Public Procurement in the Republic of Cyprus By: Theodosis Tsiolas Public Procurement Directorate...

Public Procurement in the Public Procurement in the Republic of CyprusRepublic of Cyprus

By: Theodosis TsiolasBy: Theodosis Tsiolas

Public Procurement Directorate Public Procurement Directorate Treasury of the RepublicTreasury of the Republic

Paris 7 March 2005Paris 7 March 2005 Theodosis Tsiolas - Treasury of the RTheodosis Tsiolas - Treasury of the Republic of Cyprusepublic of Cyprus

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IndexIndex

Transposition of the E.U. Public Transposition of the E.U. Public Procurement DirectivesProcurement Directives

The Public Procurement Competent The Public Procurement Competent Authority Authority

Secondary LegislationSecondary Legislation The Tenders Review AuthorityThe Tenders Review Authority The FutureThe Future


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CYPRUS : Implementation of the CYPRUS : Implementation of the directivesdirectives

Law No. 101/2003Law No. 101/2003 to provide for the award of to provide for the award of public supply contracts, public works contracts and public supply contracts, public works contracts and public service contracts and for other related public service contracts and for other related mattersmatters

Law No. 100/2003Law No. 100/2003 to provide for the award of to provide for the award of public( supply, works and services) of entities public( supply, works and services) of entities operating in the sectors and for other related operating in the sectors and for other related matters; water, energy, transport and matters; water, energy, transport and telecommunications telecommunications


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Law No. 101/2003Law No. 101/2003 to provide for the award of public supply to provide for the award of public supply contracts, public works contracts and public service contracts contracts, public works contracts and public service contracts

and for other related mattersand for other related matters

PART I : PART I : Introductory Provisions Introductory Provisions PART II : PART II : Coord. of procedures for contracts the Coord. of procedures for contracts the

estimated value of which is EQUAL TO OR estimated value of which is EQUAL TO OR EXCEEDS the thresholds as stated in the EXCEEDS the thresholds as stated in the

DirectivesDirectives PART III : Coord. of procedures for contracts the PART III : Coord. of procedures for contracts the

estimated value of which is LESS THAN the estimated value of which is LESS THAN the thresholds as stated in the Directivesthresholds as stated in the Directives

PART IV : Tenders Review Authority PART IV : Tenders Review Authority PART V : Offences PART V : Offences PART VI : Final ProvisionsPART VI : Final Provisions


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Contracts the estimated value of which is less than the Contracts the estimated value of which is less than the thresholds provided in part IIthresholds provided in part IIContracts the estimated value of which is less than the Contracts the estimated value of which is less than the thresholds provided in part IIthresholds provided in part II

1.700-51.000 Euro

More than the EU

values (Part II) 130.000/200.000 SDR

Public supplies and services contracts

5.000.000 SDR

Public works contracts

Simplified

procedures

(i)

(ii)

(iii)

Thresholds Below EU values


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Contracts the estimated value of which is less Contracts the estimated value of which is less than the thresholds provided in part IIthan the thresholds provided in part II

All the rules provided in Part II are totally applicable, All the rules provided in Part II are totally applicable, mutatis mutandis, to Part IIImutatis mutandis, to Part III

Exceptions to the rules of Part II have been provided Exceptions to the rules of Part II have been provided for the contracts the estimated value of which is below for the contracts the estimated value of which is below the EU thresholds and these are stated in part III of the EU thresholds and these are stated in part III of the Law 101/2003 as follows:the Law 101/2003 as follows:

1.1. No obligation for contracting authorities to report to EU No obligation for contracting authorities to report to EU Commission on the status of the tenderCommission on the status of the tender

2.2. No publication notice in the EU GazetteNo publication notice in the EU Gazette3.3. Different time limitsDifferent time limits


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Contracts the estimated value of which is less Contracts the estimated value of which is less than the thresholds provided in part IIthan the thresholds provided in part II

