When making purchases under the project, the IRAP Unit is obliged, in particular, to maintain fair competition and equal treatment of bidders in the procurement procedures, in accordance with the Public Procurement Law – if its application is required – or the principle of competitiveness or market research, as defined in the Guidelines on the eligibility of expenditures under the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the years 2014-2020 and the Cost Eligibility Guide for Measure 4.3 of the Smart Growth Operational Programme.
A contract is a payable agreement concluded between an ordering party and a contractor, the object of which is the purchase of works, supplies or services by the ordering party from a selected contractor.
The IRAP unit should carry out purchases under the project on the basis of adopted procurement regulations. The regulations should in particular refer to the principles followed by the unit when estimating the contract value. It should also define the rules for making purchases with the estimated value below PLN 130,000.00, i.e. below the thresholds of the Public Procurement Law. The provisions of the procurement regulations should be consistent with the provisions of the grant agreement, i.e. ensure that expenditures are incurred in a transparent, efficient and rational manner as well as in a manner that ensures transparency and preservation of fair competition and equal treatment of contractors.
The IRAP unit obliged to apply the provisions of the Public Procurement Law, when estimating the value of the contract for the project, should take into account in total all the expected procurements for the given fiscal year within the unit and all the expected procurements under the projects in the entire period of their implementation. If the value of the contract estimated in this way is lower than PLN 130,000 net, it is aggregated at the level of a given project to verify whether the contract is subject to the principle of competitiveness or market research.
Contracts with an estimated value exceeding PLN 50,000 net, but not exceeding the threshold for a classic contract specified in the Public Procurement Law, i.e. below PLN 130,000 net, are awarded by IRAP units under the competitiveness procedure.
In order to meet the competitive principle, you must:
- Publishing the request for proposals in the competitiveness database in accordance with the conditions laid down in Chapter 6.5.2 of the Guidelines on the eligibility of expenditures under the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the years 2014-2020.
- Select the most competitive tender in accordance with the contract description, submitted by a contractor in accordance with the conditions for participation in the proceedings, based on the evaluation criteria for requesting a quote. Tender selection shall be documented in a protocol of the procurement procedure.
In case of the Grantee, who is the contracting authority within the meaning of Public Procurement Law, the competitiveness principle is deemed to be fulfilled if the contract award procedure is carried out according to the rules and procedures defined in Public Procurement Law.
Detailed rules for the implementation of the market research procedure are included in the Guidelines for the eligibility of costs under the ERDF, ESF, CF for 2014-2020.
The market research procedure is required for contracts from PLN 20,000 net up to and including PLN 50,000 net. The procedure aims to confirm that a particular service, supply or construction work was performed at market price.
Proper documentation of the market research procedure shall include the price/price list analysis performed on potential contractors for the contract and the price lists analysed. Price lists can be obtained:
- from contractors’ websites or
- by publishing a description of the subject matter of the contract together with the request for quotation on the entity’s website or
- sending requests for quotation along with a description of the subject matter of the contract to potential contractors
Detailed rules for the implementation of the market research procedure are included in the Guidelines for the eligibility of costs under the ERDF, ESF, CF for 2014-2020.
The IRAP unit should carry out purchases under the project on the basis of adopted procurement regulations. The regulations should in particular refer to the principles followed by the unit when estimating the contract value. It should also define the rules for making purchases with the estimated value below PLN 130,000.00, i.e. below the thresholds of the Public Procurement Law. The provisions of the procurement regulations should be consistent with the provisions of the grant agreement, i.e. ensure that expenditures are incurred in a transparent, efficient and rational manner as well as in a manner that ensures transparency and preservation of fair competition and equal treatment of contractors.
The IRAP unit obliged to apply the provisions of the Public Procurement Law, when estimating the value of the contract for the project, should take into account in total all the expected procurements for the given fiscal year within the unit and all the expected procurements under the projects in the entire period of their implementation. If the value of the contract estimated in this way is lower than PLN 130,000 net, it is aggregated at the level of a given project to verify whether the contract is subject to the principle of competitiveness or market research.
Contracts with an estimated value exceeding PLN 50,000 net, but not exceeding the threshold for a classic contract specified in the Public Procurement Law, i.e. below PLN 130,000 net, are awarded by IRAP units under the competitiveness procedure.
In order to meet the competitive principle, you must:
- Publishing the request for proposals in the competitiveness database in accordance with the conditions laid down in Chapter 6.5.2 of the Guidelines on the eligibility of expenditures under the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the years 2014-2020.
- Select the most competitive tender in accordance with the contract description, submitted by a contractor in accordance with the conditions for participation in the proceedings, based on the evaluation criteria for requesting a quote. Tender selection shall be documented in a protocol of the procurement procedure.
In case of the Grantee, who is the contracting authority within the meaning of Public Procurement Law, the competitiveness principle is deemed to be fulfilled if the contract award procedure is carried out according to the rules and procedures defined in Public Procurement Law.
Detailed rules for the implementation of the market research procedure are included in the Guidelines for the eligibility of costs under the ERDF, ESF, CF for 2014-2020.
The market research procedure is required for contracts from PLN 20,000 net up to and including PLN 50,000 net. The procedure aims to confirm that a particular service, supply or construction work was performed at market price.
Proper documentation of the market research procedure shall include the price/price list analysis performed on potential contractors for the contract and the price lists analysed. Price lists can be obtained:
- from contractors’ websites or
- by publishing a description of the subject matter of the contract together with the request for quotation on the entity’s website or
- sending requests for quotation along with a description of the subject matter of the contract to potential contractors
Detailed rules for the implementation of the market research procedure are included in the Guidelines for the eligibility of costs under the ERDF, ESF, CF for 2014-2020.
