Procurement Regulations of the Athens Medical Association
(Effective as of 9/10/2022)
Article 1 – Preamble – Scope.
- The Athens Medical Association (ISA) is a public entity, self-financed, of a corporate nature with its own property, which is managed by the Board of Directors in accordance with the provisions of common law regarding the acquisition of rights, the assumption of obligations and the general management and utilization of its property, of Law 2955/2001 and Law 4512/2018.
- The ISA is excluded from all the provisions of Law 4412/2016 as in force from time to time, of Decree 496/1974, it is not subject to the regulatory scope of Law 2286/95, as amended today and in force, but it is also not subject to the provisions of Presidential Decree 715/1979, except for the provisions of Presidential Decree 715/1979 to the extent that they continue to be in force and concern leases, leases, purchases and sales of real estate. In the latter cases, this Regulation shall apply in a complementary manner.
- The provisions of this Regulation shall apply to the supply of goods, the execution of works and the provision of third-party services to the Athens Medical Association (ISA). In particular, it concerns contracts for supplies, works and services for pecuniary interest, which are concluded in writing between the ISA and a supplier or contractor or service provider and have as their object the purchase, leasing or leasing of goods, the execution of construction or civil engineering works or other similar works or the provision of services. Similarly, agreements that have as their object the purchase or lease with any financial terms, land, buildings, or other real estate and which concern rights over them, fall within the scope of this Regulation with its application by analogy.
- For the performance of any form of procurement of goods or services, as well as for the assignment of the execution of any project to the ISA, there must, except in cases where otherwise specified in this Regulation, there must be a relevant prior decision of the Board of Directors (BoD) of the ISA and the required and existing (not consumed) funds must be provided for in the current Budget, for the year in which the supply or project is to be carried out.
- Supplies of goods or services worth up to 5,000 Euros plus VAT, may be carried out by way of derogation from the terms of this Regulation following a decision of the Board of Directors of ISA. Especially for supplies of goods or services worth from 5,000 to 30,000 Euros plus VAT, these will be made following the recommendation of a three-member Committee consisting of members of the Board of Directors who will make recommendations taking into account at least three offers submitted following an invitation by the ISA.
- Supplies of goods or services worth up to 1,500.00 Euros plus VAT, may be carried out by way of derogation from the terms of this Regulation, following an oral order of the Treasurer of the Board of Directors of the ISA to the Head of the Financial Management Department and notification and validation of the expenditure at the next Meeting of the Board of Directors. of the ISA.
- In very exceptional cases of urgent and extraordinary expenditure, it is possible to procure goods or services worth up to €30,000 by decision of the Board of Directors, which decides by majority. The expenditure is ratified at the next Meeting of the Board of Directors of ISA.
- The above limits may be adjusted by decision of the Board of Directors.
Article 2 – Approval of supplies.
- The Financial Management Department of the ISA is responsible for collecting procurement requests from the other services, which it processes and recommends for approval to the Board of Directors or the body authorized by it, before proceeding with the announcement of the corresponding tender.
- The Financial Management Department of ISA proposes to the Board of Directors. for the conduct of a procurement, including in its recommendation at least the feasibility, the type of award procedure, the type, quantity, technical characteristics and the contractual time of delivery of the materials to be procured or the services to be received, as well as the corresponding expenditure provision in the budget of the ISA. In exceptional cases, the preparation of tender documents may be assigned by decision of the Board of Directors of ISA to a third natural or legal person with proven expertise.
- In any case, the Board of Directors decides on the procedure by which each supply or service contract will be concluded, determining its budgeted cost.
Article 3 – Separation of procedures.
- Tendering procedures for the award of works, supply or service contracts shall be divided into open, restricted and summary
- The procedures (open tender) are open within the framework of which any interested supplier or service provider can submit a bid
- Procedures (restricted tender) are restricted, in the context of which only suppliers or service providers who have been invited by the ISA can submit a bid.
- Concise (rough tender), when the budgeted expenditure does not exceed the amount of €90,000 plus VAT. With this procedure, an invitation is addressed to at least three suppliers or service providers, which must be published on the ISA website.
Article 4 – Announcement of Tenders.
- The terms of each call for tenders must be clear and complete.
- The notice of invitation to tender shall include the following elements:
-The type of competition.
-The type and quantity of the goods to be procured or the category and description of the services as well as their technical specifications.
-The competent committee, the date, time and place of opening of the tenders as well as the persons entitled to attend.
