Cumulative content of Working Group Meetings in 2022

Working Group meeting 13/12/2022

Date: 13/12/2022
Participants: Thor Steinar Møller, Natalie Muric
Model editor: Eugeniu Costetchi
Note editor: Andreea Pasăre

Agenda

  • Procedure types and sub-types

Discussion

What is a two-stage procedure (Directive 24)

Article 84: This might in particular be the case in two-stage procedures – restricted procedures, competitive procedures with negotiation, competitive dialogues and innovation partnerships - in which the contracting authorities make use of the possibility to limit the number of candidates invited to submit a tender. Requiring submission of the supporting documents at the moment of selection of the candidates to be invited could be justified to avoid that contracting authorities invite candidates which later prove unable to submit the supporting documents at the award stage, depriving otherwise qualified candidates from participation.

Article 20: Competitive procedures with negotiation may take place in successive stages in order to reduce the number of tenders to be negotiated by applying the award criteria specified in the contract notice, in the invitation to confirm interest or in another procurement document. In the contract notice, the invitation to confirm interest or in another procurement document, the contracting authority shall indicate whether it will use that option.

Article 31 (5): Negotiations during innovation partnership procedures may take place in successive stages in order to reduce the number of tenders to be negotiated by applying the award criteria specified in the contract notice, in the invitation to confirm interest or in the procurement documents. In the contract notice, the invitation to confirm interest or in the procurement documents, the contracting authority shall indicate whether it will use that option.

Article 66 Reduction of the number of tenders and solutions. Where contracting authorities exercise the option of reducing the number of tenders to be negotiated as provided for in Article 29(6) or of solutions to be discussed as provided for in Article 30(4), they shall do so by applying the award criteria stated in the procurement documents. In the final stage, the number arrived at shall make for genuine competition in so far as there are enough tenders, solutions or qualified candidates.

Questions

  • What is the relationship between Lot and Procedure?

    • Is the Technique per procedure or per Lot?

    • What is the definition of a purpose?

    • Are the (process) deadlines/dates, and conditions part of the procedure/lot definitions?

  • When do we talk about “procedure definitions” (like a plan description) and procedure execution recording/accounting (like a travel journal)?

  • What is DPS?

  • Which procedure types can be single-stage and multi-stage?

    • What impact does “single/multi staging” have?

  • What is the difference between procedure stages and technique stages

    • What is a technique stage?

    • What is the procedure stage?

Negotiated procedure without a call

  • no techniques are typically used

  • may lead to a Framework Agreement (FA)

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Negotiated procedure with call

  • no techniques are typically used

  • may lead to a Framework Agreement (FA)

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Competitive procedure with negotiation

  • no techniques are typically used

  • may lead to a Framework Agreement (FA)

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DPS for conference hotels (with no lots)

  • One “part” for Northern hotels (parts of DPS but not Lot)

  • One “part” for Southern hotels (parts of DPS but not Lot)

DPS for cars

  • One “part” for 4x4 SUVs

    • 5 Lots - each Lot per car

  • One “part” for sedans

Ex3:

  • There is a FA on Airline tickets (divided into three “things”)

    • T1: Domestic flights within Norway

    • T2: Scandinavia flights

    • T3: International flights

  • What is T1, T2, T3?

    • Lots

    • Parts

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Future agenda

  • Jan 10th 2023 - Discuss Core Business Alignment

Working Group meeting 29/11/2022

Date: 29/11/2022
Participants: Thor Steinar Møller, Natalie Muric
Model editor: Eugeniu Costetchi
Note editor: Andreea Pasăre

Agenda

  • Procedure types and sub-types

Discussion

  • Proposing to discuss about Core Business Alignment in a future WGM

Procedure types and sub-types

  • Which procedure types can be single-stage and multi-stage?

    • What impact does “single/multi staging” have?

    • An Open procedure can be single or multi staged?

  • What is the difference between procedure stages and technique stages?

    • What is a procedure?

    • What is a technique?

    • The techniques can be viewed as a kind of procedure.

Procedure can be viewed as a process unfolding from start to the end, which is the conclusion of a contract.

A technique has a starting point as the procedure but it branches out and each branch ends with a separate contract.

By definition, a restricted procedure is already a multi-stage procedure.

Can a DPS be the following types of procedure:

  • Competitive dialogue - No

  • Competitive tendering - no

  • Innovative partnership - No

  • Neg-w-call - No

  • Neg-wo-call - No

  • Open - Yes

  • Restricted - Yes

  • Oth-mult - ?

  • Oth-single - ?

In theory, a DPS can be used in an Open procedure, but not in a restricted procedure.
Restricted means anyone can apply, but not anyone can participate. It is open all the time for qualifications, and restricted for competition.

The difference between a DPS and a FA is that under the FA a Contract Award Notice (CAN) is not published. In Italy CANs might be published.

