00:36:42 Aman Ullah Bhatti: can we undertake direct contracting in the wake of existing emergency 00:41:56 Vadim Turcan: Hi 00:42:10 Vadim Turcan: Amaullah 00:42:40 Vadim Turcan: me Dadlo Zuhrani from Italy 00:49:50 Gian Luigi Albano: @Aman. This is normally provided for 00:53:17 Johannes Schnitzer: Many countries are currently permitting types of emergency procurement (e.g. sole-sourcing, higher thresholds) in the face of the CoVID-19 crisis allowing for simplified ways to help governments. For instance, in the EU public entities are free to use a so-called “negotiated tender procedure without prior publication in case of extreme urgency”. It seems that case law in many EU member states requires a certain degree of competition even in case of an “negotiated tender procedure without prior publication”, i.e., typically to invite three companies to conduct (competitive) negotiations. If this is true, why is, for instance, the UK allowing for sole-sourcing (i.e. direct awards) in this instance (see here)? Wdyt? Thanks 00:55:37 Gian Luigi Albano: @Johannes. In Italy we have adopted exactly that strategy, namely negotiated tender procedure without prior publication in case of extreme urgency with all suppliers that were already registered on our e-marketplace 00:58:26 Laurence Folliot Lalliot: Same in France 00:58:41 Gian Luigi Albano: @Taha Abed. Restrictions? What do you mean? 01:02:32 Gian Luigi Albano: @Giovanni Masiello. Need more one line. I will take note 01:03:55 Gian Luigi Albano: @Giovanni. Let’s keep in touch in any case. gianluigi.albano@consip.it or gla@gianluigialbano.com 01:04:54 Johannes Schnitzer: Thanks. Interesting to see that the recently published UK guidance speaks of "direct awards", i.e., seems to allow to directly enter into contracts without any involvement of other companies (see https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/873521/PPN_01-20_-_Responding_to_COVID19.v5__1_.pdf) 01:06:09 Gian Luigi Albano: @Tunde. DPS has a limited power as you need to use a restricted procedure and we did not have all suppliers on different DPSs. The e-marketplace also covers below-the-threshold contracts, so we can have access to many more firms 01:10:07 Miguel Assis Raimundo: Laurence, "same in France" means that you also use negotiated procedure with all the suppliers in e-Marketplace as Gian Luigi mentioned? In Portugal we implemented legislation pointing at single-source 01:11:11 Miguel Assis Raimundo: @Gian Luigi, wasn't it complicated to send the notices for a multitude of suppliers? Didn't you receive a lot of bids, lose time evaluating, etc.? Or was that not a relevant point? 01:14:42 Gian Luigi Albano: @Miguel. In fact, we adopted a multi-source award by using the lowest price award criterio. Tech specs were set high enough to meet doctors’ requirements and the reserve price was set fairly higher than under normal circumstances. 01:20:03 Miguel Assis Raimundo: @Gian Luigi, thanks for the reply. Another query, did you lot (e.g., geographically), or award big contracts to a single EO? I'm asking this because at least in Portugal, negotiated procedure with more than one EO takes considerably more time than single-source, because of the litigation stimulae 01:24:51 Gian Luigi Albano: @Miguel. Product lots only, but multi-award per single lot 01:28:43 Gian Luigi Albano: @Miguel. Geographical lots do not work as you need to ship things where they are mostly needed 01:29:37 Gian Luigi Albano: @Chryssoula. Do not know. 01:32:42 Baiba Gulbe: For note! Transport costs may be significant if the product is purchased for several countries together. The price of one unit will be difficult to fix in such a situation. 01:35:31 Christopher Yukins: Please feel free to type here suggestions for future programs, or to contact me at cyukins@law.gwu.edu. Thanks.