search

open-contracting-extensions / european-union

OCDS for the European Union
http://standard.open-contracting.org/profiles/eu/latest/en/
Apache License 2.0
9 stars 0 forks source link

Concession notice: procurementMethod #46

Closed jpmckinney closed 4 years ago

jpmckinney commented 5 years ago

My reading of 2014/23/EU is that both open and selective procurement methods can be used for concessions, but F23 doesn't indicate which of the two is used, so there will be no mapping to tender.procurementMethod.

@ColinMaudry: Is that your assessment as well?

jpmckinney commented 4 years ago

@JachymHercher

JachymHercher commented 4 years ago

It's slightly more complicated.

In TED eForms, in principle, things should work the same. However, there might be an error in the current set-up: Procedure Type (BT-105) is not present in the concession directive's CANs, while there is a conditionally mandatory Direct Award Justification Code (BT-136) which doesn't have a value of "no justification needed". ~So users cannot mark whether their procedure was direct or not, and thus it is not clear when the justification must be submitted. For the set-up to work, either (preferably) BT-105 would need to be present, or BT-136 would need to contain the code.~

UPDATE (2021-07-01): The need for the justification may be derived from the fact of the CAN either being the first notice for the given procedure ID (then it is a direct award) or not (then it is not a direct award).

jpmckinney commented 4 years ago
  • The TED 2.0.9 forms only ask to differentiate direct from the others. Since a direct award doesn't have a contract notice by definition, this can only be done in a contract award notice (CAN), i.e. F23 (when used as a CAN) and F25. So, in these forms, field IV.1.1 can be mapped to tender.procurementMethod. In F24, there is nothing.

In F23, there's a radio button for "Award procedure with prior publication of a concession notice", which, as I understand, can't be mapped to tender.procurementMethod, because we don't know if it's open or selective. Is that correct?

My understanding of award procedures without prior publication is that they can be either 'limited' or 'direct' (direct just being a special case of limited, where a single economic operator is invited to bid). Is that correct?

JachymHercher commented 4 years ago

Yes on both accounts, with the addition that in the first case, we do not know whether it is open, select, or limited. (For the second question, my qualified guess would be that direct is far often the case, but both are possible.)

In any case, you are right that it is not possible to map from the notices to tender.procurementMethod. Mapping in the other direction is possible though, with the exception of limited. (But I guess we are not discussing the other direction here, right?)

The information about "with/without prior publication" is presumably not lost, because "with prior publication" means a previous release within the same process was published, correct?

jpmckinney commented 4 years ago

Yes, that's right. And for now we're only interested in the TED to OCDS direction. So, for tender.procurementMethod, the current mapping is correct: https://standard.open-contracting.org/profiles/eu/master/en/forms/F23/#IV.1.1