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CONFIDENTIAL
FRAME Workshop
Procurement rules
22nd October 2019
Miroslav Čuljat, Programme Manager, RTÉ Archives
CONFIDENTIAL
One RTÉ, one Archive
2
- Conversion from physical to digitalDigitisation
One Media Share (OMS)
One Storage Platform
- Media Asset Management
- Preservation
Digital Archive
CONFIDENTIAL
Content conversion from physical to digital What?
3
¼’’ Audio Tapes Video Tapes Film Cans Collections stored and
organised in an
enterprise-scale
computer system
CONFIDENTIAL
Conversion processes (continued) How?
4
Video tape equipment Quarter-inch studio Outsourcing tape digitisation
CONFIDENTIAL
Approach 1
5
Media Carrier Accessioning
Digitisation
n
Ingest and QC
Sound
Acetates in-house outsource in-house
DAT in-house outsource in-house
Quarter inch In-house In-house in-house
Optical In-house outsource In-house
Video All tape formats In-house outsource in-house
Film
News in-house in-house in-house
Programmes in-house hybrid* in-house
* - Potentially a hybrid model with outsourced scanning and digital restauration on demand.
CONFIDENTIAL
Approach 2
6
Media Carrier Accessioning
Digitisation
n
Ingest and QC
Sound
Acetates in-house outsource in-house
DAT in-house outsource in-house
Quarter inch outsource outsource in-house
Optical In-house outsource In-house
Video All tape formats outsource outsource in-house
Film
News in-house in-house in-house
Programmes in-house hybrid* in-house
* - Potentially a hybrid model with outsourced scanning and digital restauration on demand.
CONFIDENTIAL
Factory line process – the most efficient approach
7
CONFIDENTIAL
8
Main legislation for procurement : EU and local
- Rules and principles of the EC Treaties
- Communities (Award of Public Authorities’ Contracts) Regulations
2016 (the “Regulations”) which implement the EU public
procurement directive (2014/24/EC).
- Review Procedures Regulations 2010 SI 130 of 2010 and 2015
amendment which implement the EU Directive 2007/66/EC of also
known as Remedies Directive 2007
- Public Procurement Guidelines – Competitive Process issued by
the Department of Finance - available @ eTenders.gov.ie
- Department of Finance Circular 10/14 plus others
- Code of Practice for the Governance of State Bodies 2016
CONFIDENTIAL
9
Principles of public procurement
There has been a longstanding obligation on public authorities to comply with the
fundamental principles of EU law, namely:
- equal treatment
- non-discrimination
- mutual recognition
- fairness (including proportionality)
- transparency
These fundamental principles must be complied with whether the contract is subject
to the Regulations or not. Failure to apply these fundamental principles is likely to
result in a breach of EU law.
Processes are to be designed not to exclude or artificially narrow competition.
These Principles apply for full life of the contracts.
CONFIDENTIAL
10
National tendering
- Threshold – Potential spend over €25k (€50k for civil)
- Clear specification and evaluation criteria
- Open Procedure
- Restricted Procedure with EOI
- Competitive Dialogue Procedure with EOI
- Negotiated Procedures with or without EOI
- Direct Invitation from a Panel – Panel needs to be managed
- Advertisement in eTenders.gov.ie
- Recommended minimum time limits e.g. 3 weeks
CONFIDENTIAL
11
EU tendering
- Threshold – Potential spend over €221k (€5.5m for civil)
- Clear specification and evaluation criteria
- Open Procedure
- Restricted Procedure with EOI
- Competitive Dialogue Procedure with EOI
- Negotiated Procedures with or without EOI
- Dynamic Purchasing Systems (fully electronic)
- Innovation Partnership (more complex projects)
- Framework Agreement, Design Competition, Prior Information
Notices (PIN)
- Advertisement in Official Journal of the EU & eTenders.gov.ie
- Specified minimum time limits e.g. 30 days / 35 days for response
CONFIDENTIAL
12
Procurement starting point – run a competition
- What type of competition? Why?
- Demonstrate that you ran the correct competition and
that it meets the principles
CONFIDENTIAL
13
Procurement starting point – what type of competition? Why?
