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Session “International standards for tender submission”

Session “International standards for tender submission” Contract notice and time-tables: practical examples Johannes S. Schnitzer EBRD-Consultant, WOLF THEISS Kiev, 1-2 March 2012. Agenda. Contract notice – form and content Practical example Sequence of tender procedures

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Session “International standards for tender submission”

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  1. Session “International standards for tender submission” Contract notice and time-tables: practical examples Johannes S. Schnitzer EBRD-Consultant, WOLF THEISS Kiev, 1-2 March 2012

  2. Agenda Contract notice – form and content Practical example Sequence of tender procedures Time tables – practical examples

  3. Advertising the contract: the contract notice (1) Contracts must generally be advertised (“Contract Notice”)  Transparency: provide firms with sufficient information to decide if contract is of interest  Competition: to allow maximum competition Contract Notice published in EU Official Journal of the European Union and in TED databank (Tenders Electronic Daily) http://ted.europa.eu/TED/search/searchResult.do GPA In the appropriate publication listed in Appendix II (of each GPA member)

  4. Advertising the contract: the contract notice (2) Costs are born by EU Includes costs for translation Form and manner New standard forms since 2011 (EU regulation 842/2011 -- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:222:FULL:EN:PDF Minimum information to be included in contract notice E.g. CPV  allows suppliers to search for contracts of interest GPA: Minimum information according to Art 9 GPA  summary notice containing Subject-matter of the contract; time-limits; address from which tender documents may be requested

  5. Advertising the contract: the contract notice (3) Draft notice carefully to ensure compliance with transparency and equal treatment ! No material changes following publication  otherwise new publication Language UNCITRAL-LAW): “language customarily used in international trade” EU-PPD: all EU languages (only original is binding) GPA: Summary notice in one of the official WTO languages

  6. Advertising the contract: the contract notice (4) Practical example  Procurement of computers by the Austrian Ministry of Justice See http://simap.europa.eu/enotices/changeLanguage.do?language=

  7. state Procurement Planning Public Contract Two-stage tender procedure One-stage tender proceudre market Restricted / negotiateded procedure (with prior publication) Open procedure

  8. Open Procedure: Sequence (according to EU-PPD) Contract Notice 52 days: Deadline for bid submission 10 days Bid Opening Bid Evaluation Award Decision 10 days Standstill Period Contract Award

  9. Restricted Procedure: Sequence (according to EU-PPD) Contract Notice 37 days 10 days Deadline RTP Selection of Candidates 10 days Invitation to submitt bids 40 days - 10 days Deadline/ Bid Opening Bid Evaluation Award Decision 10 days Standstill Period Contract Award

  10. Negotiated Procedure: Sequence (according to EU-PPD) Contract Notice 37 days 10 days Deadline RTP Selection of Candidates 10 days Invitation to submitt bids Deadline bid sumbission ? - 7 / 3 Tage Deadline/ Bid Opening Bid Evaluation + Negotiations Award Decision 10 days Standstill Period Contract award

  11. Restricted Procedure: Sequence – practical example

  12. Timeline Stage 2

  13. Contact Johannes S. Schnitzer, Dr. iur, LL.M. Tel: + 43 / 1 / 51510 – 2350 Fax: +43 / 1 / 51510 – 665355 E-Mail: johannes.schnitzer@wolftheiss.com WOLF THEISS Attorneys-at-LawSchubertring 61010 ViennaAustria

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