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EU Procurement Law > Vocab > Flashcards

Vocab Flashcards

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1
Q

public contract

A

are contracts which get procured

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2
Q

confidentiality ring

A

group shares info with each other - MAD if reveal

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3
Q

contracting entity

A

Utilities CA

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4
Q

candidate (applicant)

A

pre-tenderer

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5
Q

Thresholds

A

goods/services: €144k (€170k GPA)

works: €5.5m (€6.5m GPA)

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6
Q

purchase v procurement

A

Purchase is small stuff/low value

Procurement is whole riggamarole

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7
Q

public supply contracts thresholds

A

GS: €207k
W: €5.2m

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8
Q

public undertaking

A

competition language to decide if CA or BE compete/collude/aided
A CA or CE which provides utilities (or other) services and tgus competes in markets

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9
Q

3000s Regs

A

about transpoer liberalizartion

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10
Q

principle of organizational and procedural authonomy

A

doesnt matter if technically govt - are you arms-length from CA? (if yes, need tender)

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11
Q

ESPD

A

establishes “pre-qualification”

like all reqs ‘on-file

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12
Q

admissible tender - conforming

responsive

A

not irregular, unacceptable, unsuitable

how well responds to reqs - NOT IF EO ANSWERS EMAILS AND ANSWERS THE PHONE

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13
Q

tariff

A

price paid for public good, subsidized service (rail, bus, etc.). Not trade tax

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14
Q

internal operator

A

direct award ineligible for other tenders

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15
Q

Reg 1370/2007

A

PPTS specifically

Basically extra part of Transport Directive

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16
Q

WEPT

A

water
energy
postal
transport

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17
Q

special/exclusive rights

A

given to PSC contractors to achieve PSO

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18
Q

special operational units SOU

A

units with these special rights

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19
Q

public interest tasks - PITs

A

utility functions from Farrell (2017) giving EU direct effect to private entities the ‘colour of law’
PITs are to utilities as GEIs to tranport/public gooda

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20
Q

principally intended test -

A

contract under authority of which Directive (PSD, UD, RD, etc), based on LtSM

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21
Q

economic group

A

group of orgs who are part of CE’s (contracting entity) business (like integrated entity)

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22
Q

affiliated undertaking

A

entity shose financial statements include CE (or CE includes them in its books)

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23
Q

qualification system

A

used by utilities to pre-qualify potential bidders (the list of approved suppliers - get confirm in 6 months)

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24
Q

concessionaire

A

EO winning concession competition

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25
Q

(defence) offset

A

requirement/request foreign supplier sells non-defence related GSW

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25
Q

sensitive equipment

A

used by law enforcement and other quasi-military orgs

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27
Q

date first Regs

A

about transport coordination

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28
Q

claim

A

“objection” filed by EO

becomes claimant/respondent, petitioner b/c of petition, if GC, appellant, appelle

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29
Q

“reverse” auction

A

bc price down, and lowest wins

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30
Q

Guidance

A

as part of reg (soft law)

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31
Q

solicitation docs

A

what CA/PE gives to EO, not visa-versa

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32
Q

offset

A

domestic content requirement

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33
Q

solicitation

A

GPA name for tendering

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34
Q

quotation

A

as in request for, GPA for bid

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35
Q

‘government’ procurement

A

piblic procurement in GPA parlance

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36
Q

procuring entity(PE) ***

A

GPA parlance for CA

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37
Q

summary notice

A

little announce in 3 languages so other MS EOs can participate

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38
Q

selective tendering

A

pre-qualification (ie restricted procedure)

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39
Q

limited tendering

A

closed procedure

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40
Q

excluded entities

A

exempt from PPL

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41
Q

special and differential (S n D) flexibility

A

2 elements for LDCs
1- get special access
2- give local preferences (threshold protection)

42
Q

offsets

A

foreigners can win- but must have x% locally made/bought/employed

43
Q

threshold protection

A

giving protectionto locals by making higher values applicable to PPL

44
Q

BAFO

A

best and final offer

45
Q

US Federal Acquisition Regulation

A

US PSD

46
Q

advance notice publication

A

notice about direct solicitation

47
Q

catalogue contracts

A

FA

48
Q

IDIQ

A

Indefinite delivery, indefinite quantity = FA

49
Q

multiple award schedules

A

US DPP

50
Q

rated-type criteria

A

get extra credit for going above min.

51
Q

Model Laws 13 PP types
1- tendering based
2- request for proposals
3- request for quotes

A

1- open, restricted, two-stage
2- w/o negotiation, w/ dialogue, w/ consecutive negotiation
3- e-reverse auctions, competitive negotiations, single source procurements, 3 types of FA

FA - 1 stage closed, multi-stage closed, open

52
Q

terms n conditions (TnC)

A

‘extra’ part of comtract dealing with risks

53
Q

compeitive (intl) bidding

A

intl/MDB temdering (own regine)

54
Q

merit-based bids

A

decided on merits of applivation (opposite of pass-fail)

55
Q 
Lessor form Regulations
Reg 1370/2007
Reg 3577/92
Reg 3921/91
Reg 1356/96
Reg (Dir?) 2009/81/96
Reg (Dir?) 2007/66/EC
A 
covers PPTS specifically
liberalize maritime services
non-resident carriers
Inland water transport of people
coordination procedures for multi-mode contracts
ditto but for WEPT utilities
56
Q

evidence-based bids

A

stuff you can prove (eco-labels)

