Joint procurement - Authority & Entity Activity when mixing contracting CA/CE parties

[DeanFirkelj]

Hi,

We are currently running v1.10 and there seems to be a recent change in the version which has some unusual combination of validations.
The case is: Utilites Directive, Multiple Contracting authorities, one of which is a Contracting authority (PartyTypeCode => body-pl).
Validations BR-BT-00610-0023 & BR-BT-00010-0023 in combination require:

• That the contracting authority as Contracting party must have authority-activity (which is completely logical)
• That the contracting authority as Contracting party must have entity-activity

At the end, we managed to successfully validate the notice by submitting BOTH authority-activity & entity-activity for the CA.
Previously the validations forced only sending the entity-activity in this case.
I'm not sure whether this is by design, or this will change - so please provide some feedback.

Also, when we have the opposite case (2014/24 Directive with contracting party/ies as Contracting entities) do the same principles apply?

Regards,
Dean

[DeanFirkelj]

Quick update for the "opposite" scenario fresh from the production environment :( - it looks like in case of (2014/24 General Directive having some of the contracting party/ies as Contracting entities) the principle is not the same.
BR-BT-00010-0022 forces that CA Activity must be provided for the CE.
BR-BT-00610-0022 forces that it's forbidden to have CE Activity at all in the CN for general Directive.

[YvesJo]

Hi,
As stipulated in the Directive 25 title:

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC Text with EEA relevance

these forms are mainly for Entities, therefore for these forms, the Activity Entity (BT-610) is required.
Some Authorities may also act as Entities, in which case, in addition to the specification of the Activity Entity (BT-610) they are involved in with this procurement, their usual Activity Authority (BT-10) also has to be specified.
Specification of BT-10 and BT-610 has to be done per Buyer (i.e. cac:ContractingParty).
Directive 24 forms only allow BT-10 (Activity Authority). Following Art 1(2) of D24:

2. Procurement within the meaning of this Directive is the acquisition by means of a public contract of works, supplies or services by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.

I hope this helps clarify the rules
KR

[DeanFirkelj]

Thanks. Just needed the confirmation that it's by design.
Regards,
Dean