<Simplified procedures> have been <Simplified procedures> have been provided for public contracts the estimated provided for public contracts the estimated value of which, net of VAT, does not exceed value of which, net of VAT, does not exceed 1.700/51.000 Euro 1.700/51.000 Euro

Simplified ProceduresSimplified Procedurespublic contracts the estimated value of public contracts the estimated value of which, net of VAT, does not exceed:which, net of VAT, does not exceed:

1.700 Euro 1.700 Euro

Direct Direct AwardAward

8.500 Euro8.500 Euro

Oral and Oral and written tenders written tenders from a from a restricted restricted number of number of operatorsoperators

51.000 Euro 51.000 Euro

Award without Award without prior contract prior contract noticenotice

Conditions Conditions

Contracts the estimated value of which is less than the Contracts the estimated value of which is less than the thresholds provided in part IIthresholds provided in part II

Contracts the estimated value of which is less than the Contracts the estimated value of which is less than the thresholds provided in part IIthresholds provided in part II


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Competent Authority -1Competent Authority -1

The Public Procurement Directorate of the The Public Procurement Directorate of the Treasury has been assigned the role of the Treasury has been assigned the role of the Competent AuthorityCompetent Authority

Mission of Competent AuthorityMission of Competent Authority StaffingStaffing


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Competent Authority -2Competent Authority -2

Organisational Structure of the Public Organisational Structure of the Public Procurement Directorate of the TreasuryProcurement Directorate of the Treasury

1.1. Monitoring and Control UnitMonitoring and Control Unit

2.2. Policy and Development UnitPolicy and Development Unit


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Monitoring and Control UnitMonitoring and Control Unit

monitor procurement procedures for contracts above the monitor procurement procedures for contracts above the Community thresholds,Community thresholds,

perform on the spot checks at the Contracting Authorities perform on the spot checks at the Contracting Authorities attend the meetings of the Administrative Bodies attend the meetings of the Administrative Bodies

responsible to award contracts, as independent observers, responsible to award contracts, as independent observers, to ensure that the provisions of the Legislation are to ensure that the provisions of the Legislation are followed, followed,

collect statistics, and information on contracts awarded and collect statistics, and information on contracts awarded and submit them to the European Commission,submit them to the European Commission,

maintain a help desk facility providing assistance to the maintain a help desk facility providing assistance to the Contracting Authorities,Contracting Authorities,

perform ex-ante controls for all tenders financed by the perform ex-ante controls for all tenders financed by the Transition Facility, Structural Funds and Cohesion Fund. Transition Facility, Structural Funds and Cohesion Fund.


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Policy and Development UnitPolicy and Development Unit prepare National Legal Framework, fully harmonized with prepare National Legal Framework, fully harmonized with

Community Directives of Public Procurement,Community Directives of Public Procurement, issue circulars concerning the correct procurement procedures, issue circulars concerning the correct procurement procedures,

the European Commissions announcements and the local and the European Commissions announcements and the local and European Courts decision on procurement issues,European Courts decision on procurement issues,

issue best Practice Guides, and standard forms to be used for issue best Practice Guides, and standard forms to be used for the better application of the Provisions of Laws and Regulations,the better application of the Provisions of Laws and Regulations,

Provide training sessions to Contracting Authorities involved in Provide training sessions to Contracting Authorities involved in the public procurement procedures,the public procurement procedures,

approve Regulation for public procurement issued by Bodies approve Regulation for public procurement issued by Bodies governed by public Law and Local Authorities,governed by public Law and Local Authorities,

Represent Cyprus in the relevant European Commission Represent Cyprus in the relevant European Commission Committees on public procurement Committees on public procurement


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Secondary Legislation (Regulations) to Secondary Legislation (Regulations) to Classical LawClassical Law

Necessary for the Implementation of the Classical Necessary for the Implementation of the Classical LawLaw

Applied by the Contracting Authorities belonging to Applied by the Contracting Authorities belonging to the Statethe State

They provide forThey provide for : the bodies responsible for the : the bodies responsible for the award of contracts and the procedures to be award of contracts and the procedures to be followed, including drafting of tender documents followed, including drafting of tender documents up to the award of the contracts.up to the award of the contracts.

