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add changes to the profile that have been discussed in this morning's…
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gabrieledall committed Jan 23, 2024
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14 changes: 7 additions & 7 deletions guides/profiles/p012/images/bpmnQualificationResponse.svg
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8 changes: 4 additions & 4 deletions guides/profiles/p012/introduction.adoc
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Expand Up @@ -8,11 +8,11 @@ This {link-peppol} BIS provides a set of specifications for implementing a {link
.Relationship between BII profiles and PEPPOL BIS
image::../../../shared/images/BII_relationship.png[align="center", width=600]

The {name-profile} describes electronic messaging support for the business process of sending a response to the qualification of an economic operator by a contracting authority. In case the qualification request ist rejected, sending a rejection resopnse is obligatory, otherwise sendig a positive response to the qualification ist optional and could be replaced by directly sending out the invitation to tender. Good communication practice shall request a positive response to those qualification requests that are not directly followed by an invitation to tender. The qualification response is intended for use by businesses and purchasing authorities in procedures where access to participation is restricted to qualified economic operators. The key aspects covered by this BIS are:
The {name-profile} describes electronic messaging support for the business process of sending a response to the qualification of an economic operator by a contracting authority. If the qualification request has to be rejected, a rejection response is obligatory. In therms of sending a positive response to the qualification, the qualification response is optional and could be replaced by directly sending out the invitation to tender. Good communication practice should favour a positive response to those qualification requests that are not directly followed by an invitation to tender. The qualification response is intended for use by businesses and purchasing authorities in procedures where access to participation is restricted to qualified economic operators. The key aspects covered by this BIS are:

* Pre-condition: An economic operator has submitted its qualification documents to a contracting authority as specified in the Call for Tender documents using PEPPOL BIS {P011}. The contracting authority evaluates the qualification information and needs to report its decision, positive or negative, to the economic operator.
* Optional: In the case of a positive qualification response the contracting authority may continue with the tendering process without sending a positive qualification response before. Usually the positive qualification response is expressed by the invitation to submit a tender (not in scope of this BIS) covered by PEPPOL BIS {P013}.
* In scope: PEPPOL BIS {P012} is essential to inform any economic operators who have been rejected in the qualification. This PEPPOL BIS {P012} provides capabilities to inform an economic operator that his qualification has been rejected and that the economic operator is excluded from the procedure by the contracting authority.
* Pre-condition: An economic operator has submitted their qualification documents to a contracting authority as specified in the Call for Tender documents using PEPPOL BIS {P011}. The contracting authority evaluates the qualification information and needs to report their decision, positive or negative, to the economic operator.
* Optional: In case of a positive qualification response the contracting authority may continue with the tendering process without sending a positive qualification response before. When invitations to tender do directly follow the qualification decisions, sending out the invitation to submit a tender (not in scope of this BIS) covered by PEPPOL BIS {P013} is another form of positive responding to the qualification request of the selected economic operators.
* In scope: PEPPOL BIS {P012} is essential to inform those economic operators who have been rejected from the tendering process following the qualification. This PEPPOL BIS {P012} provides capabilities to inform an economic operator that his qualification has been rejected and that the economic operator is excluded from the procedure by the contracting authority.

In an open procedure this profile is *not* used but the qualification is sent together with the tender, an economic operator submits. In open procedures evaluation results are communicated in PEPPOL BIS {P009}.

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4 changes: 3 additions & 1 deletion guides/profiles/p012/principles/index.adoc
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Expand Up @@ -8,10 +8,12 @@ This chapter describes the principles and assumptions that underlie the use of {
NOTE: The {link-profile} document is available from your national standardization body.

The intended scope for this profile includes public procurement, but the profile may also be used in Business to Business (B2B) relations.
The name differences between {name-profile} and {link-profile} result in the fact, that there could be some edge cases in public procurement, that would also need to send out positive qualification responses instead of restricting this profile only to rejecting answers.

