1. Version November 2010 Summary of the main changes

2. Summary of main changes to the PRAG
Chapter 1, Introduction
Introduction
clarification of the scope of the PRAG
revised eligibility rules for EDF
Chapter 2, Basic rules
2.2. Management modes:
Elaboration of the texts concerning indirect centralised management and joint management
Mention of possibility to use country procedures in decentralised management
2.3.1 The rule of nationality and origin:
Modified rules for EDF + clarification of origin, notably for works contracts

3. Summary of main changes to the PRAG
2.3.2 Exceptions to the rule of nationality and origin
In case of derogations, open to all countries
2.3.3 Grounds for exclusion, administrative and financial penalites
Reminder that before deciding on excluding a party, in principle the concerned party has the right to be heard (contradictory procedure)
2.3.5 Visibility
Summary of key elements of the visibility guidelines provided

4. Summary of main changes to the PRAG
2.3.6 Other essential points
Clarification of conflict of interest, non-retroactivity and record keeping; explanations of joint procurement with a Member State and ex-post publication of beneficiaries
2.4.3 Restricted procedure
Precisions concerning the general rule that the tender should be submitted by the same shortlisted candidate
2.4.4 Competitive negotiated procedure
Clarification that the evaluation follow the same procedure as for restricted procedures

5. Summary of main changes to the PRAG
2.4.7 Competitive dialogue
Clarification concerning the use and conduct of this procedure
2.4.8 Negotiated procedure
Clarification concerning the use and conduct of this procedure and the single tender procedure
Selection and award criteria
Advice on the drafting of selection criteria and the evidence to be provided; examples of criteria which may pose problems

6. Summary of main changes to the PRAG
Procedure with ”suspensive clause”
Precisions concerning its use
Cancellation of procurement procedures
Addition of ”compliance with sound financial management”; precision that negotiations may only be conducted with entities complying with the selection criteria
Ethics clauses
Text clarified and that the European Commission (OLAF) must be informed in case of suspicion of fraud, corruption and other irregularities which involve EU-funds

7. Summary of main changes to the PRAG
Appeals
Clarifications on appeals; reduction of respons time in case of appeals to 45 days
2.6 Terms of reference and Technical specifications
Clarification concerning the structure of the budget in service contracts; reminder that these documents are confidential until made available simultaneously to tenderers
2.8 The evaluation committee
Independent experts under service contracts may only participate as observers or assessors in decentralised (ex-ante) management

8. Summary of main changes to the PRAG
2.8.2 Impartiality and confidentialiy
Clarifications on access to documents in other management modes than centralised
2.8.3 Responsibilities of the evaluation committee
Further examples provided of situations which should normally not lead to the rejection of the tender or proposal
2.9.3 Publicising the award of the contract
Clarifications concerning requests for further information

9. Summary of main changes to the PRAG
Chapter 3, Service contracts
Publication of procurement notices
Precision that clarifications are possible also in the procurement notice phase
3.3.5 Additional information during the procedure
Clarifications concerning information meetings
Notifying the successful tenderer
Tenderer to reconfirm availability of key experts
Provision and replacement of experts
Reminder about the possibility of administrative and financial penalties

10. Summary of main changes to the PRAG
3.4.1 Framework contracts
Section redrafted (FWC BENEF 2009)
Chapter 4, Supply contracts
Publication of procurement notices
Precisions concerning the publication of corrigenda
4.3.4 Additional information during the procedure
Precisions concerning clarifications and corrigenda
4.4 Local open tender
Reminder about the possibility of exceptionally reducing submission deadlines

11. Summary of main changes to the PRAG
4.6 Modifying supply contracts
Precisions concerning the variation clause
Chapter 5, Works contracts
Publication of procurement notices
Precisions concerning the publication of corrigenda
Reminder about the possibility of exceptionally reducing submission deadlines
5.3.4 Additional information during the procedure
Precisions concerning clarifications and corrigenda
Evaluation of offers
Clarification of the rule of origin for purchased goods and materials to be incorporated in permanent works

12. Summary of main changes to the PRAG
5.5 Local tender
Reminder that references of local tenders must be published on the EuropeAid website; reminder about the possibility of exceptionally reducing submission deadlines
5.6 Competitive negotiated procedure
Reminder of the preferential rules for ACP-countries
Chapter 6, Grants
6.1.1 Definition
New approach to co-financing: non-reclaimable taxes where the applicable regulation excludes financing of such, may be considered as co-financing by the grant beneficiary