-The duration of the offers.
-The deadline for the receipt of tenders by the competent Financial Service and the address to be sent.
-The necessary conditions, deviation from which the tender is rejected.
-The data and supporting documents necessary for the assessment of the minimum limit of financial and technical conditions that the ISA requires from suppliers or service providers.
-The criteria on the basis of which the evaluation of the offers and the award of the supply or service will be made. In the event that the criterion is the most advantageous offer, the data and the method of scoring on the basis of which the evaluation of the offer is made are determined.
- In any case, the Board of Directors decides what elements will be included in the announcement of each tender. The restricted tender is carried out by a committee, which is established by decision of the Board of Directors or the Body authorized by it, by submitting written tenders.
- In a restricted tender, the number of tenders to be submitted must be at least three (3) and in exceptional cases at least two (2).
- In the draft tender, the publication of a notice (summary of the tender) is not required, except on the website of the ISA. The tender is carried out by a three-member committee with the submission of written tenders.
Article 5 – Preliminary tender.
- The ISA may conduct rough tenders up to the amount of 90,000 euros plus VAT. Instead of a notice, it addresses an invitation to suppliers who can offer the items to be supplied, the minimum number of which is 3 (three). The content of the call is published on the ISA website and contains at least the following information:
(a) The object of the tender, with a clear and complete qualitative and quantitative description of the requested items, works and services.
(b) Any budgeted expenditure.
(c) The manner of submission of tenders, the date and time of commencement and expiry of the deadline for the acceptance of tenders.
(d) The date, time and place of the competition.
(e) The terms of participation in the tender.
(f) The details and supporting documents for participation, as well as whether the submission of a sample is required.
(g) The period of validity of the offers.
(h) The terms and method of payment, as well as the fees and deductions to be borne by the supplier.
(i) The days and hours during which interested parties can be informed about the terms of the tender.
(j) The manner, place and deadline of delivery or execution of the object of the tender, as well as the method of quality control.
(k) In the case of machinery or instruments, the guarantee of sufficiency of spare parts from the supplier and the guarantee of good operation for a certain period of time and, in special cases, the provision of maintenance services and any other element estimated to facilitate the successful selection of the supplier.
(l) A condition that the tender will state that the tenderer has been informed of the terms of the invitation, which he fully and unreservedly accepts.
- The Committee appointed following a decision of the Board of Directors of ISA, after the submission of tenders in the context of rough tenders, checks the compatibility of the technical offers with the requested technical specifications and excludes any divergent offers. The tenders that are technically and economically accepted are recorded in a relevant table in order of underbidding. The award is made to the offer with the lowest price.
- Any clarifications requested by tenderers are always given in writing and communicated to all participants in the tender. In the case of equal tenders, the committee has the discretion either to allocate the supply among the majority, or, if the material to be procured is not divisible, to select the lowest bidder by negotiation, after inviting all the tenderers who had equal tenders.
- The committee prepares a record and a table with the results of the competition and submits a relevant proposal to the Board of Directors or to any body of the ISA authorized by it. In its minutes, the committee recommends the partial or total award of the tender to one or more bidders or its repetition, for all or some of the items, with or without modification of the terms of the tender or even its cancellation/cancellation.
- The Board of Directors or the body of the ISA authorized by it decides the partial or total award of the tender to one or more bidders or its repetition for all or some of the items, with or without modification of the terms of the tender or even its cancellation/cancellation. The above decision for the award of the tender is announced to all participants in writing and the supplier is invited to come at a fixed deadline to sign the contract.
Article 6 – Technical specifications.
- The tender and the contract shall contain the technical specifications of the goods or services to be supplied.
- Technical Specifications are the technical requirements that define the required characteristics of a good or service in order to be objectively determined so that they correspond to the use for which they are intended by the ISA.
- The technical specifications must be clearly formulated and fully understood by all concerned.
- The technical specifications are drawn up by the competent Services of the ISA and in exceptional cases by decision of the Board of Directors of the ISA to a third natural or legal person with proven expertise and are approved by decision of the Board of Directors.
Article 7 – Publicity Rules.
- When the ISA conducts a tender, it ensures that the relevant notice is widely disclosed.
- The Administrative Service of ISA ensures that:
-The posting on the ISA website.
-The publication of a summary of the essential elements of the tender in at least two newspapers of nationwide circulation
-The posting of the summary in a prominent part of the headquarters of the ISA
- For the availability of the tender notice to any interested party from the date of publication of its summary.
