Lithuania-Poland-Russia ENPI Cross-border Cooperation Programme 2007-2013
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Lithuania-Poland-Russia ENPI Cross-border Cooperation Programme 2007-2013 BW

Public procurement


Q: When the rule of nationality and origin, as it is described in the Annex IV  of the Grant Contract should be applied?

A:
There is a new Note, issued by the European Commission  on the 14th of February 2013, which purpose is to clarify the application of the rules of nationality and origin to ENPI Cross Border Cooperation.

Following the provisions of this document, the Beneficiaries and partners of the ENPI CBC projects (EU and non-EU), in which there is co-financing from an EU Member State, can apply national rules of nationality and origin of the co-financing Member State under the following conditions, when executing public procurement:

• these national rules do not restrict the conditions of nationality and origin as defined in article 21.6 of the ENPI Regulation (EC) No1638/2006 in connection with articles 21.1, 21.2 and 21.3 of the ENPI Regulation (EC) No1638/2006;

• the project in question is co-financed by a public entity in an EU Member State.

The examples of EU Member State public entity include central, regional and local authorities, comprising the bodies and administrative and instrumental structures under their control, as long as they are performing their functions under the responsibility of the Member State in front of the European Community.

Consequently, if the abovementioned conditions are fulfilled  in the Project, the Beneficiary and partners do not need to apply provisions of the rules of nationality and origin,  as they are stated in the Annex IV to the Grant Contract.

The Beneficiaries and partners of the ENPI CBC projects, in which there is no public co-financing from an EU Member State, should apply the rule of nationality stated in articles 21.1, 21.2 and 21.3 and the rule of origin stated in article 21.6 of the ENPI Regulation (EC) No1638/2006 in its public procurement related to the ENPI CBC project, it means they should apply the rule of nationality and origin, as it is described in the Annex IV  of the Grant Contract.


Q: According to the Lithuanian public procurement law and the rules approved by the contracting authority, agreements reached with the provider of goods, services or works below 10.000 LTL (without VAT) can be concluded in verbal form. Does this practice comply with the economical advantage principle specified in Annex IV to the Grant Contract?

A: Lithuanian Beneficiaries and partners can conclude verbal agreements in tenders below 10.000 LTL (without VAT), however, they should also make sure that the tender proposals are assessed in line with the economical advantage principle (as required by the Annex IV to the Grant Contract), i.e. minimum technical requirements for tender participants must be set in tender documents. To ensure that, it is recommended to document the survey in written form e.g. requirements can be set in minutes of the verbal interview, in written invitation for participants to submit proposals (sent by e-mail, fax, post or by CVP IS (Central public procurement information system).


Q: Can a required level of quality defined in tender documents be regarded as fulfilment of a quality criterion requested in the general principles of Annex IV?

A: The award criterion that should be used when procuring services, supplies or works within the framework of the Grant Contract is "the most economically advantageous offer" (best quality price ratio) as mentioned in the general principles of Annex IV. This is nevertheless not in contradiction with the use of the award criterion "price" for services, supplies and works: in this system, the required level of quality is defined from the beginning in the tender documents (minimum technical requirements). Any offer matching these technical requirements is considered as meeting the best quality requirements. In such case, choosing the lowest price can be considered as a kind of "best value for money". But it must be clear that, having chosen that system for a tender, no possibility exists anymore to select, amongst the offers matching the minimum technical requirements, an offer that would propose better equipment but with a price higher than other offers. 


Q: According what exchange rate the thresholds for public procurement tenders  are to be calculated? According to the exchange rate set by Inforeuro (PRAG) or national law?

A: The beneficiaries / partners that apply relevant national public procurement law should use relevant national regulations to calculate such thresholds. Exchange rate valid on the date of tender announcement should be used.


Q: What if projects do not comply with the general principles set by Annex IV concerning award procedures: rules of nationality and origin, award of the most economically advantageous tender? What are the consequences at project level? What actions should the JTS undertake?

A: Any expense linked to the procedures not respecting these principles are to be considered as ineligible by the auditor performing the expenditure verification.


Q: What documents are required to prove a rule of origin for building materials?  

A:
In case of building materials a construction company does not need to provide official certificate on the rule of origin. However the contractor should state in writing the origin of the materials used for works purposes paid by the project.  Also please take into account a new Note, issued by the European Commission  on the 14th of February 2013, which purpose is to clarify the application of the rules of nationality and origin to ENPI Cross Border Cooperation.




The Lithuania – Poland – Russia Programme
is co-financed with the funds from the European Union
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