E UROPEAN U NION ATHENA ATHENA E UROPEAN U NION ATHENA ATHENA Council decision 2008/975/CFSP of 18 December 2008 ( OJ 23/12/2008 L 345/96 )

General characteristicsGeneral characteristics –Framework –Standard procedures –Deviations TaxesTaxes Procurement stepsProcurement steps

Reference:ATHENA Financial Rules 2009 – Part II (based on EC Directive 2004/18) (inspired by:- Lessons Identified during previous EU Ops - Public contracts in the field of defence & security) Applicable except for « Berlin + » operations (See Part IV) To procure what? –Anything eligible as common costs or « Nation Borne Costs » →See ATHENA Annexes and Special Committee decisions →No authority to contract outside ATHENA’s scope →Otherwise: Illegality of the act –Ex: No outsourcing of military capabilities before authorization granted by Special Committee

Request to procure Eligible for Common funding or Nation Borne Costs Autorisation to be granted By the Special Committee Appropriations available in the budget ATHENA Procurement rules Standard Procedures Case-by-case Deviations Permanent Deviations

General characteristicsGeneral characteristics –Framework –Standard procedures Choice of the procedureChoice of the procedure Time-linesTime-lines PublicationPublication –Deviations Permanent deviationsPermanent deviations Case-by-case deviationsCase-by-case deviations TaxesTaxes Procurement stepsProcurement steps

STANDARD PROCEDURE – Procedure’s choice Applicable procedure determined by:Applicable procedure determined by: –estimated cost excluding VAT, no splitting –thresholds –Lower Threshold: € –Higher Threshold: € for services and supplies € for infrastructure works Deviations:Deviations: –for simpler procedure, if admissible justifications

Usual procedures iaw Thresholds X < € X < € –Payment against simple invoice € < X < € (« lower threshold »): € < X < € (« lower threshold »): –negotiated procedure with 3, –but J8 may opt for negotiated procedure with 1 candidate, without formal derogation € < X < € or 5 M € (« higher threshold ») € < X < € or 5 M € (« higher threshold ») –negotiated procedure with 3, –but negotiated procedure with 1 possible with formal derogation Above the « higher threshold »:Above the « higher threshold »: –Open or restricted tenders (except where case-by-case deviation) –Until FOC: Negotiated procedure with publication and 3 candidates consulted (permanent deviation)

STANDARD PROCEDURE – Deadlines Open tender proceduresOpen tender procedures –52 days or 40 if electronic means (Internet: notice + access) Restricted ProceduresRestricted Procedures –37 days for requests to participate or 10 if extreme urgency –40 days to receive tenders or 10 days if extreme urgency Negotiated procedure with publication of a contract noticeNegotiated procedure with publication of a contract notice –37 days for requests to participate or 10 days if extreme urgency –No fixed negotiation time Negotiated procedure without publicationNegotiated procedure without publication –No limit

STANDARD PROCEDURE – Publication Above « higher threshold » :Above « higher threshold » : –in the EU Official Journal –on the ATHENA Website –Can be done also: in theatre (local press, chambers of commerce)in theatre (local press, chambers of commerce) EDA Third Party Logistic Support platformEDA Third Party Logistic Support platform Below « higher threshold » :Below « higher threshold » : –Appropriate means (local press, …) –Could be done also in the EU Official Journal What to publish ?What to publish ? –Prior information notice –Call for expression for interests –Contract notice –Award notice

General characteristicsGeneral characteristics –Framework –Standard procedures –Deviations Permanent deviationsPermanent deviations  regardless of the amount Case-by-case deviationsCase-by-case deviations –For what ? –Granted by whom ? TaxesTaxes Procurement stepsProcurement steps

Permanent DEVIATIONS To use Contracts already awarded byTo use Contracts already awarded by –Member State –EU Institution –International organisation To make recourse to a Central Purchasing bodyTo make recourse to a Central Purchasing body To use the negotiated procedureTo use the negotiated procedure  Regardless of the amount –Air and Maritime transport services –Transport services in theatre –Building and pieces of land –Choice of a bank To use the negotiated procedureTo use the negotiated procedure  Regardless of the amount  Regardless of the type of requirement →Until the Forces reaches its Full Operational Capability

Case-by-Case DEVIATIONS For what ?For what ? -For any simpler procedure, including single source -From the rules on geographical scope, … Which authority may grant such specific deviation ?Which authority may grant such specific deviation ? – X < € :J8 (NO formal justification) – € < X < € :J8 – € < X < 1 M € :ATHENA’s administrator – X > 1 M € :ATHENA’s Special Committee through the administrator through the administrator How to forward such request ?How to forward such request ? –from J8 to administrator by

Case-by-Case DEVIATIONS – Usual justifications Extreme urgencyExtreme urgency When for technical or artistic reasons, the contract may be awarded only to one particular operator (ex: public monopolies)When for technical or artistic reasons, the contract may be awarded only to one particular operator (ex: public monopolies) Additional supplies, where a change in supplier would create technical difficulties (incompatibility, maintenance problems)Additional supplies, where a change in supplier would create technical difficulties (incompatibility, maintenance problems) Additional works or services, not exceeding 50% of initial worksAdditional works or services, not exceeding 50% of initial works