- For the distribution of the notice or the relevant announcement, in the case of a restricted tender, to the interested parties from the date of publication of the notice.
Article 8 – Qualifications and Supporting Documents for Participation.
- The participants in the tenders submit with their tender, supporting documents which are specified each time in the notice in order to evaluate their participation in the tender.
- By decision of the Board of Directors, a participation guarantee may also be requested,
Article 9 – Deadline for tenders.
- The deadline for the conduct of each tender is specified in the notice depending on the subject of the tender and must not be less than ten (10) days from the date of publication of its summary in the Greek press or its posting on the ISA website.
- Only exceptionally can the above deadline be shortened, but not less than three (3) days, by a specially reasoned decision of the Board of Directors of ISA. The notice also specifies the deadlines for sending any additional information or data or documents related to the announced tender.
- By decision of the Board of Directors of ISA, the date of submission of applications for participation or the conduct of a competition may be postponed, with or without modifications to the terms of the invitation or notice. When the transfer takes place without amending the terms of the invitation or the notice, the period of the transfer is defined by the above decision.
- When the transfer is made by amending the terms of the invitation or the notice, a period of time must elapse from the date of publication in the press of the relevant announcement until the date of submission of the applications for participation or the conduct of the competition, not less than that specified by the initial invitation or notice, unless the transfer decision provides for the shortening of this time, time limits set out in the preceding paragraphs.
Article 10 – Submission of tenders, Period of validity.
- Those who wish to take part in a tender must submit written bids to the ISA within the deadline set by the relevant notice or invitation.
- Tenders are submitted in a sealed envelope, in which the word “OFFER”, the number of the tender notice and the details of the sender and the recipient are indicated.
- All the information and supporting documents relating to the tender specified in the tender notice shall be placed in the tender envelope.
- The technical data of the tender shall be placed in a separate sealed envelope in the main envelope marked ‘TECHNICAL TENDER’.
- The financial data of the offer are placed in a separate sealed envelope inside the main envelope marked “FINANCIAL OFFER”.
- The tenders are valid and binding on the participants in the tender for ninety (90) days from the day following its publication, unless otherwise specified in the notice.
- An offer that is vague and unassessable or is conditional is rejected as inadmissible. Tenders that deviate from the technical specifications of the notice are also rejected as unacceptable.
- Exceptionally, in the draft tender, the offer is unified.
Article 11 – Objections.
- An objection is allowed against the announcement of the tender, the participants in it and the legality of its conduct until the award decision. The objection is submitted in writing to the ISA.
- The time periods for submitting objections are specified in the tender notice and in no case can it be less than three (3) days from the date of the decision, by the competent Body, for each phase of the tender.
- The Board of Directors of ISA decides on the objections following the recommendation of the tender committee, within five (5) days from the date of submission of the objection.
Article 12 – Committees for the Conduct and Evaluation of Tenders. Acceptance Committee.
- Each competition is carried out by a committee consisting of at least 3 members, which is appointed by decision of the Board of Directors.
- The task of each committee is to conduct the tender, which has been announced, and to evaluate the applications for participation and the offers, drawing up each time a relevant record with its judgment and proposals.
- The members of the Committees should have the required know-how if required.
- The Receipt of the goods or the service provided or the certificate of its execution is made by a Committee. Members who participated in the Tender Conduct and Evaluation Committee cannot participate in the Acceptance Committee.
- The above committees are formed by the decision of the Board of Directors or the Body authorized by it, which is taken for the conduct of the competition.
Article 13 – Opening & Evaluation of Tenders.
- The Conduct and Evaluation Committee of the tender proceeds to the opening and evaluation of the tenders, on the date and time specified in the notice or the invitation to tender.
- The bids after the opening remain with the committee.
- The committee first unseals the main envelope and the envelope of the technical offer and after the acceptance of the tenders, it also unseals the envelope of the financial offer, only of those tenders that have been accepted. The above does not apply to the draft tender in which the offer is unified.
- The criterion for the award of the tender (lower price or more advantageous offer) is determined by the decision of the Board of Directors or the Body authorized by it for the conduct of the tender and is stated in the notice or invitation.
- The committee evaluates the tenders in relation to the required supporting documents and data as well as the technical specifications as specified in the notice, drawing up a relevant record.
- The committee unseals the envelopes of financial offers, only those offers where the technical offers were accepted on the date and time specified by a relevant invitation.
