OJEU

1
OJEU the Rules of the Procurement Game - Agenda

• Application of EU Procurement Rules
• Other tendering routes used by the Public Sector
• The OJEU Process
• Sources of Information
• General Tendering Issues

Derek Nash BA, FCIPS,MCMIJohn Knox MA, AMIMechE
2
Thresholds for EU Public Sector Procurement Rules

• Supplies 144,371 (E 211,000)
• Services 144,371 (E 211,000)
• Works 3,611,319 (E 5,278,000)
• (lower thresholds apply to central government
  bodies)

3
Public Sector Tenders Below OJEU Thresholds

• Depends on procurement policy of contracting
  entity
• Typically
• below 1,000 no competition, raise PO
• 1,000 - 9,999 quotes from 3 suppliers
• 10,000 OJEU Limit full competitive tender,
  between 3 and 6 suppliers invited to
  tender. Sealed bids, standard ITTs.

4

• OJEU how it works
• The Notice
• The Pre -Assessment
• The Tender
• Right First Time
• Reasons for failure

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The Notice - 1

• Published electronically by the EU available via
  OJEU on a daily basis
• A critical document that sets out the buyers
  requirements, time scales and the procedure being
  used.
• Procedure
• Open - Any business can bid
• Restricted - Suppliers subject to pre
  qualification
• Negotiated - Open or restricted
• Dynamic - Submission electronically
• Accelerated - Urgent requirements

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The Notice - contents

• Section I Contracting Authority
• Contact points, type of organisation
• Object of Contract
• Title what they call it
• Type of contract (supplies/services/works etc.)
• Short description, CPV codes
• Lots, Scope, est. value, duration, splits
• Legal, Financial, Technical, etc., requirements
• Type of procedure
• Award criteria and competition method e.g.
  auction
• Method of responding How, No of copies, Format,
  Language, where to, closing dates applications
  of interest, closing date for bids
• Costs of documentation

7
Sources of Information - 1

• OJEU Tenders Electronic Daily (TED)
• http//ted.europa.eu/
• Language (EN), Country (GB) the search by
• Authority (British Nuclear, Magnox
• Place (Moor Row, Warrington, Didcot
• CPV code
• Small Business Service Portal
• www.supply2.gov.uk
• Public sector tenders
• above and below OJEU Threshold
• Free to SMEs in their NUTS code area
• Need to Register

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Sources of Information - 2

• British Nuclear Group CTM system
• Tenders above and below OJEU Threshold
• Tender documents, detailed scope, etc.
• Submit tenders via CTM system
• Need to register
• Other websites
• UKAEA www.ukaea.org.uk
• UK Fusion www.fusion-industry.org.uk/
• West Cumbria Supply Chain Portal
• Via WCDA www.wcda.co.uk
• Selected tenders including all the above sources
• Free to West Cumbrian SMEs

9
Additional Information

• Integral to understanding the buyers requirements
• Written Market Briefings
• Information seminars
• Web Sites
• Press announcements
• Business publications
• Supply Chain Portal
• Use these opportunities!

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Consortia or Joint Submission

• Formed by interested parties- Laterally or
  Vertically
• Legal Status to be determined
• Who will lead on the contract?
• Principal Sub Contractors or Equal Partners?
• Demonstrate to the buyer that the skills for
  delivery are in place

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Pre Tender Assessment

• Part of the tender process Questionnaire can be
  electronic
• Establishes your commercial technical strengths
• References that reflect the buyers current
  requirements
• Accounts
• H S / QA / Environmental
• Corporate and Social Responsibility
• Signature

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Framework Agreements

• An agreement made,usually with one or more
  suppliers for goods services.
• T Cs are agreed
• Product drawn down against a specific instruction
• No exclusivity or commitment for the goods /
  services is given
• Suppliers may be invited to enter into Mini
  competitions against the framework.
• Mini competitions can be Dynamic

13
The Tender

• A Critical Document
• Read it
• Understand it
• Complete it
• Return it as per the instructions

14
Standstill Period

• 10 Calendar Day Standstill Period right of
  appeal (Alcatel)
• The buyer must publish in Europe ( OJEU) a
  Contract Award Notice ten days before the
  contract commences.
• Unsuccessful tenderers must be notified
• The trade can challenge the award as follows
• Unsuccessful tenderers must request a speedy
  debrief within 2 working Days
• Buyer to provide within 3 Working Days
• Unsuccessful tenderers can request a normal
  debrief within 15 working days
• Unsuccessful tenderers can apply to the courts.

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Reasons for Failure

• Late receipt of Pre Assessment Documents /or
  Tender
• Tender sent to the incorrect address
• Failure to comply with tender identification
  details e.g.
• Showing sender details
• Omitting to show Tender Title/ ref
• Omitting to show Tender receipt date / time
• Inappropriate references, generally not
  reflecting the business that you are tendering
  for.
• Incorrect number of bids
• Incorrect format of bid
• Bid not signed
• Bid part completed