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

Agenda

  • Dynamic Purchasing System

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

  • In a single stage procedure there is

    • a single process start-to-end

    • Only one tender deadline

    • Allowed procedure types

      • Open

      • Restricted

      • Other single stage procedure

    • Disallowed

      • Negotiated

      • Competitive dialogues

      • Competitive tendering (perhaps)

      • Innovation partnership

      • Negotiated with prior publication of a call for competition / competitive with negotiation

      • Negotiated without prior call for competition

      • Other multiple stage procedure

  • In a multi stage procedure there is

    • Multiple tender deadlines

      • ONLY One call for competition that is published

        • Possibly everyone is invited or possibly a restricted set

      • When the competition is reopened (the subsequent stage, not the first one), it is “limited” (no notice published)

        • Always a restricted set of participants

        • Reopen always only with “award” criteria and no “exclusion” or “selection” criteria.

    • DPS - introduces ONE subsequent stage

      • 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.

      • DPS can be open or closed (in Italy).

    • Negotiated procedure can have “infinite” number of stages

    • Allowed procedure types

      • Negotiated

      • Competitive dialogues

      • Competitive tendering (perhaps)

      • Innovation partnership

      • Negotiated with prior publication of a call for competition / competitive with negotiation

      • Negotiated without prior call for competition

      • Other multiple stage procedure

    • Disallowed procedure types

      • Open

      • Restricted

      • Other single stage procedure

Dynamic Purchasing System (DPS)

Procedure types allowed with DPS

  • Restricted Procedure types Disallowed

  • All the rest

A DPS never really completes. One can keep adding participants.

DPS flow

    • Purpose:

      • Announce the call for competition

      • Attract requests for participation

      • Choose candidates

  • Can publish a Prior Information Notice (PIN) if you want

  • Publish a Call for Competition (CN)

    • Optionally including Award Criteria

  • ESPD Request has to be published at the same time as CN (elsewhere)

  • Specifications can be published (elsewhere)

  • The request to participate is submitted by the Tenderer

    • Including the ESPD Response

    • (optionally) Including the evidence for selection criteria and exclusion grounds

  • Request to participate is evaluated

    • Not sooner than 30 days after the CN publication

    • Not later (for each request to participate) than 10 days after the submission

  • Tenders that pass the Exclusion grounds and Selection criteria are admitted to the DPS

    • Purpose:

      • Conduct competition based on award criteria

  • The Buyer triggers the (RE-)opening of the competition, when needed,

    • There may be multiple openings of “competition” among the chosen candidates

    • _Also known as _

      • (in Italy) mini-competition

      • sub-procedure

    • The Buyer is (sometimes) a different organisation in this stage

    • 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.

  • Tenderers submit tenders

  • The Evaluation Committee (set-up by the Awarding-Buyer) evaluates and creates an evaluation report

  • Based on the evaluation report, an Award Decision (based on award criteria only) is created (by the Awarding-Buyer)

  • Selecting-Buyer requests to the (nearly) awarded Tenderers (wanna-be Winners) the evidence for selection criteria and exclusion grounds

  • Tenderers provide the evidence to the Selecting-Buyer

  • Selecting-Buyer evaluates the provided evidence and

    • If it is conformant(good) the contract is awarded to the Tenderer, making them Winners

    • Otherwise the Tenderer is not awarded

  • All Tenderers are then told of the Award Decision (who was awarded and not + reasons on why and why not)

  • The contract is signed by the Awarding-Buyer and the Winners

  • Contract Award Notice (CAN) is published

    • for each award decision (within 1 month) OR

    • 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)

Critical note:

  • 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:

  • 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]

  • In the DPS CAN, most likely, the contract number will be provided rather than a reference to the Lot number (in the Procedure).

Note

  • 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.

  • 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

  • In Italy, DPS is like a digital market internal to public institutions.

  • There is always a system that supports the DPS.

  • Is the procedure ID of the CAN the same as the one for CN?

  • The discussion on DPS should continue on Thursday, 24th Nov.

  • In a CAN for DPS it will be a Contract Number, not a Lot Number.