- Open
- Restricted
- Competitive Dialogue
- All of the above can result in a framework agreement.
CONFIDENTIAL
14
Open procedure
Single-stage tender, anyone can respond, hence more competitive.
When: Specification, condition and volume of material is clearly established
- Advertise Requirements including pre qualification criteria, and detailed
specification (more than €221k = EU Tender: 35 days / 30 days response time)
- Evaluate responses fairly using published criteria
- Award contract, write to all parties detailing reasons and publish results
- Observe standstill period (14 days before concluding contract)
- Execute contract
CONFIDENTIAL
15
Restricted procedure
Two stage tender
When : Evidence that too many Suppliers qualify, or to limit access to sensitive
material in tender documents
- Advertise Requirements as EOI, pre qualify candidates (publish PQQ) and then
issue tender to qualifying participants (more than €221k = EU Tender: 35 days / 30
days response time)
- Evaluate responses fairly using published criteria
- Award contract, write to all parties detailing reasons and publish results
- Observe standstill period (14 days before concluding contract)
- Execute contract
CONFIDENTIAL
16
Competitive dialogue
Three-stage tender
When : technical spec cannot be established with precision, or irregular / unacceptable tender
responses to Open or Restricted procedure.
- Advertise Requirements as EOI, pre qualify minimum 3 candidates
- Enter into dialogue with suppliers to establish how to meet need
- Once enough information has been obtained, draft specification and issue tender to qualifying
participants
- Evaluate responses fairly using published criteria
- Award contract, write to all parties detailing reasons and publish results
- Observe standstill period (14 days before concluding contract)
- Execute contract
CONFIDENTIAL
17
Prequalification or minimum requirements – an example
CONFIDENTIAL
18
Evaluation criteria – an example
CONFIDENTIAL
19
Know your collection!
- Content / genre collections vs administrative / format
collections
- Quantities
- Durations
- Format specific questions
CONFIDENTIAL
Film preparation and digitisation
20
In average it takes 4 to 16 hours to prepare 1 hour of film content for digitisation.
CONFIDENTIAL
21
Application to Archives Project for Broadcasters
- Typical Project:
Digitisation of a large volume of physical material (such as film,
older media formats and obsolete audio and video tape formats)
- Stakeholders: Funding Broadcaster, Archive Department,
External Public Archive bodies / Co-funding bodies, Technology
Division
- Consider the impact of internal and external factors
CONFIDENTIAL
22
Impact of internal factors
- Time: to make ready material, but potential deterioration of media
- Funding: availability and timing of spends from budgets
- Make (build) or buy decision (inhouse, external or a mixture of both)
- Selection of digitisation format (HD, 2K, 4K or other, impact downstream)
- Supplier capacity and availability of specialised, ageing machinery
- Long term storage policies
- Original material decision: (when to destroy and how?)
- Publishing and access rules
CONFIDENTIAL
23
Impact of external factors
- Supply base
(local or Europe-wide suppliers?)
- Supply constraints
(availability of specialised, obsolescent machinery)
- Supplier capacity
(volume of material processed in a required timeframe)
- Supplier development
(building up expertise for future flexibility?)
- Transport costs / insurance
(committing valuable flammable collections to long journeys)
CONFIDENTIAL
24
Don’t forget to..
- Make sure you consult your Procurement Department early in the process
- Consult widely with suppliers to establish capability
- Visit major suppliers: gains trust for both parties
- Develop specification in advance
- Count your material and establish the volume!!