13. Summary of main changes to the PRAG
Open or restricted calls for proposals
Restricted procedure should be used by default (exceptions foreseen for use of open procedure)
6.3.2 Grants awarded without call for proposals
Completion of a ”negotiation report” mandatory; precisions on what constitutes a basic act
6.4.1 Publicity
Precisions on the organisation of information sessions
6.4.4 Additional information before the deadline for submission of proposals
Reminder that no prior opinion can be given concerning the eligibility of a proposal

14. Summary of main changes to the PRAG
Use of assessors
Clarification on the recruitment of assessors
Opening and administrative checks
Merger with the step of evaluating the concept note; clarification on the elements that are checked
Evaluation of the concept note
Removal of the possibility not to undertake the concept note evaluation; modification of criteria which are assessed; only one minimum threshold: 30 of the overall score
Verification of eligibility
Clarification of supporting documents and reminder of the discretionary powers of the evaluation committee in case some documents are missing

15. Summary of main changes to the PRAG
Conclusions of the evaluation committee
Reminder that the committee may identify elements which need to be modified prior to contract signature (subject to the principles of equal treatment etc.)
Characteristics of the standard grant contract
New approach on co-financing. In addition to specifying a max amount and a max % of eligible costs, a percentage of the total accepted costs may be used (non-reclaimable taxes may be accepted as co-financing)
6.9 Grants to international organisations and national bodies
Section redrafted

16. Summary of main changes to the PRAG
Chapter 7, Relations with international organisations, Member States, Beneficiary countries and other donors: delegated cooperation and cofinancing
Chapter has been removed from the PRAG

17. Summary of main changes to the PRAG ANNEXES
General annexes
A1_glossary: definitions added (ancillary services, taxes etc)
A2_eligibility: new rules for EDF, updated OECD DAC list, Iceland reflected as candidate country
A8_notifletter: for services: availability of key experts to be reconfirmed
A9_coverletter: reminder that financial guarantees are subject to the approval of the Contracting Authority
A10a_negotreport: revised negotiation report to be used for direct award of procurement contracts and grants
A10b_negotreport: new template to be used in case of single tender awards

18. Summary of main changes to the PRAG - Annexes
Services annexes
B4_longlist: clarification of use of table when more than 8 candidates fulfill the selection criteria
B7_letternotshort: reminder of appeal possibilities
B8_general conditions: art 9 deleted ”without giving notice”; article 17 added that the Consultant should be heard before ordering a replacement of staff; article 20 clarified the non-retroactivity rule for amendments; article 24 only travel time while on mission may be considered as working days; article 25 clarified the scope of verification by EU bodies; article 28 introduced the possibility for the Contracting Authority to require a change of auditors; article 30 clarifications concerning financial guarantees; article 35 clarification on suspensions; article 36 clarifications on termination by the Contracting Authority

19. Summary of main changes to the PRAG ANNEXES
Services annexes
B8_torfee: summary table for reports
B8_contract: clarified instruction text on tax and customs arrangement; data protection clause revised
B8_itt: clarified that, in all cases, individual visits by tenderers cannot be organised; experts may participate in other tender procedures but must notify if successful; clarified that cancellation may take place if award is not in compliance with sound financial management; data protection clause revised

20. Summary of main changes to the PRAG ANNEXES
Services annexes
B8_tenderform: expert must state which other tender procedures he/she is tendring for in parallell and must accept first offer given chronologically
B8_expver: clarification of audit of per diems
B13_letterunsucc: clarification that resons must be given for administrative non-compliance; reminder of the appeal possibilities
B16_addendum: clarification that the addendum forms an internal part of the contract

21. Summary of main changes to the PRAG ANNEXES
Supplies annexes
C2_procnotice: revised eligiblity rules for EDF; clarification of the drafting of selection criteria
C4_generalcond: article 6 addition of situations of underperformance of subcontractors, article 9 precision on administrative orders and clarification of the obligations of the contractor, article 11 included a provision that performance guarantees are subject to the contracting authority’s approval, article 22 clarification that any variation must respect the procurement thresholds laid down in the PRAG, article 26 precisions regarding the pre-financing guarantee, article 36 clarifications concerning suspension and termination by the contracting authority

22. Summary of main changes to the PRAG ANNEXES
Supplies annexes
C4_contract: revision of the rules of origin for EDF; revision of the data protection clause
C4_itt: introduced ”unloading” as an option for supplies to be delivered; revised eligiblity rules for EDF; clarification of delivery address of tenders and opening hours, reminded that in all cases, individual site visits cannot be organised; cancellation may occur where the award is not in compliance with sound financial management; revised data protection clauses.

