Eligibility rules, Financial control, Procurement

Transcription

1 Eligibility rules, Financial control, Procurement Get started! seminar Munich Germany 2 February 2016 Christina Bauer Magdalena Friedwagner-Maislinger Wolfgang Schrattenecker Managing authority Thi s p r og r am m e is co- f i nanced by t he E ur op ean R eg i onal D ev el op m ent F und.

2 Fact sheet 1.4 What can be co-financed? The programmes eligibility rules Thi s p r og r am m e is co- f i nanced by t he E ur op ean R eg i onal D ev el op m ent F und.

3 Structure General principles of eligibility Detailed rules concerning the budget lines Staff costs Office and administration expenditure Travel and accommodation costs External expertise and services costs Equipment expenditure Ineligible expenses 3

4 General principles of eligibility The expenditure shall be essential for the implementation and additional => project reference in contracts and invoices Double financing shall be excluded. => invalidation of invoices Any revenues generated by project activities must be deducted. => recommendation: avoid revenues The expenditure must comply with the principles of efficiency, economy and effectiveness. => documentation of selection and contracting procedure Only expenses incurred on the level of the respective project partner are eligible. => invoices shall be addressed to the PP Real costs principle shall be observed (except for specific cases). => cash flow Expenses related to contracts between project partners cannot be co-funded. => don t contract your PP or any institution connected with your PP 4

5 General principles of eligibility Expenses of organisations contracted via in-house procurement shall be based on verified actual and eligible costs without any additional fees charged => contracted organisation shall follow the same rules as the PP When applicable, the relevant public procurement procedures need to be observed. => ensure the compliance with national and EU rules and a proper documentation Only expenditure incurred in the eligible period shall be eligible. => between project start and closure date 5

6 Staff costs As selected in the application form, staff costs of the project partner shall be reported either on the basis of: real costs or a 20 % flat rate of all other direct costs. The selected option is valid for all staff members of the project partner and cannot be modified during the entire project duration. The following principles have to be observe if a project partner asks for a flat rate: The eligible amount for staff costs is equal to 20% of the total eligible amount declared under the budget lines travel and accommodation costs, external expertise and services costs, equipment expenditure. If the beneficiary opts for the flat rate financing of direct costs, no direct staff costs can be claimed. The project partner shall have at least one employee. Project partners do not need to document that the expenditure has been incurred and paid. 6

7 Staff costs The following principles have to be obeyed if the PP decided to follow the real costs approach: The staff costs calculation shall be based on costs actually paid out and proofed. The staff costs must be calculated individually for each staff member. For each employee a six monthly task report shall be provided informing on the implemented activities and outputs achieved on WP level any other public funded project worked on within this period A written assignment to the project needs to be issued for each staff member. A percentage of assignment has to be fixed (corresponding to related tasks, responsibilities and outputs defined). This percentage remains applicable for the entire duration of the assignment (amendments to the assignment only in exceptional and well justified cases). Depending on the extent of assignment to the project the following calculation method applies: 7 Full time assignment on the project: 100% of the gross employment costs are eligible. Part-time assignment on the project fixed percentage of time: The gross employment costs multiplied by the fixed percentage of time worked on the project is eligible (percentage shall be fixed in project assignment).

8 Staff costs The project partners are strongly recommended to use the model project assignment provided by the programme (minimum requirements are covered). 8

9 Office and administration expenditure Office and administration expenditure covers operating and administrative expenses of project partners (such as office rent, utilities, office supplies, IT systems, communication, bank charges). For office and administration expenditure a flat rate of 15% of the reported staff costs can be granted. No direct costs can be considered eligible. The list on cost items covered by office and administration expenditure stated in the delegated act is exhaustive. All listed items are to be considered as covered by the flat rate and cannot be reimbursed under any other budget line. => possible source of errors and irregularities please check Article 4 of the delegated act ( If no staff costs are foreseen and reported for respectively by the project partner no flat rate for office and administration costs can be charged. No specific audit trail is necessary. Project partners do not need to document that the expenditure has been incurred and paid. 11

10 Travel and accommodation costs This budget line covers travel and accommodation costs (i.e. travel costs, costs of meal, accommodation costs, visa costs and daily allowances) of project partners that relate to project activities. Please consider the following: T&a costs of external experts and observers are ineligible under this budget line. Only travel and accommodation costs of the following staff members shall be eligible: responsible person and contact person indicated in the AF and their officially designated substitutes (in case of applying the flat rate for staff); => please highlight this against the PP concerned! responsible person and contact person indicated in the AF and their officially designated substitutes as well as the staff members officially assigned to the project for the period in question (in case of applying the real costs principle). Cancellation costs or any not used travel tickets or booking are ineligible in any case. T&a costs related to activities outside of the programme cooperation area are only eligible, if they have been included in the approved AF or approved beforehand by the JS. Costs higher than the limits for daily subsistence allowances laid down in the eligiblity rules cannot be co-financed. Please consider also the rates for hotels indicated there. 12

