E-procurement in the EU: Impulse from the Commission Julia Ferger European Commission Public Procurement Policy/e-procurement.

e-procurement in the EU: Impulse from the Commission

Julia Ferger

European Commission

Public Procurement Policy/e-procurement

Contents

• New legal framework and Action Plan on e-procurement (DG Internal Market and Services)

• Initiatives of the IDA/IDABC programme (DG Enterprise and Industry)

General framework

Defining e-procurement: the legal framework

ELECTRONIC MEANS ON AN EQUAL FOOTING with WRITTEN MEANS

FULLY ELECTRONIC PROCEDURES ALLOWED

NEW PURCHASING PRACTICES: Framework agreements, Dynamic Purchasing Systems, Electronic Auctions

GENERAL REQUIREMENTS SET FOR:Communicating and receiving offers electronically

FLEXIBLE TECHNOLOGY NEUTRAL FRAMEWORK

Scope of EU procurement rules

Contracting

Ordering Billing

Monitoringof

Contract

Outside the scope of EU

procurement Directives

E-commerce Directive

Electronic Signature

E-invoicing Data protection

Tender Notification

Contract specification

BiddingReceipt of

offers

Offer evaluation

Contract award

Choice oftender procedure

Thresholds/Rules of aggregation

Shortened

delays for online notices

New models

for Publication

in OJEU

E- accessto tender

documents

Online bidding (e-auctions)

Data integrityConfidentialityNon- discriminationAuthentication

AutomatedSelection

andAward

Electronic Purchasing Methods

General principles DECISION TO USE ELECTRONIC MEANS IN PROCUREMENT

RESPONSIBILITY OF BUYERS

ALL STAGES OF THE PROCEDURE CAN BE CONDUCTED ELECTRONICALLY

(Documents, Certificates, Attestations and Declarations could continue to be submitted in paper if not available electronically)

FUNDAMENTAL PRINCIPLES: NON-DISCRIMINATION, EQUAL OPPORTUNITIES, TRANSPARENCY AND FAIR COMPETITION

and ALL DIRECTIVES’ RULES SHOULD BE RESPECTED

PROCEDURAL RULES FORESSEEN FOR ONE-OFF AND REPETITIVE PURCHASES

CONDITIONS SET FOR: COMMUNICATING ELECTRONICALLY,RECEIVING OFFERS AND CARRYING OUT ELECTRONIC AUCTIONS

TimetableMay 2000 LEGISLATIVE PACKAGE PROPOSED BY THE

COMMISSION- CLASSIC DIRECTIVE (SUPPLIES, SERVICES, WORKS)- UTILITIES DIRECTIVE

Feb 2004 FINAL ADOPTION OF THE LEGISLATIVE PACKAGE

Apr 2004 ENTRY INTO FORCE OF THE NEW DIRECTIVES

Dec 2004 ADOPTION OF ACTION PLAN ON E-PROCUREMENT

31 Jan 2006 TRANSPOSITION BY MEMBER STATES (21 months)

Action Plan: Objectives

• Ensure a well functioning Internal Market in electronic public procurement

• Achieve greater efficiency in procurement, improve governance and competitiveness

• Work towards international framework for e-

procurement

I – A well functioning Internal Market

Implement the legal framework correctly and on timeImplement the legal framework correctly and on time Correct understanding, correct implementation, Correct understanding, correct implementation, timely implementation, transparency, enforcementtimely implementation, transparency, enforcement

Complete the legal framework by the appropriate tools Complete the legal framework by the appropriate tools Fully electronic standard forms, improved CPV

Remove/prevent barriers to electronic public procurementRemove/prevent barriers to electronic public procurementA. Validate functional requirements A. Validate functional requirements B. Adjust operational e-procurement systemsB. Adjust operational e-procurement systemsC. Deal with e-signature problemsC. Deal with e-signature problemsD. Study feasibility of EU wide compliance certification schemeD. Study feasibility of EU wide compliance certification scheme

Detect and address interoperability problems over timeDetect and address interoperability problems over time

II - Efficiency, improved governance and competitiveness

Efficiency and governance of public procurement markets Efficiency and governance of public procurement markets Accelerate digitisation through national plans for e-procurement, through national plans for e-procurement, develop interoperable tools for e-transactions, develop statisticsdevelop interoperable tools for e-transactions, develop statistics

Increase competitiveness of public procurement marketsIncrease competitiveness of public procurement marketsCut red tape, increase transparency, standardise documents and exchanges, promote awareness and access for SMEs

III - International framework

Prevent/remove international barriers Prevent/remove international barriers Pursue and conclude GPA negotiations, promote international Pursue and conclude GPA negotiations, promote international standardisation and use of common classificationsstandardisation and use of common classifications

Establish international co-operation/dialoguesEstablish international co-operation/dialoguesEstablish bilateral agendas, promote European model in cooperationwith MDBs and in technical assistance to third countries

The role of IDA

• Complement and support the implementation of the new Directives and the framework for e-procurement

• Prevent emergence of ‘e-barriers’

• Facilitate use of interoperable solutions and tools

• Practical and pragmatic objectives

IDA activities

• State-of-the-Art study• Functional requirements report• Learning demonstrators (static and dynamic)• Modelling of procedures and information

exchanges• Common tools and generic services• Awareness, exchange, promotion of

common understanding and best practice

State of the art study

• Overview over existing e-procurement systems in Europe (8 countries – 15 systems)

• Description, identification of concepts and best practices

• Starting point for work on functional requirements

Functional requirements‘Translation’ of Directives’ legal requirements into indicative

functional guidelines

• Volume 1– Functional requirements (description of procedures and

procurement phases, actors and workflows– Possible technical solutions and technical architecture– Non-functional requirements– Open issues

• Volume 2– Use case studies : one-off purchases, Dynamic Purchasing

Systems, Framework Agreements

• Published March 2005

Learning demonstrators

Static demonstrators• Series of static screens• Overview over procedures, phases, actors

Dynamic demonstrators• Simulate all functions under the main

procurement procedures• Can be re-used, translated• Propose specific user interfaces• Available for download

At a glimpse ...

Explanatory Bar

Secondary Navigation(following ad-hoc user request)

Primary Navigation(following guided tour –

links/buttons highlighted in red)

GUI simulating a fully functional eProcurement system

Explanation of user’s intention(when following guided tour)

Modelling of procurement processes and information exchanges

• Schemas using XML and UML– E-ordering/e-invoicing– E-tendering/e-awarding– Electronic catalogues

• Cooperation with :– CEN/ISSS– UN/CEFACT– OASIS

What Next?

• Action Plan– Interpretative Document

• IDA continued under IDABC 2005-2009– Proposal by the Commission– Proposals by Member States

Conclusion

• Political commitment

• Legal framework

• Organisation

• Technical aspects

• Economic aspects

Information

• Action Plan on e-procurement: Europa e-procurement pages: http://europa.eu.int/comm/internal_market/publicprocurement/e-procurement_en.htm

• IDA/IDABC e-procurement

http://europa.eu.int/idabc/eprocurement

THANK YOU

Contacts

Action Plan: [email protected]

CPV: [email protected]

IDA/IDABC: [email protected]