23. Summary of main changes to the PRAG ANNEXES
Works annexes
D2_procnotice: revision of the rules of origin for EDF
D4_generalconditions: article 7 addition of situations of underperformance of subcontractors, article 12 clarification of the obligations of the contractor, article 38 clarifications concerning suspension, article 40 clarification of rules of origin for goods, article 44 included the final statement of accounts, article 64 clarifications concerning termination by the contracting authority, article 71 clarifications concering the scope of audits by EU bodies

24. Summary of main changes to the PRAG ANNEXES
Works annexes
D4_contract: revision of the data protection clause
D4_finoffer 4.1: clarification of terminology (lump sums contracts and price schedule for unit price contracts etc)
D4_finoffer 4.2: new template for lump sum contracts
D4_finoffer 4.3 new template for unit price contracts

25. Summary of main changes to the PRAG ANNEXES
Works annexes
D4_itt: revised eligibility rules and rules of origin for EDF; clarification on the drafting of selection criteria; data protection clause revised
D4_specialconditions: revised eligibility rules and rules of origin for EDF;
D8_letterunsuccessful: reminder of appeal possibilities
D11_addendum: reminder that the addendum forms an integral part of the contract

26. Summary of main changes to the PRAG ANNEXES
Grants annexes
E3_a guidelines: new approach on co-financing (non-reclaimable taxes may be considered as beneficiary’s co-financing: introduction of a second percentage which refers to total accepted costs); definition of subgrantees; clarification of eligible and ineligible costs (notably concerning taxes), reminder that indirect costs may not include costs under other headings and that the beneficiary may be asked to justify the costs before the percentage is agreed in the contract; clarification and PADOR and the derogation procedure; precision of language to be used in case more than 1 is foreseen; Opening- and administrative check step merged with the concept note evaluation step;

27. Summary of main changes to the PRAG ANNEXES
Grants annexes
E3_a guidelines (cont.): modification of the evaluation procedure and grids for the concept note and the full proposal, clarification that updated indicative timetables shall be published on the website; new template for transfer of assets (when applicable)
E3_b application form: adaptation to the new approach on cofinancing; revised data protection clause; instructions for the completion of the proposal redrafted in line with the new evaluation grids; clarification of the checklists; clarification of the assessment grids

28. Summary of main changes to the PRAG ANNEXES
Grants annexes
E3_c budget: new worksheets for justification of costs and use of contingencies; adaptation to the new approach on co-financing
E3_h 1 specialconditions: adaptation to the new approach on co-financing; clarification on payments for option 2; revised data protection clause

29. Summary of main changes to the PRAG ANNEXES
Grants annexes
E3_h 2 generalconditions: article 1 clarification of conclusion of contracts and sub-granting; article 6 inclusion of some key elements of the communication plan; article 7 clarification of ownership and use of results; article 14 clarification of costs; article 15 clarification of the 70% rule and interests on pre-financing; article 16 clarification of the scope of audits by EU-bodies; article 18 clarification concerning recoveries.
E3_h 7 financial report: inclusion of heading “Ineligible costs” in final report.

30. Summary of main changes to the PRAG ANNEXES
Grant annexes
E3_h 8 expendverif: clarification of IFAC Code of ethics; Clarification of auditor signature (who signs, date and address.
E3_h10 transfassets: new template for obligation of transfer of assets (Article 7 GC).
E5_a conceptevalgrid: new grids for evaluation of concept notes.

31. Summary of main changes to the PRAG ANNEXES
Grant annexes
E5_b_propevalgrid: new approach to co-financing in the identification data table; new grids for evaluation of full proposals.
E6_a_opening+conceptevalrep: Opening and administrative check step merged with the concept note evaluation step; new criteria for full proposal evaluation E6_b_applicevalrep: Opening and administrative check step merged with the full proposal evaluation step in restricted calls; clarification of administrative check of full proposal in open proposals.

32. Summary of main changes to the PRAG ANNEXES
Grant annexes
E6_c_finalevalrep: Step 3 of the procedure instead of 4 (Opening and administrative check step merged with the concept note evaluation).
E8_note_delegation_evaluation: Opening and administrative check step merged with the concept note evaluation.
E9_a_letter_step_1: New template for (positive and negative) letters to applicants after Step 1 (Opening and administrative check step merged with the concept note evaluation).

33. Summary of main changes to the PRAG ANNEXES
Grant annexes
E9_b_letter_step_2: New template for (positive /negative / reserve list) letters to applicants after Step 2 (Full proposal evaluation).
E9_c_letter_step 3: New template for (positive/negative/reserve list) letters to applicants after Step 3 (verification of eligibility).
e11_publication: clarification publication is yearly.