- Select the technical approach
- Select the procurement approach
- Remember the Supplier investment in process: be fair
- Be prepared for challenges from Suppliers
- Capture learnings for the future
CONFIDENTIAL
Thank you
Go raibh maith agaibh
Hvala
25

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CULJAT (FRAME Expert) Public procurement in audiovisual digitisation at RTÉ

  • 1. CONFIDENTIAL FRAME Workshop Procurement rules 22nd October 2019 Miroslav Čuljat, Programme Manager, RTÉ Archives
  • 2. CONFIDENTIAL One RTÉ, one Archive 2 - Conversion from physical to digitalDigitisation One Media Share (OMS) One Storage Platform - Media Asset Management - Preservation Digital Archive
  • 3. CONFIDENTIAL Content conversion from physical to digital What? 3 ¼’’ Audio Tapes Video Tapes Film Cans Collections stored and organised in an enterprise-scale computer system
  • 4. CONFIDENTIAL Conversion processes (continued) How? 4 Video tape equipment Quarter-inch studio Outsourcing tape digitisation
  • 5. CONFIDENTIAL Approach 1 5 Media Carrier Accessioning Digitisation n Ingest and QC Sound Acetates in-house outsource in-house DAT in-house outsource in-house Quarter inch In-house In-house in-house Optical In-house outsource In-house Video All tape formats In-house outsource in-house Film News in-house in-house in-house Programmes in-house hybrid* in-house * - Potentially a hybrid model with outsourced scanning and digital restauration on demand.
  • 6. CONFIDENTIAL Approach 2 6 Media Carrier Accessioning Digitisation n Ingest and QC Sound Acetates in-house outsource in-house DAT in-house outsource in-house Quarter inch outsource outsource in-house Optical In-house outsource In-house Video All tape formats outsource outsource in-house Film News in-house in-house in-house Programmes in-house hybrid* in-house * - Potentially a hybrid model with outsourced scanning and digital restauration on demand.
  • 7. CONFIDENTIAL Factory line process – the most efficient approach 7
  • 8. CONFIDENTIAL 8 Main legislation for procurement : EU and local - Rules and principles of the EC Treaties - Communities (Award of Public Authorities’ Contracts) Regulations 2016 (the “Regulations”) which implement the EU public procurement directive (2014/24/EC). - Review Procedures Regulations 2010 SI 130 of 2010 and 2015 amendment which implement the EU Directive 2007/66/EC of also known as Remedies Directive 2007 - Public Procurement Guidelines – Competitive Process issued by the Department of Finance - available @ eTenders.gov.ie - Department of Finance Circular 10/14 plus others - Code of Practice for the Governance of State Bodies 2016
  • 9. CONFIDENTIAL 9 Principles of public procurement There has been a longstanding obligation on public authorities to comply with the fundamental principles of EU law, namely: - equal treatment - non-discrimination - mutual recognition - fairness (including proportionality) - transparency These fundamental principles must be complied with whether the contract is subject to the Regulations or not. Failure to apply these fundamental principles is likely to result in a breach of EU law. Processes are to be designed not to exclude or artificially narrow competition. These Principles apply for full life of the contracts.
  • 10. CONFIDENTIAL 10 National tendering - Threshold – Potential spend over €25k (€50k for civil) - Clear specification and evaluation criteria - Open Procedure - Restricted Procedure with EOI - Competitive Dialogue Procedure with EOI - Negotiated Procedures with or without EOI - Direct Invitation from a Panel – Panel needs to be managed - Advertisement in eTenders.gov.ie - Recommended minimum time limits e.g. 3 weeks
  • 11. CONFIDENTIAL 11 EU tendering - Threshold – Potential spend over €221k (€5.5m for civil) - Clear specification and evaluation criteria - Open Procedure - Restricted Procedure with EOI - Competitive Dialogue Procedure with EOI - Negotiated Procedures with or without EOI - Dynamic Purchasing Systems (fully electronic) - Innovation Partnership (more complex projects) - Framework Agreement, Design Competition, Prior Information Notices (PIN) - Advertisement in Official Journal of the EU & eTenders.gov.ie - Specified minimum time limits e.g. 30 days / 35 days for response
  • 12. CONFIDENTIAL 12 Procurement starting point – run a competition - What type of competition? Why? - Demonstrate that you ran the correct competition and that it meets the principles
  • 13. CONFIDENTIAL 13 Procurement starting point – what type of competition? Why? - Open - Restricted - Competitive Dialogue - All of the above can result in a framework agreement.
