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 2 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. 3 2.12 2.13 2.14 2.15 2.16 2.17 3 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 4 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 - 5 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 6 5.4 6 6.1 6.2 6.3 6.4 6.5 6.6. 7 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 9 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 - 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. 11
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