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

2. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus2 Index  Transposition of the E.U. Public Procurement Directives  The Public Procurement Competent Authority  Secondary Legislation  The Tenders Review Authority  The Future

3. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus3 CYPRUS : Implementation of the directives  Law No. 101/2003 to provide for the award of public supply contracts, public works contracts and public service contracts and for other related matters  Law No. 100/2003 to provide for the award of public( supply, works and services) of entities operating in the sectors and for other related matters; water, energy, transport and telecommunications

4. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus4 Law No. 101/2003 to provide for the award of public supply contracts, public works contracts and public service contracts and for other related matters  PART I : Introductory Provisions  PART II : Coord. of procedures for contracts the estimated value of which is EQUAL TO OR EXCEEDS the thresholds as stated in the Directives  PART III : Coord. of procedures for contracts the estimated value of which is LESS THAN the thresholds as stated in the Directives  PART IV : Tenders Review Authority  PART V : Offences  PART VI : Final Provisions

5. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus5 Contracts the estimated value of which is less than the thresholds 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

6. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus6 Contracts the estimated value of which is less than the thresholds provided in part II  All the rules provided in Part II are totally applicable, mutatis mutandis, to Part III  Exceptions to the rules of Part II have been provided for the contracts the estimated value of which is below the EU thresholds and these are stated in part III of the Law 101/2003 as follows: 1.No obligation for contracting authorities to report to EU Commission on the status of the tender 2.No publication notice in the EU Gazette 3.Different time limits

7. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus7 Contracts the estimated value of which is less than the thresholds provided in part II  have been provided for public contracts the estimated value of which, net of VAT, does not exceed 1.700/51.000 Euro

8. Simplified Procedures public contracts the estimated value of which, net of VAT, does not exceed: 1.700 Euro Direct Award 8.500 Euro Oral and written tenders from a restricted number of operators 51.000 Euro Award without prior contract notice Conditions Contracts the estimated value of which is less than the thresholds provided in part II

9. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus9 Competent Authority -1  The Public Procurement Directorate of the Treasury has been assigned the role of the Competent Authority  Mission of Competent Authority  Staffing

10. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus10 Competent Authority -2  Organisational Structure of the Public Procurement Directorate of the Treasury 1.Monitoring and Control Unit 2.Policy and Development Unit

11. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus11 Monitoring and Control Unit  monitor procurement procedures for contracts above the Community thresholds,  perform on the spot checks at the Contracting Authorities  attend the meetings of the Administrative Bodies responsible to award contracts, as independent observers, to ensure that the provisions of the Legislation are followed,  collect statistics, and information on contracts awarded and submit them to the European Commission,  maintain a help desk facility providing assistance to the Contracting Authorities,  perform ex-ante controls for all tenders financed by the Transition Facility, Structural Funds and Cohesion Fund.

12. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus12 Policy and Development Unit  prepare National Legal Framework, fully harmonized with Community Directives of Public Procurement,  issue circulars concerning the correct procurement procedures, the European Commissions announcements and the local and European Courts decision on procurement issues,  issue best Practice Guides, and standard forms to be used for the better application of the Provisions of Laws and Regulations,  Provide training sessions to Contracting Authorities involved in the public procurement procedures,  approve Regulation for public procurement issued by Bodies governed by public Law and Local Authorities,  Represent Cyprus in the relevant European Commission Committees on public procurement

13. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus13 Secondary Legislation (Regulations) to Classical Law  Necessary for the Implementation of the Classical Law  Applied by the Contracting Authorities belonging to the State  They provide for : the bodies responsible for the award of contracts and the procedures to be followed, including drafting of tender documents up to the award of the contracts.  Other regulations are applied for C.A. outside the state including Utilities

14. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus14 Responsible Bodies  Composition of the responsible bodies for the award of contracts which include: 1.The Tender Boards 2.The Evaluation Committees  Observers : 1.The Accountant General 2.The Auditor General 3.The Attorney General

15. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus15 Award of Contracts  Thresholds for awarding contracts by 1.The Tender Board – Unlimited Value 2.The evaluation Committee- Up to : (i)153.900 Euro for public services and public supplies contracts (ii)855.000 Euro for public works contracts (iii)51.300 Euro when the negotiated procedure is used

16. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus16 Powers of Tender Boards and Evaluation Committees  To award a contract  To reject any tenders that do not conform to the requirement of the technical specifications  To cancel a tender for specific reasons mentioned in the Regulations

17. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus17 Transposition of the Remedies directives in Cypriot Legislation For Public sector and utilities sector For Public sector and utilities sector 1. Establishment of a Tenders Review Authority, with competence in both the public and Utilities sector 2.Furthermore : judgement before the Supreme Court Only for Utilities sector Only for Utilities sector 1.Attestation, correction mechanism and conciliation

18. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus18 Set Up of the Tenders Review Authority  Composition and nomination  Term of service  Full time job  Statistics

19. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus19 Procedure before the Tenders Review Authority (TRA)  Any person having or having had an interest  In the time limit established by the law  May apply for review against any acts taken or decision reached by the Contracting Authority  Prior to the conclusion of a public contract

20. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus20 Measures that can be granted by the TRA  Interim measures  Set aside the act or the decision  Deletion or amendment of discriminatory specifications  Cost and fine

21. Paris 7 March 2005 Theodosis Tsiolas - Treasury of the Republic of Cyprus21 The Future  Two new pieces of legislation to transpose Directives 2004/17/EC and 2004/18/EC by December 2005  Revised secondary Legislation by December 2005 to support the introduction of : 1.Central Purchasing Bodies 2.Framework Agreements  Introduction of e-procurement by 2008