OJEU Process

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OJEU Process
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Contents

• OJEU Principles
• EU Directive Legislation
• The thresholds and categories
• Procedures
• Timescales
• Exclusions
• Framework Agreements
• Electronic Processes Selection Issues
• PQQs
• Award Criteria
• Alcatel Standstill Period
• Contract Management

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OJEU Principles

• OJEU Official Journal of the European Union
• EU Treaty is binding for member states and their
  public bodies
• It encourages the removal of all barriers to the
  free movement of goods and trade
• Main principles are non-discrimination and
  transparency, equal treatment and proportionality
• Main thrust of the regulations is to promote
  competition
• No actions must PREVENT, RESTRICT or DISTORT
  COMPETITION

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EU Directives Legislation

• EU
• Government Procurement Agreement WTO
• Treaty of Amsterdam
• EU Directive 2004/18/EC and 2004/17/EC
• UK
• Public Contract Regulations 2006 (SI2006 No 5)
• Public Contract Regulations 2006 (SI2006 No 6)

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Thresholds Categories

• Supplies Part A Services
• Central Government/NHS 90,319
• Local Government 139,893
• Award only
• Part B Services 139,893

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Procedures

• Open
• Any undertaking may tender
• Restricted
• Any undertaking can apply to be selected to be
  invited to tender
• Negotiated with a call for competition
• Any undertaking can apply to be selected to
  participate
• Accelerated Restricted/Negotiated
• For use only in exceptional circumstances not of
  the authoritys making
• Competitive Dialogue
• Any economic operator may request to participate
  and the awarding authority conducts a dialogue
  with candidates admitted, with the aim of
  developing one or more suitable alternatives
  capable of meeting the requirements and on the
  basis that the chosen candidates are then invited
  to tender.

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Timescales

• Day 1 of any period is the day following the
  initial activity
• The last day of the period must be a working day
• Open Tender 52 Days/36 PIN
• Can reduce by -7 Days if contract notice is sent
  electronically
• Can reduce by a further -5 Days if documents are
  available when the contract notice is first issued

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Timescales

• Restricted EOI 37 Days
• Can reduce by -7 Days if contract notice is
  sent electronically
• Restricted Tender 40 Days/26 PIN
• Can reduce by -5 Days if documents are available
  when the contract notice is first issued

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Timescales

• Accelerated EOI 15 Days
• Can reduce by -5 Days if the contract notice is
  sent electronically
• Accelerated Tender 10 Days

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Exclusions

• Part A service are not excluded
• Part B services are subject only to the rules on
  technical specifications and issue of a contract
  award notice
• Defence contracts
• Secret or subject to national security
• Disclosure would be against public interest

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Framework Agreements

• A contract is an agreement between two parties
• A framework is an agreement between one or more
  contracting authorities and one or more economic
  operators, the purpose of which is to establish
  the terms governing the contracts to be awarded
  during a given period, in particular with regard
  to price and where appropriate quantities
  envisaged
• Frameworks can be used for repetitive purchases
  in order that the most economic operator can be
  chosen to supply when the time comes, via a
  mini-competition
• Frameworks can be used as Call off Contracts

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Electronic Processes

• On a par with traditional means of communication
• Can be used if in conjunction with the rules and
  principles
• Using MYTENDERS is an electronic process
• Typically refers to e-auctions includes Dynamic
  Purchasing Systems

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Selection Issues

• Sustainability
• Environmental
• Social
• Economic and Financial Standing
• Technical Professional Ability
• Tools Plant
• Staff Qualifications
• Proportion of sub-contracting
• Recent/current contracts
• Quality Assurance
• Health Safety
• Equal Opportunities/Race Relations
• MUST BE RELEVANT TO THE CONTRACT

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Selection Issues

• Formal Pre-selection can be used to determine
  which bidders are most suitable to bid
• Pre-Qualification Questionnaire PQQ
• MQC Minimum Quality Criteria
• Scoring used should be clear and authorities need
  to be able to demonstrate application of scoring
  that then led to the final selection
• Minimum scores can be set

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Award Criteria

• All tenderers must be advised of the criteria to
  be applied and any scoring latest when the tender
  documents are issued, preferably before - Very
  few exceptions to this
• This allows tenderers to prepare their response
• Lowest or MEAT Most economically advantageous
  tender
• Sub criteria
• Quality, price, Technical merit functional
  characteristics, environmental characteristics,
  running costs, cost effectiveness, after sales,
  technical assistance, delivery/start dates
• Minimum scores can be set agreement should be
  made for all possible scenarios
• You must be able to demonstrate you have applied
  the scoring criteria as indicated and awarded
  based on the results

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Alcatel Standstill Period

• Minimum 10 days mandatory standstill period must
  take place before a contract can be awarded
  within an OJEU process assuming no legal
  challenges are made
• Day 0 Notify tenderers of decision and intention
  to award, include scoring outcomes
• Day 2 Tenderers have until Day 2 to request
  additional de-briefs, by any means
• Day 7 Additional de-briefs must be completed
• Day 10 End of standstill period
• Day 11 Formal award can take place if no legal
  challenge is received

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Contract Management

• This process enables both parties meet their
  obligations in order to deliver the objectives
  required from the contract
• Good relationships need to be built between
  customer and provider, but can often exist
  following the tender process and as a result of
  it
• Should continue through the life of the contract
• Can aid Continuous Improvement
• Good preparation is the key
• Main areas Service/Goods delivery
• Relationships Management
• Contract Administration