- The committee, based on the award criterion and the relevant terms of the tender notice, evaluates the financial offers by drawing up a report.
- The minutes of the committee with a relevant recommendation are submitted to the Board of Directors for the relevant decision until the award of the tender.
- The committee, with its opinion in the relevant minutes, may propose the award or cancellation of the results of the tender.
- The Board of Directors, following a proposal by the Competition Conduct and Evaluation Committee, may also decide:
-The increase of the budgeted expenditure up to 30%, unless otherwise specified in the tender, in case of its inadequacy.
-Supply or Provision of a Service in a greater or lesser quantity than that specified in the tender notice by a percentage of one percent. This percentage may not exceed 30% or 50% respectively.
- A relevant announcement shall be sent to the Supplier or the Service Provider to whom the supply or service has been awarded or assigned.
- The supplier or service provider is obliged to appear within five (5) days from the date of notification of the announcement for the signing of the relevant contract.
- The contract shall include at least the following:
-The goods to be supplied and the quantity or service to be provided.
-The price or remuneration.
-The place, manner and time of delivery or execution
-The technical specifications
-The guarantees provided
-The clauses provided for
-The payment method
- The execution of the contracts is monitored either by the Administrative Service, or by another body or by an external partner specially appointed by the Board of Directors before the final audit by the Financial Management.
- For all works, supplies or services worth more than 5,000 euros plus VAT, a contract must be signed or an order form must be drawn up to the contractor, which at least includes all the details of the scope of the project, the total price and method of payment, the place, time and method of delivery-receipt, the requested guarantees and any other contractual clauses.
Article 14 – Confidentiality.
The ISA undertakes to keep confidential for two (2) years the bid data of the participants in its tenders, which relate to technical data, know-how information or intellectual property rights, provided that they bear the indication “Confidential Document”. In no case does this obligation of confidentiality bind the ISA vis-à-vis the Greek State, the Justice or the Authorities of the European Union. This confidentiality is automatically waived in the event of a trial or arbitration. The Financial Service keeps a record of tenders until the final execution of the respective contract.
Article 15 – Applicable law and dispute resolution.
Any dispute arising from the interpretation or execution of works contracts, supplies and services of the ISA shall be subject to the exclusive jurisdiction of the Courts of Athens, irrespective of the seat of the counterparty. An exception to this basic rule is possible only in the case of arbitration, provided that this is required by special circumstances and is specified in the text of the notice.
Article 16 – Provision of information – Correspondence.
- The ISA provides the contestants in writing with any information or clarification necessary at its discretion for the conduct of the competition, compulsorily communicating it to the other participants. No other information, data or document in relation to the tender can be given to the interested parties by the ISA or any of its bodies and, in any case, does not bind or otherwise oblige it.
- Any request, correspondence, notification, submission of appeal, objection, etc. to and from the ISA are formulated in writing in the Greek language or in a translation into Greek.
Article 17 – Public information – Transparency.
- This Regulation, as in force each time, will be posted on the ISA website, in a special area related to procurement. The participation of any natural or legal person in any procedure that falls within its scope is presumed to be done with full knowledge and with unconditional acceptance of the provisions of this Regulation, as in force from time to time.
- All the decisions of the Board of Directors of the ISA provided for in these Regulations are posted on its website, in the aforementioned special space for procurement.
Article 18 – General competence of the Department of Financial Management.
The Financial Management Department of ISA has the general presumption of competence for the preparation, recommendation to the Board of Directors for the conduct of tenders and control of the execution of all contracts in cooperation with the competent department on a case-by-case basis. Exceptionally, the Board of Directors of the ISA may delegate in specific cases some of these responsibilities to another body of the ISA or to a third natural or legal person.
Article 19 – Interpretation and supplementation of this Regulation.
- In any case where an issue of interpretation of this Regulation or an issue falling within its scope, which is not regulated by its provisions, may arise, the provisions of the legislation on public procurement shall apply accordingly and in a complementary manner.
- These Regulations are supplemented or amended by decision of the Board of Directors of ISA.
Article 20 – Entry into force – Transitional provisions.
- These Regulations are in force from the day of the decision of the Board of Directors to approve or amend it.
- For tenders or contracts for the supply of supplies, execution of works and provision of services by third parties to the ISA, which at the time of entry into force of these Regulations have already been signed or for supplies for which the process of carrying them out has already begun, by publishing a notice or sending an invitation, etc., the regime provided for them before the entry into force of this Regulation shall apply.
