beneficiary, including eventually its sub-beneficiary/ies (see, art. 121 of EC Reg. 718/2007). Any body that has the task of implement the technical assistance activities of the IPA Adriatic CBC OP (see, art. 121 of EC Reg. 718/2007 as have been reformed by the EC Reg. 80/2010, for which section II.8.2 of EC C-2034/2007 does not apply) Each expenditure incurred without respecting the rules as referred to in art. 121 of Reg. (EC) 718/2007 is not eligible and so it can not be reimbursed by the Program!!!

8. HOW TO DEFINE THE PARTIES (art. 116, Reg. (CE, Euratom) 2342/02) The beneficiaries of the Program funds addressing to the market to obtain services and products supply or works execution Contracting Authority Natural and legal person (including public bodies and consortium of such persons) providing the execution of works on the market Building contractor Natural and legal person (including public bodies and consortium of such persons) providing products supply on the market Supplier Natural and legal person (including public bodies and consortium of such persons) providing service supply on the market Services provider Economic operator who have submitted a tender Tenderer Economic operator who asked to participate to a restricted procedure or a restricted stage of procedure selection Candidate

9. TYPES OF CONTRACTOR SELECTION PROCEDURES (art. 122, par. 1 and 2, Reg. (EC, Euratom) 2342/02) All interested economic operator may submit a tender Open All economic operators may ask to participate but only candidates satisfying the selection criteria and invited simultaneously and in writing by the contracting authorities may submit a tender Restricted The contracting authorities shall consult tenderers of their choice who satisfy the selection criteria and negotiate the terms of the contract with one or more of them. Negotiated

10. HOW TO DETERMINE PROCUREMENT THRESHOLD (Reg. (CE, Euratom) 2342/02, modified by the Reg. (EC, Euratom) 478/2007) From May 1st 2007 the thresholds and the amounts laid down in articles shall be updated every three years in line with movements in the consumer price index in the Community. The European Commission provides to publish, at the envisaged time limit, the new amounts on the Official Journal of the European Union (art. 271, Reg. (CE, Euratom) 2342/2002 mod.). Threshold determination The tender amount has to be determined with VAT not included. Tender amount The estimated value of a contract may not be determined with a view to evading the requirements originally laid down for it. If it is appropriate, the contract can be subdivided in several lots, provided that the contractors selection procedure is not modified (art. 154-156, Reg. (CE, Euratom) 2342/2002). Amount splitting

11. MANDATORY VALUE THRESHOLDS

12. MAIN PROCEDURES FOR AWARDING SERVICE CONTRACTS (art. 241-242, Reg. (EC, Euratom) 2342/02 – Section II.4 EC Decision 2034/2007) Restricted international procedure: only candidates (within a range of 4 to 8, or less in particular cases) satisfying the selection criteria are invited to submit tenders. The procurement notice shall be published in all appropriate media, in particular on the grant beneficiary website, in the international press (OJEC) and the national press (national Gazette) of the country in which the action is being carried out, or in other specialist periodicals - see Section II.4.1 EC Decisions 2034/2007). The list of the selected candidates shall be published on internet site (see, above). ≥ € 200.000 Competitive negotiated procedure or competitive procedure, if an existing Framework Contract is not available or its use is unsuccessful. The negotiated procedure is not open but limited at least to 3 tenderers to be chosen from a list of pre-qualified tenderers of the contracting authority and without notice publication. < € 200.000 > € 10.000 ≤ € 10.000 Negotiated procedure with a single tender, with a single tender, chosen from a list of pre-qualified tenderers of the contracting authority without notice publication and satisfying the Call for tenders requirements. Any value Negotiated procedure with a single tender in exceptional cases listed under article 242 here mentioned. No prior approval from the MA is required.

