Vocab Flashcards
public contract
are contracts which get procured
confidentiality ring
group shares info with each other - MAD if reveal
contracting entity
Utilities CA
candidate (applicant)
pre-tenderer
Thresholds
goods/services: €144k (€170k GPA)
works: €5.5m (€6.5m GPA)
purchase v procurement
Purchase is small stuff/low value
Procurement is whole riggamarole
public supply contracts thresholds
GS: €207k
W: €5.2m
public undertaking
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
3000s Regs
about transpoer liberalizartion
principle of organizational and procedural authonomy
doesnt matter if technically govt - are you arms-length from CA? (if yes, need tender)
ESPD
establishes “pre-qualification”
like all reqs ‘on-file
admissible tender - conforming
responsive
not irregular, unacceptable, unsuitable
how well responds to reqs - NOT IF EO ANSWERS EMAILS AND ANSWERS THE PHONE
tariff
price paid for public good, subsidized service (rail, bus, etc.). Not trade tax
internal operator
direct award ineligible for other tenders
Reg 1370/2007
PPTS specifically
Basically extra part of Transport Directive
WEPT
water
energy
postal
transport
special/exclusive rights
given to PSC contractors to achieve PSO
special operational units SOU
units with these special rights
public interest tasks - PITs
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
principally intended test -
contract under authority of which Directive (PSD, UD, RD, etc), based on LtSM
economic group
group of orgs who are part of CE’s (contracting entity) business (like integrated entity)
affiliated undertaking
entity shose financial statements include CE (or CE includes them in its books)
qualification system
used by utilities to pre-qualify potential bidders (the list of approved suppliers - get confirm in 6 months)
concessionaire
EO winning concession competition
(defence) offset
requirement/request foreign supplier sells non-defence related GSW
sensitive equipment
used by law enforcement and other quasi-military orgs
date first Regs
about transport coordination
claim
“objection” filed by EO
becomes claimant/respondent, petitioner b/c of petition, if GC, appellant, appelle
“reverse” auction
bc price down, and lowest wins
Guidance
as part of reg (soft law)
solicitation docs
what CA/PE gives to EO, not visa-versa
offset
domestic content requirement
solicitation
GPA name for tendering
quotation
as in request for, GPA for bid
‘government’ procurement
piblic procurement in GPA parlance
procuring entity(PE) ***
GPA parlance for CA
summary notice
little announce in 3 languages so other MS EOs can participate
selective tendering
pre-qualification (ie restricted procedure)
limited tendering
closed procedure
excluded entities
exempt from PPL
special and differential (S n D) flexibility
2 elements for LDCs
1- get special access
2- give local preferences (threshold protection)
offsets
foreigners can win- but must have x% locally made/bought/employed
threshold protection
giving protectionto locals by making higher values applicable to PPL
BAFO
best and final offer
US Federal Acquisition Regulation
US PSD
advance notice publication
notice about direct solicitation
catalogue contracts
FA
IDIQ
Indefinite delivery, indefinite quantity = FA
multiple award schedules
US DPP
rated-type criteria
get extra credit for going above min.
Model Laws 13 PP types
1- tendering based
2- request for proposals
3- request for quotes
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
terms n conditions (TnC)
‘extra’ part of comtract dealing with risks
compeitive (intl) bidding
intl/MDB temdering (own regine)
merit-based bids
decided on merits of applivation (opposite of pass-fail)
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
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
evidence-based bids
stuff you can prove (eco-labels)
(price) preferences
subsidies/advantage given to local bidders
prior review
MBD term for monitoring and evaluation
alternative procurement arrangement (APA)
procurement rules that Bank thinks are good enough (accepts)
two envelopment method
tech proposal in one, financial proposal in other
STEP
Systematic Tracking of Exchanges in Procurement
call-off contracts
little comtracts under frameworks
you dont call-off the call-off comtracts
cascade method
FA method to select call-offs, list of prices down
5 FA models in EU
single provider: closed FA, open FA,
multi-provider: direct award, mini-comp, both
centralized standardized procurement
CBP + FA + eprocure
irregularity
repay a wrongly gained advantage to EU
financial corrections
exclude spending from EU repayment
Remedies Directives
old
new
utilities
PSRD - 89/665/EC (Reagan time)
NEW Remedies Directive - 2007/66/EC
Council Dir - 92/13/EEC - utilities remedies
selective economic advantage
illegal aid
stripper state aid test
CA can look, but you cant touch… market
Art 106/7 exception/exemption
state aid anti-competitive behaviour ok if helps consumers (public interrst)
Everything in the public interest ok ok for PPL
art 258/9
Bust MS for not implementing Directives
art 101/2
anti-conputitive ok if in public interest
public service COMPENSATION
what EU calls subsidies/payments for PSO
Literally compensates flr costs incurred
MEIP test
Market Economy Investor Principle - does state invetsment equal state aid?
public interest benefit
amount paid to beneficiaries, not compensation to EOs and private “undertakings”
SGEI Decision
2012 Decision
led to Framework, which requires PSO notification to Commission
purchasing agency versus contracting authority
when a buyer represents a budgetary unit?
public/private undertaking is to aid
as CE is to utilities
x
contractor v. supplier
one holds contract (EO), other is sub-contractor (supplier)
TUPE (Transfer of Undertakings)
2006 - Protection of Employment
If move to new MS, must get same terms (cant move me to screw my salary)
master contract
the thing before the call-offs
open/ closed FA
closed - all terms extablished
open- some terms set in call-off
108-9 vs 101-2
state aid v competititon
Defence rules include…
both DD and arts 346/7 of the TFEU (so like state aid uses TFEU and Transport Reg)
includes an Interpretative Communication
horizontial/vertical test
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
suitability, capacity and standing
technical and financial
EDES
early detection and exclusion system
flexibility
joint ownership/operation in project management phase, so similar consensual procedure used for design (like competitive dialogue)
information order
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
procurement documents are the ‘tournament contracts’…
and tender/bid is actual response (or reauest for participation if design contest, restricted).
reserved contracts
for ‘reserved castes’ who are in ‘sheltered employment programmes’ (must be labelled such)
design contest
whole own regime with rules on jury, etc. Usually services but can be prizes (innovation)
social chapter
social provisions for unenployed, etc. promulgating horizontal objectives.
quote (request for)
lower valued procure when dont want full tender docs…only quote for such and such…
interlocutory stage/order
like interim relief/order. Bedore substantive part
utilities PIN called…
periodic indicative notice (not prior info notice)
Difference between UD transport and Transport Reg?
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’?
eligibility correlito
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
EU implements arbitrat and capricious standard through…
objectivity and proportionality….(and ET/ND).
e-certis and PEPPOL
repository of certification requirements for EACH CA in the EU, and thr e-procurement standards
transport stuff
bill of lading
waybill
GSA
receipt you get on boat (from and to)
the delivery carbon copy telling consignor and consignee
insurance/deposit
Geneneral Services Administration
