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EU Procurement Law > Vocab > Flashcards

Vocab Flashcards

(102 cards)

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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
(defence) offset
requirement/request foreign supplier sells non-defence related GSW
25
sensitive equipment
used by law enforcement and other quasi-military orgs
27
date first Regs
about transport coordination
28
claim
"objection" filed by EO | becomes claimant/respondent, petitioner b/c of petition, if GC, appellant, appelle
29
"reverse" auction
bc price down, and lowest wins
30
Guidance
as part of reg (soft law)
31
solicitation docs
what CA/PE gives to EO, not visa-versa
32
offset
domestic content requirement
33
solicitation
GPA name for tendering
34
quotation
as in request for, GPA for bid
35
'government' procurement
piblic procurement in GPA parlance
36
procuring entity(PE) ***
GPA parlance for CA
37
summary notice
little announce in 3 languages so other MS EOs can participate
38
selective tendering
pre-qualification (ie restricted procedure)
39
limited tendering
closed procedure
40
excluded entities
exempt from PPL
41
special and differential (S n D) flexibility
2 elements for LDCs 1- get special access 2- give local preferences (threshold protection)
42
offsets
foreigners can win- but must have x% locally made/bought/employed
43
threshold protection
giving protectionto locals by making higher values applicable to PPL
44
BAFO
best and final offer
45
US Federal Acquisition Regulation
US PSD
46
advance notice publication
notice about direct solicitation
47
catalogue contracts
FA
48
IDIQ
Indefinite delivery, indefinite quantity = FA
49
multiple award schedules
US DPP
50
rated-type criteria
get extra credit for going above min.
51
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
52
terms n conditions (TnC)
'extra' part of comtract dealing with risks
53
compeitive (intl) bidding
intl/MDB temdering (own regine)
54
merit-based bids
decided on merits of applivation (opposite of pass-fail)
55
``` 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 ```
56
evidence-based bids
stuff you can prove (eco-labels)
57
(price) preferences
subsidies/advantage given to local bidders
58
prior review
MBD term for monitoring and evaluation
59
alternative procurement arrangement (APA)
procurement rules that Bank thinks are good enough (accepts)
60
two envelopment method
tech proposal in one, financial proposal in other
61
STEP
Systematic Tracking of Exchanges in Procurement
62
call-off contracts
little comtracts under frameworks | you dont call-off the call-off comtracts
63
cascade method
FA method to select call-offs, list of prices down
64
5 FA models in EU
single provider: closed FA, open FA, | multi-provider: direct award, mini-comp, both
65
centralized standardized procurement
CBP + FA + eprocure
66
irregularity
repay a wrongly gained advantage to EU
67
financial corrections
exclude spending from EU repayment
68
Remedies Directives old new utilities
PSRD - 89/665/EC (Reagan time) NEW Remedies Directive - 2007/66/EC Council Dir - 92/13/EEC - utilities remedies
69
selective economic advantage
illegal aid
70
stripper state aid test
CA can look, but you cant touch... market
71
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
72
art 258/9
Bust MS for not implementing Directives
73
art 101/2
anti-conputitive ok if in public interest
74
public service COMPENSATION
what EU calls subsidies/payments for PSO | Literally compensates flr costs incurred
75
MEIP test
Market Economy Investor Principle - does state invetsment equal state aid?
76
public interest benefit
amount paid to beneficiaries, not compensation to EOs and private "undertakings"
77
SGEI Decision
2012 Decision | led to Framework, which requires PSO notification to Commission
78
purchasing agency versus contracting authority
when a buyer represents a budgetary unit?
79
public/private undertaking is to aid | as CE is to utilities
x
80
contractor v. supplier
one holds contract (EO), other is sub-contractor (supplier)
81
TUPE (Transfer of Undertakings)
2006 - Protection of Employment | If move to new MS, must get same terms (cant move me to screw my salary)
82
master contract
the thing before the call-offs
83
open/ closed FA
closed - all terms extablished | open- some terms set in call-off
84
108-9 vs 101-2
state aid v competititon
85
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
86
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
87
suitability, capacity and standing
technical and financial
88
EDES
early detection and exclusion system
89
flexibility
joint ownership/operation in project management phase, so similar consensual procedure used for design (like competitive dialogue)
90
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
91
procurement documents are the 'tournament contracts'...
and tender/bid is actual response (or reauest for participation if design contest, restricted).
92
reserved contracts
for 'reserved castes' who are in 'sheltered employment programmes' (must be labelled such)
93
design contest
whole own regime with rules on jury, etc. Usually services but can be prizes (innovation)
94
social chapter
social provisions for unenployed, etc. promulgating horizontal objectives.
95
quote (request for)
lower valued procure when dont want full tender docs...only quote for such and such...
96
interlocutory stage/order
like interim relief/order. Bedore substantive part
97
utilities PIN called...
periodic indicative notice (not prior info notice)
98
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'?
99
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
100
EU implements arbitrat and capricious standard through...
objectivity and proportionality....(and ET/ND).
101
e-certis and PEPPOL
repository of certification requirements for EACH CA in the EU, and thr e-procurement standards
102
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

EU Procurement Law (3 decks)

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