13. MAIN PROCEDURES FOR AWARDING SUPPLY CONTRACTS (art. 243-244, Reg. (EC, Euratom) 2342/02 – Section II.5 EC Decision 2034/2007) Open international procedure: It must be awarded by means of an international open tender procedure following a publication of a procurement notice in all appropriate media, in particular on the grant beneficiary website, in the international press (OJEC) and the national press (national Gazette) of the country in which the action is being carried out, or in other specialist periodicals (see, Section II.5.1 EC Decision 2034/2007). ≥ € 150.000 Open local procedure: tenderers selection invitation shall be published at least on the OJ of the beneficiary country or with any equivalent communication means used for local invitations to tender. A local open tender procedure must provide other eligible suppliers with the same opportunities as local firms. < € 150.000 ≥ € 60.000 Competitive negotiated procedure or competitive procedure:the negotiated procedure is not open but limited at least to 3 tenderers to be chosen from a list of pre-qualified tenderers of the contracting authority and without notice publication. < € 60.000 ≥ € 10.000 Negotiated procedure with a single tender, with a single tender, chosen from a list of pre-qualified tenderers of the contracting authority without notice publication and satisfying the Call for tenders requirements. ≤ € 10.000 Any value Negotiated procedure with a single tender in exceptional cases listed under article 244 here mentioned. No prior approval from the MA is required.

14. MAIN PROCEDURES FOR AWARDING WORK CONTRACTS (art. 245-246, Reg. (EC, Euratom) 2342/02 – Section II.6 EC Decision 2034/2007) ORDINARY: Open international procedure: the procedure shall be as follows for supply contracts. EXCEPTION: Restricted international procedure: in view of the characteristics of certain works. No prior approval from the MA is required. The procedure shall be as follows for service contracts. In both cases, candidates selection invitation shall be published in all appropriate media, in particular on the grant beneficiary website, in the international press (OJEC) and the national press (national Gazette) of the country in which the action is being carried out, or in other specialist periodicals (see, Section II.6.1 EC Decision 2034/2007. ≥ € 5.000.000 < € 5.000.000 ≥ € 300.000 Local open procedure: unlike the procedure suggested for supplies, in this case tenderers selection invitation shall be published at least on the national Gazette and on Internet (see, above). < € 300.000 ≥ € 10.000 Competitive negotiated procedure or competitive procedure: The negotiated procedure is not open but limited at least to 3 tenderers to be chosen from a list of pre-qualified tenderers of the contracting authority and without notice publication. ≤ € 10.000 Negotiated procedure with a single tender, with a single tender, chosen from a list of pre-qualified tenderers of the contracting authority without notice publication and satisfying the tender invitation requirements. Any value Negotiated procedure with a single tender in exceptional cases listed under article 246 here mentioned. No prior approval from the MA is required.

15. NEGOTIATED PROCEDURE WITH A SINGLE TENDER FOR SERVICE CONTRACTS. See the list on art. 242(1), including also: additional services not covered by the principal contract but which, as a result of unforeseen circumstances, have become necessary for the performance of the contract, provided that the additional service cannot be technically and economically separated from the principal contract without serious inconvenience for the contracting authority and the aggregate amount of additional services does not exceed 50 % of the value of the principal contract; additional services consisting in the repetition of similar services entrusted to the contractor providing services under a first contract, provided that: (i) a contract notice was published for the first service and the possibility of using the negotiated procedure for new services for the project and the estimated cost were clearly indicated in the contract notice published for the first service; (ii) the extension of the contract is a single one and for a value and duration not exceeding the value and the duration of the initial contract. FOR SUPPLY CONTRACTS. See the list on art. 244 (1), including any additional deliveries by the original supplier intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the contracting authority to acquire equipment having different technical characteristics which would result in either incompatibility or disproportionate technical difficulties in operation and maintenance; FOR WORK CONTRACTS. See the list on art. 246 (1), including anyadditional works not included in the initial contract concluded but which have, through unforeseen circumstances, become necessary for carrying out the work described therein, subject to the conditions laid down: (a) where such works cannot be technically or economically separated from the main contract without serious inconvenience for the contracting authority; (b) where such works, although separable from the performance of the original contract, are strictly necessary for its completion; (c) where the aggregate value of contracts awarded for additional works does not exceed 50 % of the value of the principal contract. The grant beneficiary may also use the negotiated procedure for the issue of a financial guarantee when it is required by the grant contract (point b) of Section II.7 of EC C-2034/2007).

