T RAINING ON BASIC PRAG PROCEDURES FOR L INE M INISTRIES AND A GENCIES Cassetta attrezzi2.j Roberto Carpano - Monrovia, 19 – 23/11 2018
Long Term TA to the Office of NAO Table of contents A. The framework of the course B. Results to be achieved by the end of the training C. Participant’s presentation D. Your personal experiences in Procurement and management procedures E. Procurement within PCM F. What is PRAG? G. PRAG Procurement principles H. Focus on PRAG on: Procurement for Services, Supply and Works I. The three management modes J. The time lime for services K. The three management modes: details L. Steps in management mode M. Award of the contracts N. Modification of contracts O. Contract Management P. What did you learn and what will you do tomorrow morning once back to your office? Q. Evaluation. 2
Long Term TA to the Office of NAO A. The frame mework of the course: where are we and who who do does wha es what? t? B. B. R Res esults t to b o be a e ach chieved ed b by t y the en e end of t of the t e training: “participants will have enhanced their knowledge and skills on EDF procurement and management procedures, contributing to better management and value for money of EU funding in Liberia in the future” C. C. P ParWci cipant’s p pres esen entaWon on b by t y the t e three a ee area eas of of procureme ments: services, supplies and works 3
Long Term TA to the Office of NAO D. Your personal experiences in Procureme D. ment an and ma manageme ment procedures Procurement is the selecWon process to buy goods, services, works and grant. • Which are the key documents, you apply for Procurement? • At what level are you involved in Procurement? • Which are the physical outputs produced by your work with reference to Procurement • How would you describe a successful procurement process ? • Describe your procurement experiences with PRAG, the difficulWes and how you managed it 4
E. Procureme ment in the Proje ject Cycle Manageme ment (PCM) (PCM) Immagine del PCM 5
Long Term TA to the Office of NAO F. F. What is PRAG? (1) This practical guide explains both procurement and grant award procedures applying to EU external actions financed from the general budget of the Union and the European Development Fund (the EDF). It is used by the Commission services responsible for the management of projects and programmes financed under the external financing instruments and the EDF in the context of the Cotonou Agreement. http://ec.europa.eu/europeaid/prag/document.do? nodeNumber=1.1 6
Long Term TA to the Office of NAO G. PRAG Procurement principles (see 2.5.1 PRAG) Transparency . This obligation consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the market to be opened up to competition and the impartiality of procurement procedures to be reviewed Equal treatment and non-discrimination. Meaning that all tenderers must be afforded equal opportunities when formulating their tenders, which therefore implies that the tenders of all competitors must be subject to the same conditions 37 . Competition. The estimated value of a contract may not be established in such a way as to avoid the competitive tendering procedure or to circumvent the rules which apply to certain procurement procedures or above a certain threshold, nor may a contract be split for that purpose (a practice known as 'salami-slicing’) Proportionality. Measures adopted by the European Commission do not exceed the limits of what is appropriate and necessary in order to attain the objectives pursued and that where there is a choice between several appropriate measures recourse must be had to the least onerous 41 . Sound Financial Management. Budget appropriations must be used in accordance with the principles of economy, efficiency and effectiveness. 7
Long Term TA to the Office of NAO H. Focus on PRAG on: Procurement for Services, Supply and Works (not Grant) Make and example for a Services, Supply and Works projects 8
Long Term TA to the Office of NAO 1. 1. I. The three Manageme ment Modes 2.2.1. Direct management The European Commission is in charge of all EU budget implementation tasks, which are performed directly by its departments either at headquarters or in the EU delegations or through EU executive agencies 2 2.2.2. Indirect management Under indirect management the European Commission entrusts budget implementation to 3 : - third countries (or to bodies designated by them); - international organisations and their specialized agencies; - bodies set up under the TFEU and the Euratom Treaty - development agencies of EU Member States, or of third countries; - public law bodies, including Member States organisations. 2.2.3. Shared management The European Commission delegates implementation tasks to the EU Member States 9 Where are you? 9
Long Term TA to the Office of NAO L. The time line: from prior information to contract award 10
Long Term TA to the Office of NAO 1. 1. M. The three Manageme ment Modes 2.2.2. Indirect management INDIRECT MANAGEMENT WITH EX-ANTE CONTROLS: Before the procedure is launched, the contracting authority must submit the documents (tender dossier, including relevant notices, or call for proposal file) to the European Commission for approval. (A.1.1.e) INDIRECT MANAGEMENT WITH EX-POST CONTROLS: The contracting authority draws up shortlists (restricted procedures) and is responsible for issuing invitations to tender, receiving tenders, chairing the evaluation committees, deciding on the results of the procedures and signing the contracts without the prior authorisation of the European Commission. The EC endorses the final award. 11
Long Term TA to the Office of NAO 1. N. Steps in Management Modes Understand the steps: 1. Prior information notice 2. Contract notice 3. Contract modification notice 4. Cancellation notice 5. Shortlist notice 6. Tender dossier, technical specifications and any other annexes to the tender dossier (plans, etc.) (for supplies and works only Supplies, Works 7. Award 12
Long Term TA to the Office of NAO N1. Prior Information notice Example of Prior Information notice already published? “Long Term Technical Assistance for the implementation of the Voluntary Partnership Agreement (VPA) in Liberia”. (2) Which are the crucial issues ? Fill three Prior information notices (contract description) related to a services, supply and works notice in your pipeline by using the (3.a5d) format, how to identify the “contract value” 13
Long Term TA to the Office of NAO N2. Contract notice Example of Contract notice already published? “Long Term Technical Assistance for the implementation of the Voluntary Partnership Agreement (VPA) in Liberia”. (4) Understand rules related to “Conditions of participation”: Eligibility, Candidature, Shortlist alliance” Fill three (services, supply and works) Contract notices limited to “Conditions of participation” and “Selection and award criteria”. 14
Long Term TA to the Office of NAO N3. Contract modification notice N4. Cancellation notice 15
Long Term TA to the Office of NAO N5. Shortlist notice (see 3.4.2) Candidates that presented the EoI according to Annex 4.1 are shortlisted by the evaluation committee. The selection procedure involves: - drawing up a long list (see template in Annex 5.B4 ) summarising all the applications received; - eliminating applications that are inadmissible due to being submitted by ineligible candidates (see Section 2.3) or by candidates falling into one of the situations described in Sections 2.6.10.1. on the basis of their declaration of honour; - applying the selection criteria exactly as published. - After examining the responses to the contract notice, the evaluation committee shortlists the service providers offering the best guarantee of satisfactory performance of the contract. - The shortlist comprises between four and eight candidates. - If the number of eligible candidates meeting the selection criteria is greater than eight, the additional criteria published in the contract notice are applied in order to reduce the number to the eight best candidates. For further details, please see Section 2.6.11 (Selection criteria). - See examples of Shortlist notice (6) 16
Long Term TA to the Office of NAO N5. Shortlist notice (see 3.4.2) Once the Contracting Authority received the Expressions of Interest (EoI – Annex 4.1), draw a short list by applying the 5.b4 format 17
Long Term TA to the Office of NAO N6.1 Drafting and content of the Tender Dossier (see 2.8) These documents must contain all the provisions and information that candidates need to submit a tender: the procedures to follow, the documents to provide, cases of non-compliance, award criteria and their weightings, etc. They specify what is required of the service, supply or work to be purchased and the minimum requirements whose non-compliance entails the rejection of the tender. Preparing the tender dossier - particularly the technical specifications/terms of reference - may require the assistance of one or more external technical specialist(s). 18
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