1. 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

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

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

4. Scope of application (2)
Contract values
Thresholds, :
Services, supplies: € 211,000 (€ 137,000)
Works € 5,278,000
Thresholds for services, :

5. 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

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

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

8. 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

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

10. 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

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

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

13. 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

14. 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**

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

16. 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

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

18. Contracts outside the Directive (2)

19. 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

20. 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

21. 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

22. 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 , 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

23. 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

24. Useful links DG Internal Market homepage – Public Procurement
publicprocurement/index_en.htm
SIMAP homepage
Tenders Electronic Daily (TED)