General characteristicsGeneral characteristics –Framework –Standard procedures –Deviations Permanent deviationsPermanent deviations Case-by-case deviationsCase-by-case deviations TaxesTaxes Procurement stepsProcurement steps

In EU:ATHENA’s Privileges and ImmunitiesIn EU:ATHENA’s Privileges and Immunities In theatre:SOFAIn theatre:SOFA -Exemption from taxes and customs duties -NO exemption from fees for services requested and rendered  Negotiate with authorities what those services are

PROCUREMENT STEPS 1. Request 1. Request 2. Make a commitment in the budget 2. Make a commitment in the budget 3. Draw up technical specifications & administrative requirements 3. Draw up technical specifications & administrative requirements 4. Determination of the procedure and impact on the delivery 4. Determination of the procedure and impact on the delivery 5. Advertise 5. Advertise 6. Select successful candidate 6. Select successful candidate 7. Conclude a contract 7. Conclude a contract 8. Check delivery 8. Check delivery 9. Enter in the inventory 9. Enter in the inventory 10. Pay against receipt 10. Pay against receipt 11. Write off 11. Write off

1.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 –= reservation in the budget –should be avoided: budget is a limit and must be complied withbudget is a limit and must be complied with budget must be managed: redeployment of appropriations during operation are usually necessarybudget must be managed: redeployment of appropriations during operation are usually necessary therefore, sequence « budget commitment then contract or purchase order » should be complied withtherefore, sequence « budget commitment then contract or purchase order » should be complied with PROCUREMENT STEPS

3.a. Technical specifications: –essential, even if takes time –requirements 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 euros –For all contact above euros  5 to 10% of contract PROCUREMENT STEPS

4.Determination of the procedure PROCUREMENT STEPS Regulation Type of Procedure Delays Date of delivery Potential case-by-case Derogation

5. Advertise –If above the « higher threshold » : →in the Official Journal of the European Union –If below the « higher threshold » : →advertise by any means: –local chamber of commerce, confederation of industry –local press →can resort to existing lists (provided by Embassy, Commission delegation, etc.) PROCUREMENT STEPS

6. Select the successfull candidate –If above 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) PROCUREMENT STEPS

6. 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 PROCUREMENT STEPS

7. 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 candidateNotify successful candidate Inform othersInform others Enter into accounts (legal commitment)Enter into accounts (legal commitment) PROCUREMENT STEPS

8. 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 PROCUREMENT STEPS

9. 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 –(price) PROCUREMENT STEPS

10. 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) PROCUREMENT STEPS

11. 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 –< euros: HQ’s commander may decide a write off –> 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 PROCUREMENT STEPS

AGENDA - Summary General characteristicsGeneral characteristics –Framework –Standard procedures –Deviations TaxesTaxes Procurement stepsProcurement steps

General characteristicsGeneral characteristics –Framework Anything eligible as Common Funding orAnything eligible as Common Funding or Listed as Nation Borne CostsListed as Nation Borne Costs

General characteristicsGeneral characteristics –Framework –Standard procedures Potential procedures are based on ThresholdsPotential procedures are based on Thresholds –> « Higher threshold »: usually Open or Restricted procedure –< « Higher threshold »: usually Negotiated procedure –Higher Threshold: € for services and supplies 5 M € for Infrastructure works 5 M € for Infrastructure works DeadlinesDeadlines –Min 10 days for the restricted and negotiated procedures Publication requirementsPublication requirements Requests for derogation are possibleRequests for derogation are possible

General characteristicsGeneral characteristics –Framework –Standard procedures –Deviations – 2 Types Case-by-case basis for the Standard proceduresCase-by-case basis for the Standard procedures Permanent basis for a effective managementPermanent basis for a effective management

General characteristicsGeneral characteristics –Framework –Standard procedures –Deviations on a Case-by-case basis For any simpler procedureFor any simpler procedure Autorities who may grant such deviation:Autorities who may grant such deviation: –X < €:J8 –X < 1 M €:Administrator –X > 1 M €:Special Committee –2 types of « Thresholds » Thresholds for the choice of the procedureThresholds for the choice of the procedure Thresholds for the determination of the authority who may grant such deviationThresholds for the determination of the authority who may grant such deviation

General characteristicsGeneral characteristics –Framework & Standard procedures –Case-by-case Deviations –Permanent Deviations To use contracts already awarded byTo use contracts already awarded by –MS, EU Institutions and International organisations To make recourse to a Central Purchasing bodyTo make recourse to a Central Purchasing body To use the negotiated procedure regardless of the valueTo use the negotiated procedure regardless of the value –During the whole operation : »Air, maritime and in-theatre transport services »Building and pieces of land »Choice of a bank –Until the Forces reaches the FOC : »All requirements

General characteristicsGeneral characteristics –Framework –Standard procedures –Case-by-case Deviations –Permanent Deviations TaxesTaxes –In theatre:Exemption from taxes and custom duties, except the fees for services requested and rendered –In EU:ATHENA’s Privileges and Immunities Procurement stepsProcurement steps –Like in the National organisations

Procurement Guide –Documentary Fiches and templates –To be reviewed in the beginning of 2010 –Availability Book, files, …Book, files, …

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