Working Group meeting 15/11/2022
Date: 15/11/2022
Participants: Thor Steinar Møller, Natalie Muric, Giovanni Paolo Sellito
Model editor: Eugeniu Costetchi
Note editor: Andreea Pasăre
Discussion
Open procedure with framework agreement
Single-stage and multi-stage procedure -
Tenderers may be limited or pre-set -
Buyer can the same (as in FA) or different (for using the FA to establish a contract) -
Stages
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In a single stage procedure there is
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a single process start-to-end
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Only one tender deadline
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Allowed procedure types
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Open
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Restricted
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Other single stage procedure
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Disallowed
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Negotiated
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Competitive dialogues
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Competitive tendering (perhaps)
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Innovation partnership
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Negotiated with prior publication of a call for competition / competitive with negotiation
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Negotiated without prior call for competition
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Other multiple stage procedure
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In a multi stage procedure there is
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Multiple tender deadlines
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ONLY One call for competition that is published
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Possibly everyone is invited or possibly a restricted set
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When the competition is reopened (the subsequent stage, not the first one), it is “limited” (no notice published)
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Always a restricted set of participants
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Reopen always only with “award” criteria and no “exclusion” or “selection” criteria.
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DPS - introduces ONE subsequent stage
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New economic operators may join based on “requests to join” , but no new publication of CN. The requests to join are based on the initial CN.
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DPS can be open
or closed (in Italy).
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Negotiated procedure can have “infinite” number of stages
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Allowed procedure types
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Negotiated
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Competitive dialogues
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Competitive tendering (perhaps)
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Innovation partnership
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Negotiated with prior publication of a call for competition / competitive with negotiation
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Negotiated without prior call for competition
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Other multiple stage procedure
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Disallowed procedure types
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Open
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Restricted
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Other single stage procedure
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Dynamic Purchasing System (DPS)
Procedure types allowed with DPS
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Restricted Procedure types Disallowed
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All the rest
A DPS never really completes. One can keep adding participants.
DPS flow
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Purpose:
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Announce the call for competition
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Attract requests for participation
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Choose candidates
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Can publish a Prior Information Notice (PIN) if you want
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Publish a Call for Competition (CN)
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Optionally including Award Criteria
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ESPD Request has to be published at the same time as CN (elsewhere)
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Specifications can be published (elsewhere)
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The request to participate is submitted by the Tenderer
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Including the ESPD Response
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(optionally) Including the evidence for selection criteria and exclusion grounds
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Request to participate is evaluated
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Not sooner than 30 days after the CN publication
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Not later (for each request to participate) than 10 days after the submission
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Tenders that pass the Exclusion grounds and Selection criteria are admitted to the DPS
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Purpose:
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Conduct competition based on award criteria
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The Buyer triggers the
(RE-)opening of the competition, when needed,-
There may be multiple openings of “competition” among the chosen candidates
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_Also known as _
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(in Italy) mini-competition
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sub-procedure
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The Buyer is (sometimes) a different organisation in this stage
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The Buyer triggers the
(re-)opening of competition, when needed, by sending an invitation to tender including the specifications and award criteria to the Candidates.
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Tenderers submit tenders
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The Evaluation Committee (set-up by the Awarding-Buyer) evaluates and creates an evaluation report
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Based on the evaluation report, an Award Decision (based on award criteria only) is created (by the Awarding-Buyer)
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Selecting-Buyer requests to the (nearly) awarded Tenderers (wanna-be Winners) the evidence for selection criteria and exclusion grounds
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Tenderers provide the evidence to the Selecting-Buyer
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Selecting-Buyer evaluates the provided evidence and
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If it is conformant(good) the contract is awarded to the Tenderer, making them Winners
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Otherwise the Tenderer is not awarded
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All Tenderers are then told of the Award Decision (who was awarded and not + reasons on why and why not)
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The contract is signed by the Awarding-Buyer and the Winners
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Contract Award Notice (CAN) is published
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for each award decision (within 1 month) OR
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Collect all award decisions (once every 1 month or 6 months for example) and a bulk is published (usually for the contracts below the threshold)
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Critical note:
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In the case of DPS, the CAN is an Award Notice for the Contract, while in the case of normal (non-DPS) procedures the CAN is an Award Notice for Lots. [THIS IS DEBATABLE]
Critical note:
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The opening of the competition under the DPS may be opened as a sub-procedure having its OWL Identified, yet linked to the “parent-DPS-procedure”. [THIS IS DEBATABLE]
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In the DPS CAN, most likely, the contract number will be provided rather than a reference to the Lot number (in the Procedure).
Note
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DPS is open during the whole duration of the procedure. If a DPS is a setup to last for 2 years, then eC can register and apply under this DPS. DPS is a kind of FA where the procedure is open for a long period.
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And when needed, a CA can launch a mini-competition, like the FA, whereas the EC that has the capability to submit a tender can submit its tender in that specific sub-competition.
Note
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In Italy, DPS is like a digital market internal to public institutions.
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There is always a system that supports the DPS.
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Is the procedure ID of the CAN the same as the one for CN?
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The discussion on DPS should continue on Thursday, 24th Nov.
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In a CAN for DPS it will be a Contract Number, not a Lot Number.