2.5.2 What are the possible Procurement Procedures?

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The EU public sector Directives permit four tendering procedures when the contract value is above EU thresholds and guidance on the appropriate approach to procedures for contracts below the EU thresholds. According to the legislation, contracting authorities shall apply the open procedure and the restricted procedure when awarding public contracts. Only under specific circumstances, defined by the law, can the negotiated procedure and the competitive dialogue be used. For low-value procurement, simplified procedures are available.

Each of these procedures is outlined in this section and further details are addressed in:

Chapter 3 for the Open, Restricted and Simplified Procedures
Chapter 5 for the Negotiated Procedure and the Competitive Dialogue

For each concrete procurement exercise, the selection of the appropriate procedure shall be based on a careful analysis of the circumstances.

To select the procedure the contracting authority needs to evaluate three basic questions.

Is the value of the contract above or below EU thresholds?
Is the envisaged procedure permitted in the respective case? The negotiated and the competitive dialogue procedures may only be used in specific cases as clearly defined in Laws 11(I)/2006 and 12(I)/2006.
Is the envisaged procedure proper from a procurement management perspective? Especially the expected contract value, time considerations and the potential of the marketplace.

The following checklist can be used to assist in the selection of the correct procedure.

 

Checklist 2-5: Choosing the correct Procurement Procedure

Consideration

Yes

No

Is the Value of the Contract above EU Thresholds?

Open, Restricted, Negotiated or Competitive Dialogue Procedure applies

Open, Restricted or Negotiated Procedure applies. If the value of the contract is below 50.000,00 Euro, in addition to the Open, Restricted or Negotiated Procedure the Simplified Procedure may also apply.

Do you wish to limit the number of tenders received?

The Restricted Procedure may be more appropriate

The Open Procedure may be more appropriate

Are there a large number of potential suppliers?

The Restricted Procedure may be more appropriate

The Open Procedure may be more appropriate

Do you wish to save time in the evaluation of a large number of technical bids?

The Restricted Procedure may be more appropriate

The Open Procedure may be more appropriate

Does the requirement permit overall pricing?

The open or restricted procedure may be used

The negotiated pro­cedure may be used

Is it possible to specify requirements for the service or goods with precision to allow bidders to tender?

The open or restricted procedure may be used

The negotia­­ted pro­cedure may be used

Is the requirement complex and needs to be clarified and developed?

The Competitive Dialogue Procedure may apply

The Open, Restricted or Negotiated Procedures may apply.


© 2007 Republic of Cyprus, Treasury of the Republic, Public Procurement Directorate
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