11 External expertise and service costs This budget line cover expenses related to professional services and expertise provided by external service providers (other than the PP) contracted to carry out certain activities linked to the delivery of the project. Please consider the following: Please ensure that public procurement rules are observed and properly document the procurement procedure. Beneficiaries not concerned by the public procurement rules shall follow the rules fixed by the programme. Any expenses based on contracts concluded and payments effected between PP or beneficiaries and observers are ineligible (except the reimbursement of travel and accommodation costs). Project gadgets are eligible provided that the cost of the single gadget remains limited and anyway does not exceed EUR 50 and that these relate to promotion, communication, publicity or information. => gifts are ineligible 13

12 Equipment expenditure In this budget line equipment purchased, rented or leased by a PP, other than those covered by the office and administration budget line, shall be reported. Equipment is limited to the items listed in the delegated act (such as office equipment, IT hard- and software, furniture, laboratory equipment, tools or devices). Please consider the following: Costs related to the site preparation, delivery or installation of the equipment are eligible. Equipment can only be co-financed if it is necessary for the project implementation or if is considered as a project output. Equipment is only eligible if listed in the approved AF. Equipment shall be purchased by following the applicable public procurement procedures respectively the present eligibility rules. Generally (with some exceptions) only the depreciation costs are eligible. Equipment will probably be checked on the spot. 14

13 Ineligible expenses Non-exhaustive list of ineligible expenditure: VAT unless it is genuinely and definitely borne by the project partner; interests on debts; national banking charges; fines, financial penalties and expenditure on legal disputes and litigation; contributions in kind (provision of land, real estate, equipment, unpaid voluntary work ); gifts and tips; any costs incurred before project approval and after project closure (except costs for FLC); expenditure already funded in total with public funds; communication material that is not in line with the programme rules on communication; fees between project partners; costs related to the contracting of employees of the partner organisations as external experts (e.g. as freelancers). As the list of ineligible expenditure is not exhaustive, expenditure not listed should not be necessarily considered as eligible. 15

14 Recommendations In case of any doubts as regards the eligibility of expenditure consult the programme s eligibility rules consult your flc body (that might consult the FLCC body) consult MA/JS Ensure a proper documentation (audit trail!): even eligible expenditure can only be certified if properly documented Stay in contact with your flc body Keep your PP informed Check the reported expenditure on PP level 16

15 Financial Control Thi s p r og r am m e is co- f i nanced by t he E ur op ean R eg i onal D ev el op m ent F und.

16 Financial flows and reporting European Commission Managing Authority/Certifying Authority Joint Secretariat 6 5 ERDF funds project report (incl. certifications) 7 Lead Partner 4 Project Partner partner reports incl. certifications of expenditure First level control 3 services, invoices 1 2 payment External expert 18

17 Financial control system European Commission Managing Authority JS ACP Certifying Authority Audit Authority/GoA Auditor Project Partner first level controller FLC coordinating body Control of all expenses and certification of eligible ones => FIRST LEVEL Audit of the programme s system and sample check of projects => SECOND LEVEL On the spot audits of the EC to verify the functioning of the system => THIRD LEVEL TO ENSURE THAT ONLY ELIGIBLE EXPENSES ARE CO-FINANCED (PROPER USE OF FUNDS)

18 First level control Member State Centralised Decentralised Remarks Austria France Control to be carried out only by nominated controllers (predefined list). The operative implementation of the first level control may be assigned to external controllers. PPs are in charge of choosing their FLC. According to their status (public or private), the project developers can choose if the FLC is outsourced. After selection by the PP, the FLC has to be authorized by the National Authority. Germany The beneficiary is free to appoint its controller, but the latter must be authorised by the FLCC. Precondition for the authorisation is the proof that the controller is personnel and functional independent from the project. Italy Slovenia 20 The beneficiary is free to appoint its controller, but the latter must be authorised by the FLCC. Internal FLC (only for P.A. see D.Lgs 165/2001. External FLC must have a lot of qualifications to be designated by FLCCB (a.o. registered in RCAAE) and be selected based on procurement law. Guidelines by July The FLC will be performed by the Government Office for Development and EU Cohesion policy.

19 First level control Austria France Member State First level control coordinating body Austrian Federal Chancellery Department IV/4 Spatial Planning and Regional Policy Luise Fasching luise.fasching@bka.gv.at Préfecture de Région Rhône-Alpes Séverine Belleville-Zerathe severine.belleville-zerathe@auvergnerhonealpes.eu Germany Bavarian State Ministry of the Environment and Consumer Protection Ernst Polleter ernst.polleter@stmuv.bayern.de Italy Ad Hoc Committee (to be appointed at the latest July 2016), c/o Agenzia per la Coesione Territoriale ( consists of national members from the ACT, national members from relevant Ministries and regional members Slovenia 21 Government Office for Development and EU Cohesion policy First Level Control Unit

