Transcript Slide 1

Contratación en los Organismos Internacionales
de Propiedad Industrial
Ignacio de Medrano Caballero
Director Adjunto Área de Recursos Humanos
25/10/2011
Introduction
Brief overview of the principles of Public Sector Procurement with special
consideration to the procedures and rules applicable at the Office for Internal
Market Organisation
- General considerations
- Legal Framework
- Rules and Procedures of EU public tenders
- Some words on public contracts
General considerations
• Public Procurement one of the most important economic factors in EU Member
States (about 16% of EU GDP)
•In OHIM (and most of EU institutions) about 95% of budget expenditures is done
via Public Tender Procedures
•Open up of market to competition is a way to foster quality, transparency and
fairness:
(i) at MS level it prevents ‘buy national’ policies and promote the free
movement of goods and services
(ii) at EU level it enables to ‘buy best value for money’ in line with the
Principles of sound Financial Management
Legal Framework
•Article 56 of the TFEU
•OHIM Regulation No CB-3-09 of 17 July 2009
•Financial Regulations No 1605/2002 and the Implementing rules (reg. No
2342/2002) of the EU budget applicable to OHIM
•Public Procurement Directives (2004/18)
•Other sources of law (eg. Case-law or (EC) No 1564/2005 establishing standard
forms for the publication of notices in the framework of public procurement
procedures)
Rules and Procedures of EU public tenders
• Applicable rules affect mainly 3 aspects
(i) obligations regarding publication of EU PT procedures in the OJEU
(ii) choice of procedures to be followed
(iii) obligations regarding publication of the results of EU PT procedures
(i) Obligations of publication of the EU PT procedure
•EU PTs aree published in the OJEU if the estimated value of the contract (net of VAT)
equals or exceeds the relevant financial threshold.
•Thresholds as of 1 Jan 2010:
EUR 125.000 for supplies and services (except for those services covered by the next
point);
EUR 193.000 for R&D services (category 8 of Annex IIA of the Public Procurement
Directive 2004/18/EC) and services such as hotel, restaurant, transport, personnel,
security, education, cultural, health and social services (those listed in Annex IIB of the
same Directive);
EUR 4.845.000 for the procurement of works.
Thresholds updated every 2 years!
(ii) Choice of procurement procedures
• Open
• Restricted
• Negotiated
• Competitive dialogue.
Minimum Time Scales in Open Procedures
52 days minimum
Less with Prior Information Notice and/or
electronic communication
Not
specified
10 days
min
48 days
max
Minimum Time Scales in Restricted Procedure
37 days minimum
Less with electronic
com. and/or
‘Accelerated procedure’
40 days min
Less with PIN,
electronic com. and/or
‘Accelerated procedure
Not
specified
10 days
min
48 days
max
Minimum Time Scales in Negotiated Procedure
Negotiation
37 days minimum
Less with electronic
com. and/or
‘Accelerated procedure’
Not
specified
10 days
min
48 days
max
Rules and Procedures of EU public tenders
Verification of the suitability of tenderers (open procedure)
Selection of candidates (restricted and negotiated procedure):
EXCLUSION: A contracting authority must exclude a bidder from the procurement
process, in cases where a bidder has been convicted of involvement in organised crime,
corruption, fraud or money laundering.
SELECTION (1) : A contracting authority may exclude a bidder from the process, in cases
where certain grounds concerning the supplier's personal position are met (e.g.
bankruptcy, professional misconduct, non-payment of social security or taxes).
Contracting Authorities can ask bidders and competent authorities (also in other MS)
to provide relevant documents / information!
Rules and Procedures of EU public tenders
SELECTION(2) : Bidders may also be assessed and excluded on the basis
of their economic and financial capacity (e.g. annual turnover for past three
years) and technical capacity (e.g. experience of similar contracts over the
past five years).
The contracting authority must specify non-discriminatory selection criteria in
the contract notice as well as any minimum standards (e.g. a minimum
turnover requirement)!
Rules and Procedures of EU public tenders
Criteria for the award of Contracts
• Lowest price: The lowest priced tender wins. No other element of the tender may be
taken into account
OR
• The most economically advantageous tender (MEAT): Factors other than or in addition
to price, like quality, technical merit , running costs and delivery period can be taken into
account
The contracting authority must specify non-discriminatory award criteria and the
relative weighting it gives to each of the criteria (e.g., in the contract notice).
Rules and Procedures of EU public tenders
(iii) Obligations regarding publications of results
•
All EU PTs which are subject to open and restricted procedure procurement above
these thresholds must be published in the Official Journal (except for services listed in
annex IIB of Directive 2004/18, which follow specific rules)
…and notifications to bidders
• On request the contracting authority must give any unsuccessful bidder:
(i) The reason why the tender/application was rejected
(ii) The relative advantages of the tender selected as well as the name of the successful
bidder. Information must be provided within 15 days!
Some words on public contracts
• The award of the contract is very much related to the adherence of the offer with what
required by the public tender.
•Selection and awad criteria must be objective and transparent but on the other hand
tenderers/candidates must fulfill the elegibility and selection criteria and offer the best price
or MEAT
•Quality of the bid is thus essential!
• OHIM contracts consist of General and Specific Conditions that are standards and apply
to all contracts of OHIM. Specific Conditions may include particular provisions depending of
the scope of the contract (eg. obtainment of goods/services, type of service/good etc.)
• The draft contract is usually published with the Tender Specifications Documents
• Draft available also in the web-page of OHIM ( www.oami.europa.eu )
Information:
(+ 34) 965 139 100 (centralita)
(+ 34) 965 139 400 (e-business problemas técnicos)
(+ 34) 965 131 344 (fax central)
[email protected]
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THANK YOU.