Workshop ESF and tendering 11 October 2006, Brussels Directive 2004/18/EC Tendering of public contracts Robert Wein, European Commission Disclaimer: The information contained in this presentation is not binding for the European Commission and does not present an official position of the European Commission

Overview Scope of application of the Directive Award procedures of the Directive Contracts outside the Directive Comparison of procedures Useful links

Scope of application (1) Award of public contracts works supplies services by contracting authorities against remuneration

Scope of application (2) Contract values Thresholds, 2006 - 2007: Services, supplies: € 211,000 (€ 137,000) Works € 5,278,000 Thresholds for services, 1996 - 2006:

Scope of application (3) Service Categories “Priority Services”: Annex II A Examples: IT, management consulting, advertising, printing services “Non-priority services”: Annex II B Legal, education, health, social services

Award procedures (1) Free choice Conditional use Open procedure Restricted procedure Conditional use Negotiated procedure Competitive Dialogue Special procedures and award methods

Award procedures (2) Award Open procedure (one round) Advantage Risk Best for competition Risk Difficult to handle in case of massive interest Selection Award

Award procedures (3) Award Restricted procedure (two rounds) Advantage Competitive, easy to handle Risk Difficulty for new service providers to get to round 2 Selection Award

Negotiation >>> Award Award procedures (4) Negotiated procedure (two rounds) Advantage Flexibility Risk Danger of unequal treatment Selection Negotiation >>> Award

Award procedures (5) Selection Dialogue Award Competitive Dialog (three rounds) Advantage Suitable for complex projects Risk Difficulties possible with copy right / equal treatment Selection Dialogue Award

Award procedures (6) Special procedures Special contract award method Framework agreements Dynamic purchasing systems Special contract award method Electronic Auctions

Award procedures (7) Common principles Advertising Time limits Selection Award

Award procedures (8) Advertising publication in the OJEU S series free of charge within 12 days of submission submission in own language sufficient use of standard forms Regulation (EC) 1564/2005 TED website

Award procedures (9) Time limits Open procedure Other procedures 52 37 * not cumulative with pre info reduction ** not for competitive dialogue Open procedure Other procedures 52 37 40 pre info notice 36 (22) electronic notice - 7 7 electronic doc´s - 5* urgency 15** 10 10**

Award procedures (10) Selection Evaluation of bidder: Personal situation Suitability to pursue the professional activity Economic and financial standing Technical and/or professional capacity

Award procedures (11) Award Evaluation of bid: Most economically advantageous tender based on criteria linked to subject-matter of contract no unconditional freedom for contracting authority criteria sufficiently advertised criteria non-discriminatory Lowest price

Contracts outside the Directive (1) not / not fully covered by the Directive: contracts below the thresholds services listed in Annex II B Service concessions

Contracts outside the Directive (2)

Contracts outside the Directive (3) Interpretative Communication issued by Commission published in OJEU on 1 August 2006 view of the Commission on ECJ case law Basic standards: Advertising Contract award

Contracts outside the Directive (4) Advertising Sufficient degree of transparency to open up the market to competition Different means of advertising: Internet National official journals Local publication also possible: OJEU Minimum content Appropriate Information to allow the expression of interest

Contracts outside the Directive (5) Contract award Impartiality of the procedure Non-discriminatory description of the subject-matter of the contract Equal access for economic operators from all Member States Mutual recognition of diplomas, certificates and other evidence of formal qualifications Appropriate time-limits Transparent and objective approach

Comparison of procedures (1) Procurement procedure pursuant to Directive 2004/18/EC European-wide contract notice Prior publication in the OJEU using standard forms (Regulation(EC)1564/2005), observing rules on advertising (Art. 35-36, Annexes VII and VIII)) Contract award procedure outside Directive 2004/18/EC Adequate advertising Prior publication by appropriate means, providing sufficient information for decision to participate

Comparison of procedures (2) Procurement procedure pursuant to Directive 2004/18/EC Contract award Observation of rules on procedures (normally open or restricted tender), time limits, information & communication, technical specifications and conduct of the procedure (Title II Chapters V-VII) Contract award procedure outside Directive 2004/18/EC Contract award Impartial contract award procedure

Useful links DG Internal Market homepage – Public Procurement http://ec.europa.eu/internal_market/ publicprocurement/index_en.htm SIMAP homepage http://simap.europa.eu/index_en.html Tenders Electronic Daily (TED) http://ted.europa.eu