Definitions:

  • Phase - a distinct period or stage in a series of events or a process of change or development

  • Stage - a period or step in a process, activity, or development

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Working Group meeting 22/11/2022

Date: 22/11/2022
Participants: Natalie Muric, Giovanni Paolo Sellito
Model editor: Eugeniu Costetchi
Note editor: Andreea Pasăre

Agenda

Discussion

ePO next release planning

  • Implement DPS/FA, procedures and sub-procedures

  • Re-examine the procedures and sub-procedures concepts, and their relations to Lot and Purpose

  • In DPS we have MiniCompetition AwardOutcome and NOT the LotAwardOutcome

  • The submission statistical information is at the Lot level, in the DPS/FA this information is at the MiniCompetition Level

  • Consider the split of the process information

  • CPV code pairing (re-model purpose)

  • Modifications modelling

  • Contract

  • Perhaps also touch on the Winner Role, which may be played by people and organizations, and sometimes even multiple ones, that don’t necessarily for an epo:OrganizationGroup.

Roles classification

Group leader role removal

  • The GroupLeader class was removed since we already have epo:leadBy predicate between epo:OrganisationGroup and org:Organization.

  • But not all groups have legal name so the cardinality for epo:hasLegalName is changed to 0..1

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  • Closing GitHub issue 386.

  • The lead buyer in Contract Notice can differ in the Contract Notice and Contract Award Notice corresponding to the mini-competition.

  • Presenting examples of an instance diagram for lead buyer.

  • In a joint procurement, all the Buyers are responsible and one of them might be the lead for awarding.

  • This doesn’t mean we have an OrganizationGroup.

  • Created a new concept epo:LeadBuyer as a subclass of epo:Buyer defined as: “A role of an agent who is a Buyer and takes the administrative lead of the procedure.
    WG approval 22-11-2022”

  • We need to model DPS and Framework agreement in order to be able to map correctly.

  • Discussing an example of award.

  • Buyers can be specified for the Procedure for the pre-award phase and for the Contract (Purchase and Framework Agreement) for the post-award phase.

  • However, already in the pre-award it is possible to know who will be the buyers in the Contract (post-award).

  • A Buyer can be responsible either for the procedure or for the purchase contract.

  • Responsible is not the same as the leader.

  • A lead can sign the contract.

  • Joint procurement means that a procedure is the responsibility of more than one buyer. One of the responsible buyers has to be the lead or they can use a ProcurementServiceProvider to delegate the ancillary activities to, meaning there is no lead.

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.

Working Group meeting 08/11/2022

Date: 08/11/2022
Participants: Natalie Muric, Giovanni Paolo Sellito, Emidio Stani
Model editor: Eugeniu Costetchi
Note editor: Andreea Pasăre

Agenda

Discussion

Standard Form F20

The problem of identity is discussed in the beginning of the meeting. Probably it is easier to have two organisations when we change any property.
The proposed approach is the following:

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We have an instance, Procedure2 (in the Contract Modification Notice), which is the same as Procedure1 (in the Contract Notice).

But the modification is at the level of Contract, not the Procedure or Lot. A contract has its own CPV codes. These are modifications during the execution of a Contract.
When we have a Contract, the Procedure is over.
This is not modelled in ePO yet. The current model is not correct and we should take another look at it.
Based on the definition of the Procedure class, it seems that the model presents an instance of a process.
After a discussion in the WG, it was concluded that the modifications are on the epo:Contract, not any other ProcurementObject. The Contract module of EPO is not yet completely modelled, and therefore modifications implementation should be addressed as part of the modelling Contract module.

Github issue 386 - group leader

The definition for Group Leader in ePO 3.0.1 is “A role of an agent that is the primary contact for a group of organisations.”
The proposal was to remove the epo:GroupLeader since this role is already encoded in the relations between epo:OrganisationGroup and org:Organization:

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espd:eo-role-type

This is an new authority table in EU vocabularies:

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A new ticket has been added on github: https://github.com/OP-TED/ePO/issues/409

Concession contract

The concession contract should be discussed. There are 2 URIs: one from CPSV and ePO and both definitions should be discussed.
Since the 3.0.0 release of ePO, it introduced the concept of ConcessionContract, which is already present in CPSV-AP.
Definition in ePO:
“A contract between one or more buyers and one or more economic operators giving the right to the economic operators to exploit the rights foreseen in the contract which may include the receipt of payments.”
Definition in CPSV-AP:
“Concessions are contracts for pecuniary interest by means of which one or more contracting authorities or contracting entities entrusts the execution of works, of the provision and the management of services, to one or more economic operators.” From Directive 2014/23/EU (paragraph 11)
In CPSV-AP, a cv:Contract is a subclass of epo:Contract.