16. OTHER PROCEDURES FOR CONTRACTOR SELECTION (Part I, Title V, Chapter I, Section III, Reg. (EC, Euratom) 2342/2002) FRAMEWORK CONTRACT (art. 117), for service performance with at least three economic operators for a time limit of four years for the awarding of specific contracts CONTEST (art. 125), for service and works performance (projecting and ideas) DYNAMIC PURCHASING SYSTEM (art. 125a), for making commonly used purchases ELECTONIC AUCTION SYSTEM (art. 138a), it can be used when the contract specifications can be established with precision COMPETITIVE DIALOGUE (art. 125c), for any particular complex contract performance

17. STAGES FOR THE CONTRACTOR SELECTION

18. MIXED AND DISTINCT CONTRACTS In case of contracts involving both supplies of services and/or supplies of goods and/or the execution of works, the contracting authority, after the MA of the Program has given its agreement shall determine the thresholds and procedures applicable by reference to the predominant aspect assessed on the basis of the relative value and the operational significance of the various components of the contract. (art. 248, Reg. (EC, Euratom) 2342/2002).

19. THE PRE-INFORMATION NOTICE (art. 157, Reg. (EC, Euratom) 2342/2002 Publication for contracts with a value equal to or above the thresholds laid down in Articles 157 and 158 (2) shall consist in a pre-information notice, a contract notice or simplified contract notice and an award notice. The pre-information notice is the notice by which the contracting authorities make known, by way of indication, the estimated total value of contracts and framework contracts, by category of service or groups of products, and the essential characteristics of works contracts which they intend to award during a budgetary year, but excluding contracts under the negotiated procedure without prior publication of a contract notice. The pre-information notice shall be sent to or published on the buyer profile as soon as possible and in any event by no later than time settle by the national disposals of each budgetary year in the case of supply and service contracts and, in the case of works contracts, as soon as possible after the decision approving the programme for those contracts. See the national disposals of contracting authority to determine the applying procedures. The pre-information notice shall be compulsory only where: 1) the selection is not a restricted procedure, or 2) the Contracting Authority intends to make use of the possibility of shortening time limit for receipt of tenders, in accordance with Article 251 and the estimated total value of the contracts is equal to or higher than the thresholds laid down: 1. Services for a value ≥ 750.000 Euros 2. Supplies for a value ≥ 750.000 Euros 3. Works for a value ≥ 5.278.000 Euros

20. THE RULE ON NATIONALITY OF TENDER AND ORIGIN OF SUPPLIES (Art. 19 of Reg. (EC) 1085/2006, II.2.1 and II.2.2 of EC Decision 2034/2007) Participation in tender procedures administered by the Beneficiary is open on equal terms to all natural and legal persons with nationality from a Member State, IPA, ENPI and EES or other third Country where reciprocal access to their external assistance has been established (art. 19 (1 and 2), Reg. (EC) 1085/2006), expressly covered and/or allowed by the Financial Regulation, the basic legislation or other instruments governing the aid programme under which the grant is being financed. Tenderers must state, in their tender, the country of which they are nationals by presenting the proof of nationality usual under their national legislation. This rule does not apply to the experts proposed by the service providers taking part in the calls for tenders or in the service contracts financed by the grant, who may be of any nationality. All supplies and materials purchased under a contract financed under the Regulation (EC) 1085/2006, must originate from the Community or a country eligible according to paragraphs 1 or 2 of art. 19 afore mentioned. The term “origin” for the purpose of the Programme is defined in the relevant Community legislation on rules of origin for customs purposes. The term “origin” is defined in articles 23 and 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code and other Community legislation governing non-preferential origin. Contractors must present proof of origin to the Beneficiary no later than when the first invoice is presented, for equipments and vehicles of a unit cost on purchase of more than € 5,000. The certificate of origin must be made out by the competent authorities of the country of origin of the supplies and must comply with the rules laid down by the relevant Community legislation. These provisions shall be applied without prejudice to the qualitative and financial requirements set out in the Community’s procurement rules. The exceptions to the rules on nationality and origin are laid down in the art. 19 (6) of Regulation (EC) 1085/2006.