  • 14. CONFIDENTIAL 14 Open procedure Single-stage tender, anyone can respond, hence more competitive. When: Specification, condition and volume of material is clearly established - Advertise Requirements including pre qualification criteria, and detailed specification (more than €221k = EU Tender: 35 days / 30 days response time) - Evaluate responses fairly using published criteria - Award contract, write to all parties detailing reasons and publish results - Observe standstill period (14 days before concluding contract) - Execute contract
  • 15. CONFIDENTIAL 15 Restricted procedure Two stage tender When : Evidence that too many Suppliers qualify, or to limit access to sensitive material in tender documents - Advertise Requirements as EOI, pre qualify candidates (publish PQQ) and then issue tender to qualifying participants (more than €221k = EU Tender: 35 days / 30 days response time) - Evaluate responses fairly using published criteria - Award contract, write to all parties detailing reasons and publish results - Observe standstill period (14 days before concluding contract) - Execute contract
  • 16. CONFIDENTIAL 16 Competitive dialogue Three-stage tender When : technical spec cannot be established with precision, or irregular / unacceptable tender responses to Open or Restricted procedure. - Advertise Requirements as EOI, pre qualify minimum 3 candidates - Enter into dialogue with suppliers to establish how to meet need - Once enough information has been obtained, draft specification and issue tender to qualifying participants - Evaluate responses fairly using published criteria - Award contract, write to all parties detailing reasons and publish results - Observe standstill period (14 days before concluding contract) - Execute contract
  • 17. CONFIDENTIAL 17 Prequalification or minimum requirements – an example
  • 19. CONFIDENTIAL 19 Know your collection! - Content / genre collections vs administrative / format collections - Quantities - Durations - Format specific questions
  • 20. CONFIDENTIAL Film preparation and digitisation 20 In average it takes 4 to 16 hours to prepare 1 hour of film content for digitisation.
  • 21. CONFIDENTIAL 21 Application to Archives Project for Broadcasters - Typical Project: Digitisation of a large volume of physical material (such as film, older media formats and obsolete audio and video tape formats) - Stakeholders: Funding Broadcaster, Archive Department, External Public Archive bodies / Co-funding bodies, Technology Division - Consider the impact of internal and external factors
  • 22. CONFIDENTIAL 22 Impact of internal factors - Time: to make ready material, but potential deterioration of media - Funding: availability and timing of spends from budgets - Make (build) or buy decision (inhouse, external or a mixture of both) - Selection of digitisation format (HD, 2K, 4K or other, impact downstream) - Supplier capacity and availability of specialised, ageing machinery - Long term storage policies - Original material decision: (when to destroy and how?) - Publishing and access rules
  • 23. CONFIDENTIAL 23 Impact of external factors - Supply base (local or Europe-wide suppliers?) - Supply constraints (availability of specialised, obsolescent machinery) - Supplier capacity (volume of material processed in a required timeframe) - Supplier development (building up expertise for future flexibility?) - Transport costs / insurance (committing valuable flammable collections to long journeys)
  • 24. CONFIDENTIAL 24 Don’t forget to.. - Make sure you consult your Procurement Department early in the process - Consult widely with suppliers to establish capability - Visit major suppliers: gains trust for both parties - Develop specification in advance - Count your material and establish the volume!! - Select the technical approach - Select the procurement approach - Remember the Supplier investment in process: be fair - Be prepared for challenges from Suppliers - Capture learnings for the future
  • 25. CONFIDENTIAL Thank you Go raibh maith agaibh Hvala 25

Editor's Notes

  1. Service oriented organisation, archiving today’s content for tomorrow, cataloguing, and providing retrieval services to production and research communities. Project focused organisation with aim to digitise and preserve. Underpinned by technology projects OMS and OSP.
  2. Here are a couple of examples of the equipment used for this process. These machines are more difficult to maintain as time passes by, so it is important to progress with digitisation as fast as possible. In some cases it is more efficient and economical to send our physical assets for digitisation to external expert vendors.
  3. Ingest and QC is always in-house Digitisation varies Accessioning means different things for different cases. i.e. if the content catalogued and being sent for digitisation outside then it means picking and packing and exporting lists of contents per box. Talk about the hybrid model for digital restauration on demand.
