EuropeAid Version November 2010 Summary of the main changes.

EuropeAid

Version November 2010

Summary of the main changes

EuropeAidSummary of main changes to the PRAG

Chapter 1, Introduction• Introduction

o clarification of the scope of the PRAGo revised eligibility rules for EDF

Chapter 2, Basic rules • 2.2. Management modes:

o Elaboration of the texts concerning indirect centralised management and joint management

o Mention of possibility to use country procedures in decentralised management

• 2.3.1 The rule of nationality and origin:o Modified rules for EDF + clarification of origin, notably for works contracts


• 2.3.2 Exceptions to the rule of nationality and origino In case of derogations, open to all countries

• 2.3.3 Grounds for exclusion, 2.3.4 administrative and financial penalites

o Reminder that before deciding on excluding a party, in principle the concerned party has the right to be heard (contradictory procedure)

• 2.3.5 Visibilityo Summary of key elements of the visibility guidelines provided


• 2.3.6 Other essential pointso 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 procedureo Precisions concerning the general rule that the tender should be submitted by

the same shortlisted candidate

• 2.4.4 Competitive negotiated procedureo Clarification that the evaluation follow the same procedure as for restricted

procedures


• 2.4.7 Competitive dialogueo Clarification concerning the use and conduct of this procedure

• 2.4.8 Negotiated procedureo Clarification concerning the use and conduct of this procedure

and the single tender procedure

• 2.4.11 Selection and award criteriao Advice on the drafting of selection criteria and the evidence to

be provided; examples of criteria which may pose problems


• 2.4.12 Procedure with ”suspensive clause”o Precisions concerning its use

• 2.4.13 Cancellation of procurement procedureso Addition of ”compliance with sound financial management”; precision that negotiations

may only be conducted with entities complying with the selection criteria

• 2.4.14 Ethics clauseso 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


• 2.4.15 Appealso Clarifications on appeals; reduction of respons time in case of appeals to 45

days

• 2.6 Terms of reference and Technical specificationso 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 committeeo Independent experts under service contracts may only participate as

observers or assessors in decentralised (ex-ante) management


• 2.8.2 Impartiality and confidentialiyo Clarifications on access to documents in other management

modes than centralised

• 2.8.3 Responsibilities of the evaluation committeeo 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 contracto Clarifications concerning requests for further information


Chapter 3, Service contracts• 3.3.1.2 Publication of procurement notices

o Precision that clarifications are possible also in the procurement notice phase

• 3.3.5 Additional information during the procedureo Clarifications concerning information meetings

• 3.3.12.1 Notifying the successful tenderero Tenderer to reconfirm availability of key experts

• 3.3.14 Provision and replacement of expertso Reminder about the possibility of administrative and financial penalties


• 3.4.1 Framework contractso Section redrafted (FWC BENEF 2009)

Chapter 4, Supply contracts• 4.3.1.2 Publication of procurement notices

o Precisions concerning the publication of corrigenda

• 4.3.4 Additional information during the procedureo Precisions concerning clarifications and corrigenda

• 4.4 Local open tendero Reminder about the possibility of exceptionally reducing submission

deadlines

EuropeAid

Summary of main changes to the PRAG• 4.6 Modifying supply contracts

o Precisions concerning the variation clause

Chapter 5, Works contracts

• 5.3.1.2 Publication of procurement noticeso Precisions concerning the publication of corrigendao Reminder about the possibility of exceptionally reducing submission deadlines

• 5.3.4 Additional information during the procedureo Precisions concerning clarifications and corrigenda

• 5.3.9.4 Evaluation of offerso Clarification of the rule of origin for purchased goods and materials to be

incorporated in permanent works


• 5.5 Local tendero 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 procedureo Reminder of the preferential rules for ACP-countries

Chapter 6, Grants• 6.1.1 Definition

o New approach to co-financing: non-reclaimable taxes where the applicable regulation excludes financing of such, may be considered as co-financingby the grant beneficiary


• 6.3.1.2 Open or restricted calls for proposalso Restricted procedure should be used by default (exceptions foreseen for use of

open procedure)

• 6.3.2 Grants awarded without call for proposalso Completion of a ”negotiation report” mandatory; precisions on what constitutes a

basic act

• 6.4.1 Publicityo Precisions on the organisation of information sessions

• 6.4.4 Additional information before the deadline for submission of proposalso Reminder that no prior opinion can be given concerning the eligibility of a proposal

EuropeAidSummary of main changes to the PRAG• 6.4.7.2 Use of assessors

o Clarification on the recruitment of assessors

• 6.4.8.2 Opening and administrative checkso Merger with the step of evaluating the concept note; clarification on the elements

that are checked

• 6.4.8.3 Evaluation of the concept noteo 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

• 6.4.8.5 Verification of eligibilityo Clarification of supporting documents and reminder of the discretionary powers of

the evaluation committee in case some documents are missing


• 6.4.8.6 Conclusions of the evaluation committeeo Reminder that the committee may identify elements which need to be

modified prior to contract signature (subject to the principles of equal treatment etc.)

• 6.4.10.3 Characteristics of the standard grant contracto 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 bodieso Section redrafted


Chapter 7, Relations with international organisations, Member States, Beneficiary countries and other donors: delegated cooperation and cofinancing

o Chapter has been removed from the PRAG

EuropeAid

Summary of main changes to the PRAGANNEXES

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

EuropeAid

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

EuropeAid


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

EuropeAid


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

EuropeAid


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

EuropeAid


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.

EuropeAid


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

EuropeAid


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

EuropeAid


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

EuropeAid


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;

EuropeAidSummary of main changes to the PRAGANNEXES

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


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


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.


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.


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.


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).


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.

EuropeAid Version November 2010 Summary of the main changes.

Documents

Transcript of EuropeAid Version November 2010 Summary of the main changes.