21. Grounds for exclusion from participation in contracts (Art. 93 of Reg. (EC, Euratom) 1605/2002, Art. 133, 133a, 134 of Reg. (EC, Euratom) 2342/2002) Candidates or tenderers will be excluded from participation in a procurement procedure if: (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; (c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities‘ financial interests (see, art. 133 Reg. 2342/2002); (f) they are currently subject to an administrative penalty referred to in Article 96(1) Reg. 1605/2002; (g) during the procurement procedure, are subject to a conflict of interest or/and are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply this information. Points (a) to (d) of above, shall not apply in the case of purchase of supplies on particularly advantageous terms from a supplier which is definitively winding up its business activities, or from the receivers or liquidators of a bankruptcy, through an arrangement with creditors, or through a similar procedure under national law. Candidates or tenderers shall certify that they are not in one of the situations listed above. However, the contracting authority may refrain from requiring such certification for very low value contracts (5,000 or 10,000 Euro in cases of a single awarding contract), as specified in the art. 134 (1) of Reg. 2342/2002. For the purpose of the correct application of the mentioned rules, the candidate or tenderer, whenever requested by the contracting authority, must: (a) where the candidate or tenderer is a legal entity, provide information on the ownership or on the management, control and power of representation of the legal entity; (b) where subcontracting is envisaged, certify that the subcontractor is not in one of the situations referred to in paragraph 1 of art. 93.

22. Sub-Contracting and Availing provisions Art. 93 (2) (b) of Reg. (EC, Euratom) 1605/2002 Art. 130 (5), 134(7), 136 (3) , 137 (4) of Reg. (EC, Euratom) 2342/2002 1) SUB-CONTRACTING CONDITION Subcontracting should be allowed in the tender specifications. The contracting authorities may demand information from the tenderer on any part of the contract that the tenderer may intend to subcontract to third parties and on the identity of any subcontractors. Where subcontracting is envisaged, the contractor has to declare to the Contracting Authority that the subcontractor is not in one of the situations referred to in paragraph 1 of art. 93 of Reg. 1605/2002. In case of doubt on this declaration on the honour, the Contracting Authority shall request the evidence referred to in paragraphs 3 and 4 of art. 134. Paragraph 5 of art. 134 shall apply, where appropriate. In addition to the information referred to in Article 134, the Contracting Authority may also require the candidate or tenderer to submit information on the financial, economic, technical and professional capacities, as referred to in Articles 135, 136 and 137 of Reg. 2342/2002, of the envisaged subcontractor, in particular when subcontracting represents a significant part of the contract. 2) AVAILING INSTITUTION 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.

23. WHICH ARE THE DOCUMENTS FOR THE CONTRACT? Tender documents • Must give at disposal to the tenders/candidates: • Invitation to submit a tender or to negotiate or to participate to the competitive dialogue; • The specifications or in case of competitive dialogue, a detailed document containing the needs of the contracting authority drawn up according to the technical specifications referred to in art. 131, par. 1 e 2; • The contract template • The internet address where it is possible to consult these documents. • These documents must contain what requested by the art.130, 131 (§1)-(§2) and 249 • Specifically: • For a service contract, the tender file must contain the documents listed in art. 249 (2); • For a supply contract, the tender file must contain the documents listed in art. 249 (3); • For a work contract, the tender file must contain the documents listed in art. 249 (4). • In order to facilitate the preparation of contract notice, procedural acts and model of contracts, it is suggested to use the templates supplied throughout the EC EuropAid website and/or those annexed to the Reg. 1564/2005, as regards the standard forms for the contract and awarding notices in accordance with Council Directives 89/665/EEC and 92/13/EEC ). • See: http://www.simap.europa.eu/index_en.htm • See: http://ec.europa.eu/europeaid/work/procedures/implementation/practical_guide/index_en.htm

