Discriminatory practices in public procurement of ICT Putting figures on the map
Aug 02, 2015
Discriminatorypractices in public
procurement of ICTPutting figures on the map
Discrimination inpublic procurement of
IT leads to...Vendor lock-in ;Higher expenses ;Loss in control and flexibility ;Market distortions.
How do youmeasure
discrimination?
Our shadows on thewall of the cave :
brand name references
What the law says
“ Unless justified by the subject-matter of the contract, technical specifications shall
not refer to a specific make or source, or a particular process which characterises the
products or services provided by a specific economic operator, or to trade marks, patents,
types or a specific origin or production with the effect of favouring or eliminating certain
undertakings or certain products. Such reference shall be permitted on an exceptional
basis, where a sufficiently precise and intelligible description of the subject-matter of the
contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by
the words ‘or equivalent’.
Directive 2014/24/EU (and before that Directive 2004/18/EC) :
Our methodologyExtracts of tender notices posted on TED ;“Software package and information systems” ;3 months period ;Usually around 600-900 tender notices ;Full methodology & detailed resultsavailable upon request.
here
Findings
Taking a closer look
What brands?
Which countries?Proportion of tender notices with a discriminatory impact, by countries, in percentage
A fewrecommendations
Don't use brand name references (obviously),but don't limit yourself to removing them !Prefer using Open Standards ;Education, education, education ;Look at and learn from what is happening in
.other administrations
https://slides.com/maeligLink to Procurement Reports