Other regulations are applied for C.A. outside the Other regulations are applied for C.A. outside the state including Utilitiesstate including Utilities


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Responsible BodiesResponsible Bodies

Composition of the responsible bodies for Composition of the responsible bodies for the award of contracts which include: the award of contracts which include:

1.1. The Tender BoardsThe Tender Boards

2.2. The Evaluation CommitteesThe Evaluation Committees Observers :Observers :1.1. The Accountant GeneralThe Accountant General

2.2. The Auditor GeneralThe Auditor General

3.3. The Attorney GeneralThe Attorney General


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Award of ContractsAward of Contracts

Thresholds for awarding contracts by Thresholds for awarding contracts by

1.1. The Tender Board – Unlimited Value The Tender Board – Unlimited Value

2.2. The evaluation Committee- Up toThe evaluation Committee- Up to : : (i)(i) 153.900 Euro for public services and public 153.900 Euro for public services and public

supplies contractssupplies contracts

(ii)(ii) 855.000 Euro for public works contracts855.000 Euro for public works contracts

(iii)(iii) 51.300 Euro when the negotiated procedure is 51.300 Euro when the negotiated procedure is usedused


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Powers of Tender Boards and Powers of Tender Boards and Evaluation CommitteesEvaluation Committees

To award a contractTo award a contract To reject any tenders that do not conform to To reject any tenders that do not conform to

the requirement of the technical the requirement of the technical specificationsspecifications

To cancel a tender for specific reasons To cancel a tender for specific reasons mentioned in the Regulationsmentioned in the Regulations


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Transposition of the Remedies directives Transposition of the Remedies directives in Cypriot Legislationin Cypriot Legislation

For Public sector and utilities sectorFor Public sector and utilities sector1.1. Establishment of a Tenders Review Authority, Establishment of a Tenders Review Authority,

with competence in both the public and Utilities with competence in both the public and Utilities sectorsector

2.2. Furthermore : judgement before the Supreme Furthermore : judgement before the Supreme CourtCourt

Only for Utilities sectorOnly for Utilities sector1.1. Attestation, correction mechanism and Attestation, correction mechanism and

conciliationconciliation


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Set Up of the Tenders Review AuthoritySet Up of the Tenders Review Authority

Composition and nominationComposition and nomination Term of serviceTerm of service Full time jobFull time job Statistics Statistics


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Procedure before the Tenders Procedure before the Tenders Review Authority (TRA)Review Authority (TRA)

Any person having or having had an interest Any person having or having had an interest In the time limit established by the lawIn the time limit established by the law May apply for review against any acts taken May apply for review against any acts taken

or decision reached by the Contracting or decision reached by the Contracting AuthorityAuthority

Prior Prior to the conclusion of a public contractto the conclusion of a public contract


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Measures that can be granted by the Measures that can be granted by the TRATRA

Interim measuresInterim measures Set aside the act or the decision Set aside the act or the decision Deletion or amendment of discriminatory Deletion or amendment of discriminatory

specificationsspecifications Cost and fineCost and fine


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The FutureThe Future

Two new pieces of legislation to transpose Two new pieces of legislation to transpose Directives 2004/17/EC and 2004/18/EC by Directives 2004/17/EC and 2004/18/EC by December 2005December 2005

Revised secondary Legislation by December Revised secondary Legislation by December 2005 to support the introduction of :2005 to support the introduction of :

1.1. Central Purchasing BodiesCentral Purchasing Bodies

2.2. Framework AgreementsFramework Agreements Introduction of e-procurement by 2008Introduction of e-procurement by 2008

Public Procurement in the Republic of Cyprus By: Theodosis Tsiolas Public Procurement Directorate...

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