24. WHAT THE TENDERERS HAVE TO SUBMIT? Art. 241, 243 and 245, Reg. (EC, Euratom) 2342/2002 Envelope with the documents requested Envelope with the technical bid Envelope with the financial bid Envelope with the justification of the financial bid Bids and documents must be drawn up/translated in in the language of the tender documents (for international tender, English is suggested) The outer envelope shall bear in the language of the tender documents: “not to be opened before the tender-opening session” Tenders and documents requested must be forwarded in separate envelopes but within the same single envelope and sent within the time limits of the tenders receipt stated in the contract awarding notice

25. TENDER SELECTION CRITERIA Art. 130 (3,b), 241, 243 and 245, Reg. (EC, Euratom) 2342/2002 For work tenders, once assessed the technical capacity of the last years (3-5), the awarding criterion is the “lowest price” For service tenders the awarding criterion used is the tender offering “best value for money” using the 80/20 weighting distribution In case of supplies without assistance, the awarding criterion is “the lowest price”. In case of supplies with post-selling assistance, the awarding criterion is the best value money using the 80/20 weighting distribution For any contract: the specifications act shall contains also the award criteria and their relative weighting or, where appropriate, the decreasing order of importance

26. REQUESTED DEADLINES FOR TENDER SUBMISSION (art. 251, Reg. (CE, Euratom) 2342/02)

27. TENDERS VALIDITY PERIOD (art. 251, art. 117 Reg. (EC, Euratom) 2342/02) • 90 days from the final date to receipt the tenders • 15 days from the closing date to receipt the approximate tenders (only for dynamic system and without any possible extensions) • further 40 days, but only in exceptional cases and should be communicate before the tenders validity expires • 60 daysfrom the date of notification of the award of the contract and only for the tender selected • 4 years is the time-limit for a framework contract duration (or for a short-list of experts or for a suppliers admitted to a dynamic system of purchase), except exceptional cases and duly justified on the basis of the subject of the contract SERVICES SUPPLY WORKS

28. COMMON RULES FOR TIME-LIMITS (art. 251, Reg. (EC, Euratom) 2342/2002 • Tenderers may put questions in writing no later than 21 days before the closing date for submitting the tenders • The contracting authority shall provide the answers to the questions no later than 11 days before the closing date for the submission of tenders (not applicable to a dynamic system) • In exceptional cases the time-limit may be shortened. No prior approval from the MA is required • The time-limit shall be long enough to allow interested parties a reasonable and appropriate period to prepare and submit their tenders • The time-limit shall be expressed in calendar days

29. GUARANTEES REQUIRED BY THE CONTRACTING AUTHORITY (art. 250, Reg. (EC, Euratom) 2342/2002 Are expressed in Euros and according to the rules laid down in art. 150 A guarantee can be requested and it should be released in conformity with national law of contracting authority • Amount of 1-2% of the total value (or, of a single lot) of the awarding contract • It will be retained if the tender is subsequently withdrawn from the competition • It will be released when the contract is awarded to the winner tender Tender guarantee only for supply or work contracts Pre-financing guarantee pre-financing is > 150.000 • It is not requested if the operator is a public body • It will be released when the pre-financing amount is deducted from interim payments or payment of the balance • for work contract > 345.000 € • for supply contract > 150.000 € • 5-10% of the total value (or, of single lot) of the contract; • It will be retained in case of incorrect contract performance • It will be released at the favourable final testing Guarantee for a sound performance

