Negotiation of ProposalsNegotiation of Proposals

Dr. Evangelos OuzounisDr. Evangelos Ouzounis Directorate CDirectorate C

DG Information SocietyDG Information SocietyEuropean CommissionEuropean Commission

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Framework for negotiationFramework for negotiation

is sent – together with invitation for negotiation is based on

Evaluation Summary Report Evaluation Report / Implementation Plan - strategic

considerations

specifies and includes required changes arising from the evaluation process indicative budget and funding/ max. Community

contribution timeframe for negotiation duration of the project

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Scope of negotiationsScope of negotiations Negotiation covers reaching an agreement on scientific, legal

and financial aspects scientific = - workplan, including objectives &

milestones, deliverables- clustering - European Research Area- ...

legal = - contract options- eligibility issues- special clauses

financial = - costs/budget; lfv checking- pre-financing- timing of audit certificates

the collection/verification of administrative/ financial information and clarifying contractual issues

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Scope of technical negotiationsScope of technical negotiations

adapt initial proposal to the recommendations of the evaluation.

finalise the workplan of the project.

for NoE/IP: detailed the workplan for the first 18 months; outline plan for the complete duration of the project

for the other instruments: detailed work plan for the complete duration of the project.

define in detail the work to be carried out by each of the participants.

agree on the list of deliverables (timing, content, efforts).

agree on the milestones, establish reporting periods and the assessment criteria for measuring results and progress against milestones.

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Scope of financial/legal/admin negotiationScope of financial/legal/admin negotiation determine the total costs, the total eligible costs, EC

Community financial contribution. establish the pre-financing. confirm the management capacity of co-ordinator. remind the consortium of the consortium agreement. establish the time period by which the accession

process needs to be completed. establish the timing for the required ‘reports’ and

“audit certificates”. identify any special clauses that need to be inserted.

assess the financial viability of the co-ordinator and any other contractor, if necessary.

collect and review the legal status of each contractor.

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Negotiation conditionsNegotiation conditions Negotiations should be conducted in respect of the

proposal that is submitted

Negotiations should be completed within the given timeframe

Good housekeeping demands

(i) each negotiation step recorded properly

(ii) clear and timely communication is ensured

(iii) proper follow-up in respect of deadlines by the Commission

(iv) management is informed of progress/difficulties encountered

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Role of PORole of PO

Role of the Project Officer

single interface with proposers, may lead a negotiation team (leading PO must be statutory agent);

plans and conducts negotiations; writes up ‘negotiation framework’ ensures that proper records are kept; ensures that negotiations are completed in time

In team: ensures appropriate involvement of supporting POs

Supporting POs: to agree to final Annex 1

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Role of proposal co-ordinatorRole of proposal co-ordinator

Proposal co-ordinator

leads negotiation on the proposers’ side; ensures consortium is informed/in agreement with

decisions taken; ensures proper consortium representation at

negotiations meeting(s).

at contracting stage

ensures accession of other contractors within contractual timeframe;

will normally become project co-ordinator

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Scheme of negotiation processScheme of negotiation process

Commission Consortium

1st Negotiation meeting

invitation11

Clarification of financial/adminis-trative rules

Clarification of how evaluation comments have been taken on board

22draft CPFs/Annex 1

33 meeting record

44final signed! CPFs/Annex 1

55 contract offer

66Signature/accession

2nd Negotiation meeting (if necessary)

Agreement technical issues

Validation of legal entities + financial checks

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Scheme of Negotiation & Selection DecisionScheme of Negotiation & Selection Decision

Draft Implementation

Plan

GIR / ISTC

Invitation for negotiation

Final Implementation

Plan

Consultation ISTC

+ Commission

Selection Decision

Additional invitations for negotiation ?

Negotiation end

Contract signature

Specific Commitment

Batches

Negotiation meeting (s)

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Internal ProcedureInternal Procedure

NEGOTIATIONS CPFs & Support Documents Other Contractual Conditions Description of Work (Annex 1)

Negotiation ReportDossier

Director approval

ISTC opinion

Commission Decision

Financial Commitment

Contract signature

Payment of Pre-financing

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Background documentsBackground documents

Negotiation Guidance Notes for co-ordinators of <instrument>, including Contract Preparation Forms

Financial Guidelines for Indirect Actions of FP 6

Model contract and its annexes

Consortium Agreement checklist

Framework Programme Decision, Specific Programme Decision, Rules for Participation