57
Q

(price) preferences

A

subsidies/advantage given to local bidders

58
Q

prior review

A

MBD term for monitoring and evaluation

59
Q

alternative procurement arrangement (APA)

A

procurement rules that Bank thinks are good enough (accepts)

60
Q

two envelopment method

A

tech proposal in one, financial proposal in other

61
Q

STEP

A

Systematic Tracking of Exchanges in Procurement

62
Q

call-off contracts

A

little comtracts under frameworks

you dont call-off the call-off comtracts

63
Q

cascade method

A

FA method to select call-offs, list of prices down

64
Q

5 FA models in EU

A

single provider: closed FA, open FA,

multi-provider: direct award, mini-comp, both

65
Q

centralized standardized procurement

A

CBP + FA + eprocure

66
Q

irregularity

A

repay a wrongly gained advantage to EU

67
Q

financial corrections

A

exclude spending from EU repayment

68
Q

Remedies Directives
old
new
utilities

A

PSRD - 89/665/EC (Reagan time)
NEW Remedies Directive - 2007/66/EC
Council Dir - 92/13/EEC - utilities remedies

69
Q

selective economic advantage

A

illegal aid

70
Q

stripper state aid test

A

CA can look, but you cant touch… market

71
Q

Art 106/7 exception/exemption

A

state aid anti-competitive behaviour ok if helps consumers (public interrst)
Everything in the public interest ok ok for PPL

72
Q

art 258/9

A

Bust MS for not implementing Directives

73
Q

art 101/2

A

anti-conputitive ok if in public interest

74
Q

public service COMPENSATION

A

what EU calls subsidies/payments for PSO

Literally compensates flr costs incurred

75
Q

MEIP test

A

Market Economy Investor Principle - does state invetsment equal state aid?

76
Q

public interest benefit

A

amount paid to beneficiaries, not compensation to EOs and private “undertakings”

77
Q

SGEI Decision

A

2012 Decision

led to Framework, which requires PSO notification to Commission

78
Q

purchasing agency versus contracting authority

A

when a buyer represents a budgetary unit?

79
Q

public/private undertaking is to aid

as CE is to utilities

A

x

80
Q

contractor v. supplier

A

one holds contract (EO), other is sub-contractor (supplier)

81
Q

TUPE (Transfer of Undertakings)

A

2006 - Protection of Employment

If move to new MS, must get same terms (cant move me to screw my salary)

82
Q

master contract

A

the thing before the call-offs

83
Q

open/ closed FA

A

closed - all terms extablished

open- some terms set in call-off

84
Q

108-9 vs 101-2

A

state aid v competititon

85
Q

Defence rules include…

A

both DD and arts 346/7 of the TFEU (so like state aid uses TFEU and Transport Reg)
includes an Interpretative Communication

86
Q

horizontial/vertical test

A

To get around legal clasification
Is dept under you really dependent? (or VOULD it operate independently)?
Is other agency common interest?)
Moreoutside resources killer - but piercing go ernment eil thats the issue

87
Q

suitability, capacity and standing

A

technical and financial

88
Q

EDES

A

early detection and exclusion system

89
Q

flexibility

A

joint ownership/operation in project management phase, so similar consensual procedure used for design (like competitive dialogue)

90
Q

information order

A

Prior information notice
contract notice (as in, wanted, not given)
contract AWARD notice (given)
VEAT notice as defence to ineffectiveness- not info requirement in itself

91
Q

procurement documents are the ‘tournament contracts’…

A

and tender/bid is actual response (or reauest for participation if design contest, restricted).

92
Q

reserved contracts

A

for ‘reserved castes’ who are in ‘sheltered employment programmes’ (must be labelled such)

93
Q

design contest

A

whole own regime with rules on jury, etc. Usually services but can be prizes (innovation)

94
Q

social chapter

A

social provisions for unenployed, etc. promulgating horizontal objectives.

95
Q

quote (request for)

A

lower valued procure when dont want full tender docs…only quote for such and such…

96
Q

interlocutory stage/order

A

like interim relief/order. Bedore substantive part

97
Q

utilities PIN called…

A

periodic indicative notice (not prior info notice)

98
Q

Difference between UD transport and Transport Reg?

A

UD - ports, rails stuff and buses (only network)… “network” operations
PSD - coastal and river transport
Transport Reg - PPTS cover road, national seas, (optional inland waterways)…. TR is ‘watery’?

99
Q

eligibility correlito

A

equaltreatment and non-discrimination if get a set of ‘good’ bidders (who can be treated equally/indiscriminately).
Docs about establishing eligibilty - not in bureaucratic requirement

100
Q

EU implements arbitrat and capricious standard through…

A

objectivity and proportionality….(and ET/ND).

101
Q

e-certis and PEPPOL

A

repository of certification requirements for EACH CA in the EU, and thr e-procurement standards

102
Q

transport stuff
bill of lading
waybill
GSA

A

receipt you get on boat (from and to)
the delivery carbon copy telling consignor and consignee
insurance/deposit
Geneneral Services Administration

EU Procurement Law (3 decks)

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