  4. The last three are local / Irish rules. 
  5. The above are the main types. There is also a procedure called "innovation partnership" which is used when a solution doesn't exist, but we've never used it, and it's quite rare in our industry. 
  6. Open competition in when we know exactly what we're looking for, and we're happy to publish all that detail (in relation to any commercially sensitive plans – no secrets) Restricted competition is chosen when there are commercially sensitive plans being revealed in the tender documentation, or when the expected amount of responses would be too large and impractical to process. It has an EOI and PQQ documents. CD is when we don't know what we don't know – when we can't write the spec. We need to discuss and learn from the suppliers about different options on the market. We can talk with suppliers freely outside the tender process, but once the process has started, formal rules have to obeyed. It has to be at least three vendors in the process. It also starts with an EOI and PQQ, but it defines at the start that it will be a CD process.  The above are the main types. There is also a procedure called "innovation partnership" which is used when a solution doesn't exist, but we've never used it, and it's quite rare in our industry.  Framework agreements are agreed when there is no certainty on the quantity, but we know about everything else. They can be a single party or multi-party agreements. 
  7. Open competition in when we know exactly what we're looking for, and we're happy to publish all that detail (in relation to any commercially sensitive plans – no secrets) Restricted competition is chosen when there are commercially sensitive plans being revealed in the tender documentation, or when the expected amount of responses would be too large and impractical to process. It has an EOI and PQQ documents. CD is when we don't know what we don't know – when we can't write the spec. We need to discuss and learn from the suppliers about different options on the market.  We can talk with suppliers freely outside the tender process, but once the process has started, formal rules have to obeyed. It has to be at least three vendors in the process. It also starts with an EOI and PQQ, but it defines at the start that it will be a CD process.  The above are the main types. There is also a procedure called "innovation partnership" which is used when a solution doesn't exist, but we've never used it, and it's quite rare in our industry.  Framework agreements are agreed when there is no certainty on the quantity, but we know about everything else. They can be a single party or multi-party agreements. 
  8. Open competition in when we know exactly what we're looking for, and we're happy to publish all that detail (in relation to any commercially sensitive plans – no secrets) Restricted competition is chosen when there are commercially sensitive plans being revealed in the tender documentation, or when the expected amount of responses would be too large and impractical to process. It has an EOI and PQQ documents. CD is when we don't know what we don't know – when we can't write the spec. We need to discuss and learn from the suppliers about different options on the market.  We can talk with suppliers freely outside the tender process, but once the process has started, formal rules have to obeyed. It has to be at least three vendors in the process. It also starts with an EOI and PQQ, but it defines at the start that it will be a CD process.  The above are the main types. There is also a procedure called "innovation partnership" which is used when a solution doesn't exist, but we've never used it, and it's quite rare in our industry.  Framework agreements are agreed when there is no certainty on the quantity, but we know about everything else. They can be a single party or multi-party agreements. 
  9. Open competition in when we know exactly what we're looking for, and we're happy to publish all that detail (in relation to any commercially sensitive plans – no secrets) Restricted competition is chosen when there are commercially sensitive plans being revealed in the tender documentation, or when the expected amount of responses would be too large and impractical to process. It has an EOI and PQQ documents. CD is when we don't know what we don't know – when we can't write the spec. We need to discuss and learn from the suppliers about different options on the market.  We can talk with suppliers freely outside the tender process, but once the process has started, formal rules have to obeyed. It has to be at least three vendors in the process. It also starts with an EOI and PQQ, but it defines at the start that it will be a CD process.  The above are the main types. There is also a procedure called "innovation partnership" which is used when a solution doesn't exist, but we've never used it, and it's quite rare in our industry.  Framework agreements are agreed when there is no certainty on the quantity, but we know about everything else. They can be a single party or multi-party agreements. 
  10. Can’t be used to unfairly exclude participants e.g. turnover threshold too high, company experience cannot be too narrow.
  11. - Review carefully before publishing - Document reasons why marks are taken away, sign off evaluation report and include reasons in final letters to unsuccessful participants