Self-checklist for Belarusian partners conducting procurement

Procurement Checklist for Belarusian Beneficiaries and Partners
purchasing supplies, services and works within the actions financed by the ENPI CBC Latvia-Lithuania-Belarus Programme
List the services/supplies/works to be
purchased within this procedure:
Indicate the price (in EUR, with clear
separation of taxes) and the reference
to the budget line(s):
Provide the procurement procedure
applied, its name in national language
(if available) and in English. Clarify how
it corresponds to procedures given in
the Annex IV:
No procedures which are not described
in Annex IV are used (yes/no):
No.
Requirement
1
The prepared procurement documentation (Tender
Dossier) consists of:
Tender (procurement) announcement;
Instructions for tenderers;
Technical Specifications/Terms of reference;
Tender submission form;
Sample contract;
1.1
1.2
1.3
1.4
1.5
Yes
No
1
N/A
Specify where: in which
document/section/
article/page
Comments
1.6
2
2.1
2.1.1
2.1.2
2.2
2.3
2.4
2.5
2.6
Other (specify in the field “Comments”).
Necessary provisions in procurement documentation
and selected procurement procedures:
For drafting of the Tender Dossier and establishing the
detailed procedures for announcement and selection
of tenders, the Contracting Authority uses the
following:
Procedures and templates of Annex IV to the Grant
Contract and the Practical Guide to EU external
actions 2008 (PRAG), OR
Procedures of the Annex IV and the national
procedures and templates which must be in
accordance with best international practice –- are
adjusted so that they do not contradict the provisions
of Annex IV and PRAG.
There are the Terms of Reference and the Technical
Specifications providing specification of the goods,
services or works to be procured, technical and quality
requirements, timing of delivery, quantity to be
delivered, etc.;
The procurement documentation specifies who is
eligible to tender (Rule of Nationality), requests proofs
of Nationality and allows to check Nationality of
applicants in the submitted proposals;
The procurement documentation specifies the eligible
Origins of the goods, requests proofs of Origin and
allows to check Nationality of applicants in the
submitted proposals;;
The procurement documentation ensures that all
eligible candidates are treated on equal ground;
In case there are no goods or suppliers/providers
corresponding to the Rules of Origin and Nationality,
the respective derogations have been received from
the Joint Managing Authority prior to the
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2.7
2.8
2.9
2.10
2.11
2.11.1
2.11.2
2.11.3
2.11.3.1
2.11.4
procurement procedure (in the field “Comments”
please list the reference number and the date of the
letter from the JMA).
The procurement documentation specifies the
documents which the candidates will have to provide
in order to prove that they are not in a situation of
exclusion from participation in the procurement;
The documentation specifies the information and
documents which the candidates have to provide to
prove their technical and financial capacity;
The documentation specifies the required form and
content of the technical and financial offers to be
submitted by candidates;
The documentation specifies the time limit (time and
date) and the place for submission of offers. Indicate
the deadline in the field “Comments”;
The documentation explains the selection and award
criteria:
- There is a clear and detailed explanation of the
selection and award criteria in the tender dossier;
- The criteria are objective, precise and nondiscriminatory;
- The criteria stipulate that the contract will be
awarded to the most economically advantageous
tender (best price/quality ratio method) allowing
to purchase better product/work/service for
higher price;
- if the award is to be made according to the
best price/quality ratio method (see point
2.10.3), a precise methodology has been set
for weighting the scores of the different
evaluation criteria;
- Or, the criteria state that the contract will be
awarded to the most economically advantageous
Specify the deadline.
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2.12
2.13
2.14
2.15
2.16
2.17
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3.1
3.1.1
3.1.2
tender, where all offers satisfying the Technical
Specifications are considered as “best quality” and
the contract is awarded to the cheapest offer.
- the award criteria is fixed in a way that allows to
select the only winner of the tender
Maximum price of the contract is NOT indicated in the
tender dossier (for works and supplies).
In the proposals submitted by tenderers it is possible
to see the price without taxes and there is a possibility
to evaluate all received proposals on the same price
basis.
The tender dossier requests the tenderers to provide
all necessary guarantees (e.g. pre-financing guarantee,
performance guarantee, retention guarantee, etc. if
relevant).
The tender dossier explains how clarifications can be
requested by the tenderers, how site visits can be
organized (for works).
The grounds for exclusion from tender as indicated in
Annex IV, Article 2.4 and PRAG are provided in tender
dossier.
