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Session “Best practice for the procurement of services”
The award of services in the area of advertising, public relations, etc. – case study regarding the award
of advertising campaigns for road safety
Wolfgang BergerEBRD-Consultants, WOLF THEISS
Kiev, November 2012
1
Agenda
Advertising services
Definition
Intellectual services
Choice of procedure
Framework Agreement
Placement of advertisements
Case Study: Advertising campaigns for road safety
2
Advertising services – definition
Advertising services are priority services according to Annex II EU PPD
EU PPD is fully applicable
Advertising services are listed in the Common Procurement Vocabulary (CPV) from 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4).
Examples:
Advertising services (e.g. Advertising campaign services, Advertising management services, etc.)
Marketing services (e.g. direct marketing)
Customer services (e.g. customer survey services, customer satisfaction survey, Customer-care services, etc.)
Public relations services (e.g. PR-management services, PR-consultancy services) 3
Advertising services – intellectual service
Advertising services are in most cases “intellectual services”.
Intellectual services are services for which “the contract specifications cannot be established with sufficient precision to permit the award of the contract by selection of the best tender according to the rules governing open or restricted procedures.”
Intellectual services are always in whole or in part creative services.
The specification for intellectual services can only be described functionally.
The services will not lead necessarily to the same outcome (e.g. different design etc.).
4
Advertising services – choice of procedure (1)
Intellectual advertising services e.g.
Creation and realization of advertising campaigns
Authoring of advertising texts
Negotiated procedure (mandatory)
Non intellectual advertising services e.g.
Placement of advertisements
Direct marketing
Open procedure
Restricted procedure
5
Advertising services – Framework Agreement (1)
Framework Agreement (FA) - for regularly recurring services
Is an agreement with one ore more FA-partners, which regulates the conditions for the conclusion of contracts, within a certain time-period
The contracting authority is not obliged to conclude a contract
2 Phases
1. Phase: Award of Framework-Agreement-partner(s) after a procurement procedure (e.g. open, restricted or negotiated procedure)
2. Phase:
1 Partner: Award of contracts with the FA-partner based on the FA
>1 Partners:
Award of the contract based on the FA
Competition based on the FA, award of the contract
6
Advertising services – Framework Agreement (2)
Regulations for FA (EU PPLD Art 9 and 32):
Estimated value: the max estimated value of all the contracts envisaged for the total term of the FA
Max total term: 4 years
The awarded contracts have to be based on the FA (interdiction of substantial amendments!)
Jurisdiction (Austria):
The contracting entity has to specify the envisaged quantity of the services that will be awarded (Federal Public Procurement Office 13.6.2004, N/0009-BVA/06/2006-38)
7
Advertising services – Framework Agreement (3)
Pros:
the contracting authority can award the needed services directly based on the FA
without an obligation for the contracting entity to award a minimum of contracts
without an exclusivity of the FA-partner
Cons:
without an obligation of awarding a minimum of contracts the FA
may not be calculable or
the bidders have to calculate the risk to get no contract (the agreement prices will be high)
FA should include a minimum of contracts that will be awarded (calculable tender price)
8
Advertising services – Placement of Advertisements
EU PPL is applicable:
Placement of advertisements is neither a public works nor a public supply contract public service contract
No exclusion of PPLD
Priority services according to Annex II A EU PPLD
Placement of advertisements is neither explicitly enumerated in Annex II A nor in the CPV
Annex II A refers also to the CPC (Central Product Classification) Reference No 871
8711 - Sale or leasing services of advertising space or time
8712 - Planning, creating and placement services of advertising
Priority services
9
Case Study - General (1)
Project and subject matter of the tender:
Advertising- and media-agency services regarding road safety campaigns
Contracting entity
ASFINAG owned by the Republic of Austria ( “classic” contracting entity)
Estimated value
Value of all the contracts envisaged for the total term of the FA
EUR 1,000,000
10
Case Study - General (2)
Kind of service
Priority services according to Annex II to the EU public procurement directives
Advertising services
Tender procedure
Negotiated procedure (two stages) with prior EU-wide publication !
Pre-qualification stage
Tender stage
Framework Agreement with one economic operator
1 Advertising campaign-contract for road safety was awarded with the FA
11
Case Study - Pre-qualifcation stage (1)
Deadline for submission of request to participate (RTP)
40 days
4 candidates proceed to second stage
Proof of suitability
Suitability to pursue professional activity
Proof of a permission to pursue the services
General professional reliability
Confirmation by competent fiscal authority (tax office) and
Confirmation by social security
12
Case Study - Pre-qualifcation stage (2) Financial capability
Professional indemnity insurance with indemnity limit of at least EUR 50,000 per damage
Technical capability (1) 2 Reference projects (advertising campaigns) of the economic
operator Requirements:
include classic advertising, online, below-the-line and media planning
adressed to a wide audience (>1.5 million people) over a time period of at least 6 months have a budget for classic advertising (agency fees,
production costs, costs for the placement of advertisments) within 6 months of at least EUR 500,000
not older than 3 years (date of notification of the tender)
13
Case Study - Pre-qualifcation stage (3)
Key personnel
Project leader (Etat-Director)
At least 10 years of relevant work experience and min 5 years as a senior consulter.
One successful project that fulfills the criteria for the reference project.
Creative director
At least 5 years of relevant work experience and min 2 years as a creative director.
One successful project that fulfills the criteria for the reference project.
Senior Media-Planner
At least 5 years of relevant work experience as a media planner.
One successful project that fulfills the criteria for the reference project.
14
Case Study - Pre-qualifcation stage (4)
Selection criteria weighting:
Agency reference project
Basic score for each reference (max 4 projects)
Additional points for each reference project with
a budget over EUR 500,000.-
the content road safety
Key personnel
Basic score for max 2 additional references
Additional score for each reference project with the content road safety
15
Case Study - Pre-qualifcation stage (5)
Evaluation table
16
Weighting of the selection criteria
Maximal total points
Agency-reference (max. 4 references, max. 20 points for each reference) 80
Etat-Supervisor (max. 2 references, max. 22 points for each reference) 44
Creative-Director (max. 2 references, max. 22 points for each reference) 44
Mediaplaner (max. 2 references, max. 16 points for each references) 32
SUM
200 points = 100%
Case Study - Tender stage (1)
Award criteria (evaluation by a jury)
Price (weighting 25%)
Concept for media campaigns (65%) e.g.
Quality of the communication concept
Plausibility of recommended medias (print medias, TV, etc.)
Plausibility of the budget.
“Professional interview” with key personnel (weighting 10%)
Evaluation of the quality criteria by a jury (5 Members: 2 contracting entity, 1 Ministry of Economic Affairs, Univ. Professor for marketing, 1 Opinion Research Institute)
Partial compensation payment for tenders (except for the awarded): EUR 5,000.-
17
Case Study - Tender stage (2)
During the offering period:
Rebriefing/Information of the bidders about the tasks of the safety campaigns
After submission of tenders
Negotiation
Content of the contract (specification of the content of the first campaign)
Contractual conditions (liabilities, contractual penalties)
Price
18
Contact
19
Dr. Wolfgang BergerTel: + 43 / 050 / 10810686
Fax: +43 / 050 / 10810682
E-Mail: [email protected]
ASFINAGRotenturmstraße 5-91011 ViennaAustria