20 Audits (second level control) Will be performed by an external audit company on behalf of the group of auditor (national audit experts) chaired by the Audit Authority (Austrian Federal Chancellery) The audit focusses on sample checks of approved projects Sample checks concentrate on Correctness and eligibility of expenditure reported to the EC Audit trail (esp. documentation on PP, LP, FLC and JS/MA/CA level) Experience in ETC programme showed especially deficiencies in the observance of public procurement rules and the calculation and documentation of staff costs 22

21 Public Procurement Thi s p r og r am m e is co- f i nanced by t he E ur op ean R eg i onal D ev el op m ent F und.

22 Overview Why is public procurement important in ESI-funded projects? Responsibilities of programme actors with regard to procurement Programme rules related to public procurement Most common procurement questions and errors How to avoid mistakes 24

23 Errors in Cohesion Policy Source: European Commission, Errors in Cohesion Policy,

24 Programme & Procurement European Commission ESI Funds Regulations Contractors procurement Managing Authority Member States contract Programme Committee Contractors procurement Lead Partner contract Project Partners Financial Control (first, second level, EUbodies) checks procurement 26

25 What makes Procurement Difficult? Directive 2014/24/EU on public procurement Directive 2014/25/EU water, energy, transport, postal service EU-Treaty e.g. principles of equal treatment, transparency European Court of Justice national law(s) specific rules of ESI-funded programmes specific rules of project partner organisations thresholds e.g for service contracts 27

26 Programme Rules on Procurement Project partner is a Procurement law Programme rule public project partner contracting authority = state, regional or local authority or body governed by public law See factsheet 1.2. It shall respect the relevant procurement law and properly document procurement (audit trail) private project partner not applicable principles of efficiency, economy, expediency simplified rules -> 28

27 Purchase Rules for Private Partners Estimated contract value (excluding VAT) Programme Rule Euro or higher Perform adequate market search (e.g. collecting offers from at least 2 market operators, internet price comparison) Euro or higher Publication of call for offers on programme and project website Document the purchase carefully 29

28 Main Steps in Procurement preparation service, supply, works cost estimation selection of procedure criteria, tender documents procurement notification request for offers selection of candidates selection of offer contract notice contract conclusion fulfilment changes final result and payment documentation contract type &value procurement procedure notification received offers selection process &results traceable information (audit trail) 30

29 Errors in public procurement Most Common Procurement Errors and how to avoid them! Source: European Commission, Guidance Avoidance Common Errors in ESI-funded Projects, EGESIF ,

30 Most Common Procurement Errors insufficient publication direct awarding without any prior notification notification only on regional/national level instead of EU-level imprecise tender documents excessively short deadlines for submission of tenders 32

31 Most Common Procurement Errors mix-up of selection and award criteria selection criteria: related to company, to assess quality of candidates award criteria: related to offer, to select most economically advantageous offer, e.g. price, qualification of staff, methodology discriminatory or dissuasive criteria unlawful splitting of contracts 33

32 Most Common Procurement Errors procurement of human resources depends on type of contract employment contract not subject to procurement law changes in the contract/additional tasks essential changes to be regarded as new procurement additional tasks to be regarded as new procurement, obey prohibition of splitting of contract negotiated procedure without prior publication applicable under certain circumstances 34

33 Most Common Procurement Errors negotiated procedure without prior publication extreme urgency due to unforeseeable events applies to natural disasters rather than to tight time schedules contract can only be executed by one particular company for technical or artistic reasons or reasons connected to protection of exclusive rights limited possibilities, normally more than one potential supplier applicable e.g. in case of procurement of specific software exemptions permitting negotiated procedure to be interpreted strictly 35

34 Consequences of Detected Errors consequences on project level ineligibility of costs, no or only partly EU-funding repayment of EU-funds delay in project implementation, problems in project financing negative impacts on reputation of project partner consequences on programme level high administrative efforts action plan: corrective, investigative, preventive measures stop of payment of EU-funds by EC payment of EU-funds to other projects blocked 36

35 Tendering Planning Do s and Don ts in Procurement Do s spend sufficient time in planning, implementing and documenting procurement bundle similar contracts to get value-for-money check potential crossborder interest and advertise accordingly follow time-limits set by regulations and allow sufficient time for bidding Don t s start the procurement without prior planning split similar contracts launch procurement without prior advertising according relevant laws accelerate procedures and go faster than foreseen time-limits 37

36 Documenting Implementing Evaluating Do s and Don t ss in Procurement Do s define clear selection and award criteria according to subject matter of contract ensure transparent and fair evaluation justify why you buy additional works or services from same contractor or tender them Don t s apply vague or discriminatory selection and award criteria modify criteria during evaluation process modify contract substantially or exceeding 50 % of original contract value document procurement procedure from cost estimation to final payment to contractor just keep the contract document 38

37 Further Recommendations When you begin with your project start to prepare for controls with start of activities use seminars for information and exchange and guidance given clarify any questions with programme bodies (FLC, JS, ACP, MA) in advance get legal advice document any procurement properly When controllers come be prepared that they want to know everything check if you have all documents and persons available take your time to answer the questions of the controllers financial corrections can be negotiated ensure quick and efficient follow up of findings demonstrate importance of the matter 39