The Programme visibility requirements are followed
(according to Programme Communication Handbook
and guidance papers)
Formation of Evaluation Committee
An opening and evaluation committee (or separate
opening and evaluation committees, if appropriate)
has been formed, ensuring that:
- the committee(s) has (have) an odd number of
voting members, minimum 3; the Chairperson and
the Secretary have no voting powers.
- the committee members are formally appointed
and their responsibilities (president / member) are
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3.1.3
3.1.4
4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
duly defined;
the committee members are independent from
each other, are independent from the candidates
and have no conflict of interest.
- Evaluation Committee members have sufficient
technical and administrative capacity to give an
informed opinion on the tenders.
Provisions to avoid conflict of interests and ensure
equal treatment.
Changes in tender dossier are not possible, only in
exceptional cases by corrigendum.
The tenderers are informed that no changes in the
submitted tender proposals after submission are
allowed.
All persons preparing the tender and participating in
evaluation have confirmed their objectivity and
confidentiality in writing. Declarations of impartiality
and confidentiality are signed.
Contacts with tenderers are forbidden for experts
preparing the tendering documentation, procedures,
participating in the evaluation, etc.
The tenderers are informed that it is forbidden for
them to contact and make agreements with other
tenderers, to influence the process, and have signed
the Declaration which is submitted with the tender.
During the period from announcement of the tender
until 11 days before the deadline for submission of
offers, clarifications are provided to all tenderers only
in written. Clarifications are never provided by phone.
Negotiations, clarifications with tenderers after the 11
days before the deadline for submission of offers and
during evaluation are forbidden.
The tenderers are informed that civil servants or other
officials of the public administration of the beneficiary
-
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4.9
4.10
5
5.1
5.2
5.3
country regardless of their administrative situation
must not be engaged as experts by tenderers unless
the prior approval of the Contracting Authority has
been obtained and there is no contradiction to the
national legislation.
If there are significant differences in prices proposed
by different tenderers the Contracting Authority
should carry out checks and receive any additional
information.
The Technical Specifications/Terms of Reference are
free from restrictive conditions such as reference to
brand, mark, company; narrow and specific technical
conditions are forbidden. The Technical
Specifications/Terms of Reference do not narrow or
distort competition.
Chosen procurement procedure
The chosen procurement procedure is in line with the
definitions of the types of contracts (services, supplies,
works) in the Practical Guide to Contract procedures
for EU external actions (PRAG), as the definition of
types of contracts in the national legislation may
contradict to definitions of types of contracts in PRAG.
There is no artificial split of tenders in order to
circumvent the procurement thresholds in Annex IV to
the Grant Contract. The thresholds when selecting the
procurement procedure are counted taking into
account the total amount of similar type of
services/supplies/works planned per project for the
Contracting Authority.
The procedure selected for the contract amount
corresponds to the thresholds and procedures in
Annex IV to the Grant Contract. If offers have to be
denominated in currencies other than EURO, the
exchange rate of InforEuro for the month of launch of
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5.4
6
6.1
6.2
6.3
6.4
6.5
6.6.
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7.1
the tender is used in order to select the corresponding
procedure and comply with thresholds.
In the field “Comments” indicate, from which sources
the contract is financed (e.g. grant money, Partners’
own funds other than State budget, State budgetary
funds, or mixture of those mentioned)
Publications and/or invitations:
A procurement notice has been published in the
sources which are required by the procurement
procedure in Annex IV. In the field “Comments” please
specify the source, the date of publication, the
reference number.
In case the publications are made in several sources,
all these publications are made simultaneously.
In case invitations / tender documents were sent to
candidates, they have been dispatched simultaneously
to all candidates.
When clarifications are issued to candidates during
the tender process, identical information is published
or sent to all candidates simultaneously (for example
replies to clarification questions from candidates,
etc.).
When clarifications are published in the media, they
are published in the same media where the tender
notice was initially published.
In case of international tender, at least the tender
announcement is published in English.
The time-limits for receipt of tenders and requests to
participate are long enough (e.g. PRAG: 60 days for
Supplies and 90 days for Works in international
tenders, 30 for Supplies and 60 for Works in local
tenders)
Tender reception and opening
All tenders received are immediately registered and
Indicate sources.
7
7.2
7.3
7.4
7.5
7.6
8
8.1
8.2
8.3
kept unopened until the date set for the opening
session.
Measures have been taken to guarantee the
confidentiality and safeguarding of tenders (e.g. are
tenders kept in a locked place, is access to tenders
restricted only to authorised persons).
