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1 Background
The Central Baltic Programme 2014-2020 (programme) is a cross-border co-operation programme funded by the European Regional Development Fund. The programme has an ERDF fund of 122 MEUR. The programme funds co-operation projects between partners from Finland, Estonia, Latvia and Sweden.
The projects can be implemented under one of the following strategic goals:
•Competitive economy (Priority axis 1);
•Sustainable use of common resources (Priority axis 2);
•Well-connected region (Priority axis 3);
•Skilled and socially inclusive region (Priority axis 4).
The official language of the programme is English.
The programme is implemented by the Managing Authority, hosted by the Regional Council of Southwest Finland. The Regional Council of Southwest Finland hosts the programme’s Audit Authority.
Buyer of the service:
Varsinais-Suomen liitto (Y-tunnus: 0922305-9)
Address: P.O. Box 273 (Ratapihankatu 36), 20101 Turku
Other key programme bodies are the Monitoring Committeeis monitor and steer the programme implementation and the Steering Committee is set up to select projects for funding. the programmes First Level Controllers (FLC) are designated to perform management verifications of all project costs and is monitored by the MA. The FLC are located in every Member State. The Member States are responsible for setting up the FLC system.
The programme is guided by EU regulations:
•Regulation (EU) No 1303/2013 referred to as “CPR regulation”
•Regulation (EU) No 1301/2013 referred to as “ERDF regulation”
•Regulation (EU) No 1299/2013 referred to as “ETC regulation”
In addition, a large number of Delegated Acts and Implementing Regulations apply for programme communication, eligibility of costs, IT services and others. For a full list of the currently available legislation and guiding documents, see http://ec.europa.eu/regional_policy/en/information/legislation/regulations/
The Programme Monitoring Committee has approved a Programme Manual (Annex 1) for the project applicants and beneficiaries. The Manual sets out the main procedures and rules of the programme.
The official language of the programme is English.
More information on the programme structure is provided in Annex 2, the Description of Management and Control Systems.
2 Specific tasks and needs for legal services
The Managing Authority (MA) and Audit Authority (AA) have no in-house legal expertise. The need for legal advice is foreseen to be occasional, but will occur. The MA is responsible for receiving applications, assessing applications, supporting the work of the Steering Committee when it selects projects for funding, making official decisions on rejecting projects, signing a Subsidy Contract with approved projects, monitoring project implementation and making payments to projects.
The MA foresees needs for legal advice when preparing tendering documents, contracts with service providers or projects, or in case of dispute with project applicants/beneficiaries in matters related to project applications or project implementation. Examples of potential cases can be found below. The list is not exhaustive:
•Preparing tendering documents – the MA needs to prepare tendering documents for services that are complicated and for which the cost may be up to 250.000 EUR. Support when drafting the Terms of Reference or preparing the decision may be needed or if a bidder complains.
•Contracts with service providers – in case of legal dispute, the MA would need support in legal advice and further actions.
•Contracts with projects – a Subsidy Contract is signed with each approved project. The Contract sets out the terms and conditions for receiving ERDF support. In case of dispute, the MA would need support.
•Disputes with applicants/beneficiaries – Projects may disagree with the reasons for rejecting a project or rejection of reported costs. Costs have to be in line with programme manual and general rules of EU sound financial management – there can be cases where rejection of the costs can cause legal dispute. The matters may differ from simple questions related to individual costs or court cases with the dispute over the public procurement cases which need legal opinion end expertise. Public procurement related interpretations may be the most typical case where different opinions arise.
The AA foresees needs for legal advice when audited project (Project partner or Lead Partner) disagree with the Auditors opinion or such cases arise that legal explanation is needed to come to the conclusion about the costs and services reported by the project where the AA or the auditor have not special knowledge about cases such as:
•Public procurement
•National legislation special cases
•Taxation laws
•Preparation of legal answer to European Commission in case of dispute and legal explanations
•Preparing tendering documents
3 Duration and timing
The expected need would be 5-20 days/year until the year 2023. The MA would contact the service provider in the agreed-upon way in each relevant case and provide information about the matter at hand. The MA also commits itself to keeping the service provider informed of any foreseen needs by providing a bi-annual overview of matters at hand and foreseen developments.
When the need for legal advice arises, the service provider shall give an estimate of required working time. The estimate may be adjusted during the process, if deemed necessary.
The service provider must guarantee as a minimum that work estimated to require 1 working day can be performed within 1 month of the request. Similarly, work estimated to require more than 1 working day shall be started within 1 month of the request. In matters of extreme urgency a response is expected sooner than the defined deadline.
3 Terms of Payment
Payments will be made based on invoices specifying the work done and the corresponding cost, as specified in this offer. The payment schedule shall be agreed upon when the need for legal services arise. Up to three payments per year is the preferred invoicing frequency. |