30. THE ASSESSMENT Art. 252, articles of Part I, Title V, Chapter I, Section III of Reg. (CE, Euratom) 2342/2002 and national specific law provisions provided The assessment procedure The national rules that should be applied, has to be conform to the following ground articles: Selection criteria: art. 135 Economic and financial capacity: art. 136 • The evaluation committee: • shall be composed by an odd number of members, at least 3 members (5 for works) • its members shall have the technical and administrative expertises to assess the tenders and each of them, must be not in a situation of conflict of interest with the tenders. Technical and professional capacity: art. 137 Award arrangements and criteria: art. 138 Abnormally low tenders: art. 139, par. 1° Tenders elimination: art. 252, par. 3° Result of the evaluation: art. 147 Information for candidates and tenderers: art. 149 Evidence of access to contracts: art. 159

31. Example of assessment for a tender with the “best value for money”

32. Example of assessment for a tender with the “lowest price”

33. Grounds for exclusion from award of contracts (Art. 94 of Reg. (EC, Euratom) 1605/2002, Art. 133, 133a of Reg. (EC, Euratom) 2342/2002) and national special law provisions provided • A contract shall not be awarded to candidates or tenderers who, during the procurement procedure for this contract: • are subject to a conflict of interest; • are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply this information; • find themselves in one of the situations of exclusion, referred to in Article 93(1) of Reg. (EC, Euratom 1605/2002), for this procurement procedure. • The Contracting Authority in order to determine the exclusion criteria and the duration of exclusion shall apply the provisions set on Article 133a of Reg. (EC, Euratom) 2342/2002. • Depending on its risk assessment, for contracts with a value less than or equal to EUR 10,000, the Contracting Authority may refrain from requiring the Declaration issued on their honour, duly signed and dated, stating that they are not in one of the situations referred to in Article 93 or 94 of the Financial Regulation. • Depending on contract value, the tenderer to whom the contract is to be awarded shall provide, within a time-limit defined by the Contracting Authority and preceding the signature of the contract, the evidence of the Declaration above. • The Contracting Authority shall accept as satisfactory evidence that the candidate or tenderer to whom the contract is to be awarded is not in one of the situations described in point (a), (b), (d) or (e) of Article 93(1) of the Financial Regulation, any evidence or certification issued or comply with the paragraph 3, 4, 5, 6 and 7 of article 134 of Reg. (EC, Euratom) 2342/2002.

34. FURTHER CONTRACT PROVISIONS Part I, Title V, Chapter I, Section III Reg. (EC, Euratom) 2342/2002 and national special law provisions provided Price revision: art. 132 Central data base: art. 134a Financial and administrative penalties: art. 134b Contract signing: art. 149a Tender suspension in the event of mistakes errors or irregularities: art.153

35. CONTENT OF TENDER DOSSIER Contract notice Invitation letter to submit the offers in the restricted procedures or the restricted/negotiated stages Technical specifications (for assignments › € 10.000) Tender specifications (for assignments ≤ € 10.000) General terms and conditions of contract Other documents: voluntary ex ante transparency notice, prior information notice, notice on buyer profile, evaluation report, contract award notice, tender documents. Contract modifications

36. IN CONCLUSION Each procedure adopted for the contractor selection must satisfy the principles of transparency, equal opportunity and sound financial management in using Community funds, by promoting a fair competition on the market and preventing possible conflicts of interest Failure to follow the provisions referred to in art. 121 Reg. (EC) 718/2007, implies the loss of the whole public financing of the Programme and so the failure to reimburse the possible expenditure incurred The possible disputes must be governed according to the national law of the contracting authority and are decided by the relevant judge/arbitrator specified in the tender or by the national law In order to respect the time limits of the project, it is recommended to conveniently evaluate the selection time limits of the contractor, that obviously do not correspond to the deadlines for executing the contract The contract execution can start only if it has been signed before