All tenders are opened simultaneously in presence of
the opening committee.
The tender opening activities have been documented
in writing.
The minutes of the tender opening session evidence:
- the date and time of the opening session and the
persons attending it;
- the list of offers received;
- that the offers received have been examined for
completeness, eligibility of the tenderer and
compliance with the administrative specifications;
- the list of the offers considered suitable for
evaluation;
- any problem encountered during the process and
the decision taken regarding these problems (for
example, tenders received after the deadline,
etc.).
The minutes of the opening session are signed and
dated by all the members of the opening committee.
Evaluation
The persons participating in the opening and
evaluation committees will sign a written declaration
of impartiality and confidentiality.
It is planned to document the evaluation activities in
writing.
The Evaluation Committee meetings are close (except
the opening meeting when the tenderers can be
present), all the members of the Evaluation
8
8.4
8.5
8.6
Committee are present in all the meetings, no other
people than Evaluation Committee members have
been involved in the process or had access to
information.
All participants of the procurement procedure and
their supplies, which are eligible under the Rules of
Origin and Nationality, will be treated equally. No
preferences or other unjustified limitations will be
applied.
The same eligibility, selection and award criteria as
published in the tender dossier are applied during
evaluation of proposals and award of the contract.
An evaluation report will be prepared, disclosing:
- the date and time of the evaluation session(s) and
the persons attending it;
- the list of the tenders evaluated;
- the evidence that all tenders have been examined
to check there is no ground for exclusion;
- the evidence that all tenders have been checked
to ensure that no tenderer has a conflict of
interest or is a related party of another tenderer;
- the evidence that the selection has been made in
accordance with the predetermined selection and
award criteria (for example that the evaluation
report includes a detailed record or table of the
scores allocated by the evaluators to each tender
according to the predetermined selection criteria);
- if the technical and the financial criteria are to be
evaluated separately (e.g. in double envelope
methods with separate technical and financial
offers), there will be an evidence that the
technical evaluation has been completed
separately from the financial evaluation;
- the conclusion of the evaluation committee
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concerning the recommended award;
the evidence that the Chairperson of the
committee has checked that the pre-set selection
and award criteria have been applied correctly
(for example, there is no clerical inaccuracy in the
calculation of scores, etc.);
- the names and signatures of the evaluators;
- any other information which may be needed to
allow subsequent verification of the evaluation
activities.
The tenders of successful and unsuccessful candidates
as well as all other relevant documentation will be
kept on file so as to allow subsequent verification.
There were no negotiations/discussions with
tenderers before the winner is selected and the
evaluation process has been finalised.
For Negotiated procedure without publication,
minimum 3 tenderers were invited to participate; a
report explaining the grounds for selection was
prepared (according to Annex A10a from PRAG 2012).
For Single tender procedure a report explaining the
grounds for selection was prepared (see Annexes 10
to PRAG 2012 version for example forms).
Preparation for contracting
The contract is not split between several winners, but
there is one clear winner.
It is intended to notify the successful tenderer of the
results of the tender in writing.
It is intended to notify the unsuccessful tenderers or
candidates of the results of the tender in writing, as
soon as the contracts are signed by the successful
tenderer.
If any guarantees are required (e.g. pre-financing
guarantee, performance guarantee, retention
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8.7
8.8
8.9
8.10
9
9.1
9.2
9.3
10
9.4
9.5
9.6
10
10.1
guarantee, etc.), they have been obtained. The
guarantees are in the form of letters. The guarantees
are valid and extend over the required period of time.
The winning tenderer has provided its bank account
and company identification details in writing.
In case rules of origin apply for supplies, the supplier is
aware of these rules as well as of the need to provide
an official certificate of origin as the latest with the
first invoice, if applicable.
All information in the contract with the
supplier/contractor corresponds to the drafts included
in the tender documentation.
Keeping a document track of procurement
procedures
In the organization there are provisions to ensure
keeping of the procurement documentation for the
whole tender procedure:
• Proof of procurement procedures such as
tendering documents, bids from tenderers and
evaluation reports
• Proof of commitments such as contracts and
order forms
• Proof of delivery of services such as approved
reports, time sheets, transport tickets, proof of
attending seminars, conferences and training
courses (including relevant documentation and
material obtained, certificates), etc.;
• Proof of receipt of goods such as delivery slips
from suppliers
• Proof of completion of works, such as acceptance
certificates
• Proof of purchase such as invoices and receipts
and other general proofs.
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