This profile is intended to support transmission of electronic documents for processing in (semi-)automated processes. The legal requirements that were taken into account are requirements from European legislation, in particular the {2014-23-EU}, {link-eu-directive}[Directive 2014/24/EU]
This profile is intended to support transmission of electronic documents for processing in (semi-)automated processes. The legal requirements that were taken into account are requirements from European legislation, in particular the {2009-81-EC}, {2014-23-EU}, {link-eu-directive}[Directive 2014/24/EU]
and link:http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN[Directive 2014/25/EU]


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include::../../../shared/tendering.adoc[]
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Expand Up @@ -7,7 +7,9 @@ For the {link-peppol} BIS all non-functional requirements are applicable as docu
|===
| Req. ID | Requirement statement
| br51-001 | The contracting body shall inform candidates who failed to meet the exclusion and/or selection criteria of the reasons why they failed before the award decision.
| br51-002 | The contracting body shall inform all unsuccessful tenderers simultaneously and individually of the reasons why they failed.
| br51-003 | The contracting body shall inform the tenderer of the rejection of their qualification.
The contracting body may also inform those candidates whose qualification requests have been accepted. This should be good practice in those cases when qualification is directly followed by any invitation to tender (e.g. when using a DPS).
| br51-002 | The contracting body shall inform at least any unsuccessful tenderer simultaneously and individually of the reasons why they failed.
In case of a positive qualification response, a reason may be left out.
| br51-003 | The contracting body shall inform any unsuccessful tenderer of the rejection of their qualification.
| br51-004 | The contracting body shall specify that the notification does not imply any commitment on behalf of the contracting body.
|===
2 changes: 1 addition & 1 deletion guides/profiles/p012/process/index.adoc
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Expand Up @@ -19,7 +19,7 @@ image::../images/bpmnQualificationResponse.svg[align="center", width=800]
.Role description
|===
| Activity | Role involved | Description
| Send qualification rejection | Contracting body | The contracting body sends an electronic qualification rejection to those economic operators that will be excluded from the further tendering process due to qualification mismatch.
| Send qualification rejection | Contracting body | The contracting body sends an electronic qualification rejection to those economic operators being excluded from the further tendering process due to qualification mismatch.
| Receive qualification rejection | Economic operator | The economic operator receives the qualification rejection.
|===

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1 change: 1 addition & 0 deletions guides/shared/links.adoc
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:2014-23-EU: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014L0023[Directive 2014/23/EU]
:2014-24-EU: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A32014L0024[Directive 2014/24/EU]
:2014-25-EU: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A32014L0025[Directive 2014/25/EU]
:2009-81-EC: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A32009L0081
:espd-reg: https://eur-lex.europa.eu/eli/reg_impl/2016/7/oj[Commission Implementing Regulation (EU) 2016/7]

// ESPD
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2 changes: 1 addition & 1 deletion guides/shared/tendering.adoc
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Expand Up @@ -11,7 +11,7 @@ Official notification through publishing bodies is part of many procurement proc

eNotification covers the transfer of electronic procurement notices for publication and dissemination with the ultimate aim of opening business opportunities. eNotification profiles are addressed to all those who exchange procurement notices for publication and further information processing. eNotification is therefore generally addressed to eTendering Plattform Providers, Contracting Bodies, publishers, print shops, information brokers or monitoring or statistical services. eNotification can be carried out at various levels and between different levels (regional, state, European etc). The legal obligation of publishing notices at the correct level is the responsibility of the contracting bodies.

The content model of procurement notices in Europe is based on {eform-reg} and upon {2014-23-EU}, {2014-24-EU} and {2014-25-EU} and their annexes, particularly the annex describing the standard forms to be used for the publication of procurement notices. eForms are at the core of the digital transformation of public procurement in the EU. Through the use of a common standard and terminology, they can significantly improve the quality and analysis of data. Well-implemented eForms increase the ability of businesses and other organisations to find opportunities. They will also reduce the administrative burden for buyers, increase the ability of governments to make data-driven decisions about public spending, and make public procurement more transparent.
The content model of procurement notices in Europe is based on {eform-reg} and upon {2014-23-EU}, {2014-24-EU}, {2014-25-EU} and {2009-81-EC} and their annexes, particularly the annex describing the standard forms to be used for the publication of procurement notices. eForms are at the core of the digital transformation of public procurement in the EU. Through the use of a common standard and terminology, they can significantly improve the quality and analysis of data. Well-implemented eForms increase the ability of businesses and other organisations to find opportunities. They will also reduce the administrative burden for buyers, increase the ability of governments to make data-driven decisions about public spending, and make public procurement more transparent.

eNotification covers the electronic transfer of electronic notices for publication and dissemination services. The publication of notices is executed between a contracting body or his representative and a publisher. CEN WS/BII 3 profiles {BII14} (CWA 17026-102), {BII10} (CWA 17026-101) and {BII43} (CWA 17026-103) describe the exchange of notices between a contracting body or his representative and a publisher. In Peppol, these profiles are covered by the Peppol BIS {P008} which provides electronic messaging support to publish a prior information notice, a contract notice or a contract award notice. Thus, Peppol BIS {P008} helps contracting bodies to announce business opportunities and contract awards in public procurement procedures.

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