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Potential applicants will be able to find below answers to some of the questions frequently addressed to the JTS concerning the first calls for proposals for ordinary project. While JTS do their utmost to avoid any errors or omissions, the answers given below are for general guidance, and are not to be considered as legally binding. For this reason the reader is encouraged to consult the source documents when these are referred to.


Question 11.1. Which procedures must the final Beneficiaries follow for the award of service, supply and work contracts?

According to Article 121 of Regulation (EC) n. 718/2007 Final Beneficiaries from Member States as well as from Candidate/Potential Candidate Countries have to follow the procurement procedures for the award of service, supplies and works contract foreseen by the "EU External aid rules".
Additional information on procurement rules may be found in the section "Implementation documents" of the Programme website.
The External aid rules guidelines (PRAG) can be even downloaded from the following website:

Question 11.2. Can a partner participate in procurement for the implementation of the project?

No, it cannot. A partner cannot act as an external provider (contractor or sub-contractor or agent or intermediate) of other Final Beneficiaries of the same project. As stated in the Partnership Agreement, all project partners are final Beneficiaries of the Programme funds and must have an active role in the project.

Question 11.3. What is the difference between a service provider and a partner of a project?

A service provider is the contractor in a procurement contract, obliged to ensure the results required by the (procurement) contract which provides counterpointed duties for both contracting parties (contracting administration and contractor).
A partner of a project (Final Beneficiary) is instead one member of a Partnership Agreement which actually is a temporary consortium where partners are not obliged to counterpointed duties among them for ensuring project results but where all together are, with similar rights and duties, in charge of carrying out project activities with the aim to obtain common benefits.

Question 11.4. Is there a budgetary limit for contracting external providers?

In the implementation of the project, Final Beneficiaries are free to pursue project activities themselves or to assign them to external providers (services, supplies or works). Even though the Programme has not established a ceiling for contracting to external providers, only a limited portion of the Project activities may be contracted to third parties (providers), since Final Beneficiaries shall not act as mere intermediaries.
For instance, as far as concerns the external expertise budget category, according to the Programme Management and Control Manual, these expenses are acceptable if within the partnership there are not the necessary competences to carry out the related activities. The added value of this kind of service must be clearly proved as external expertise costs may change the nature of the partnership essential purpose

Question 11.5. Can a contracting authority undertake the procurement process in-house?

In the implementation of the project, Beneficiaries are free to pursue project activities themselves or through a controlled body in an "inter-organic" relationship. Stated this, Final Beneficiary may assign to its controlled body a limited portion of the action, thus the bulk of the project activities must be undertaken by the final beneficiary internal organization (personnel directly employed).
Specifications as regards the in-house providing procedure are given in section 4.2.1 of the Programme Management and Control Manual.


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