The Modernisation of EU public procurement policy

The Modernisation of EU public procurement policy

The Single Market Act commitment“Revised and modernised public procurement legislative framework, with a view to underpinning a balanced policy which fosters demand for environmentally sustainable, socially responsible and innovative goods, services and works. This revision should also result in simpler and more flexible procurement procedures for contracting authorities and provide easier access for companies, especially SMEs.”

Preparatory works

•Comprehensive evaluation of the impact and effectiveness of EU public procurement legislation (published 24.06.2011)

•Public consultation by Green Paper on the modernisation of EU public procurement policy, (synthesis of replies published 24.06.2011)

• Conference on the modernisation of EU public procurement policy (30.06.2011)

Trade-offs

Simpler/ more flexible procedures

Better access (SMEs, cross-border trade)

Sound procedures

Strategic use

Governance / professionalization of procurement

Simplification

Simplification - Green Paper replies

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Increase thresholds Allow more negociation Simplify evidence forqualification of bidders

Clarify public-publicexemption

Clarify rules onsubstantial

modifications

Member States Businesses Public authorities Civil society Average

Simplification – possible measures

• Generalized use of negotiated procedure with prior publication

• Alleviations for small contracting authorities (PIN, flexible deadlines)

• Reduce documentation: self-declarations; European procurement passport

• Step up e-procurement: simplify DPS, procedures of CPBs fully electronic

• General shortening of deadlines

Strategic use of public procurement

Strategic use – Green Paper replies

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Introducing "what tobuy" obligations

Abandoning link withsubject-matter

Specific regime forsocial services

Promote innovation Specific problems forcross border joint

procurement

Member States Businesses Public authorities Civil society Average

Strategic use – Social considerationspossible measures

• No obligations on “what to buy” at EU level

• No abandoning of link to the subject matter, but possible softening

• Enabling measures: LCC, production processes (including labour conditions)

Strategic use: social servicespossible measures

- Special light regime for social services with a possible higher threshold

- Presumption of absence of cross-border interest below Directive’s thresholds

- Explicitly enable contracting authorities to better take into account quality and the specificities of social services

Better access – in particular for SMEs and start-ups

SMEs - Green Paper replies

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Mandatory division into lots Introduction of a turnover cap

Member States Businesses Public authorities Civil society Average

SMEs and start-ups – Possible measures

• Exhaustive list of requirements for selection criteria

• Turnover cap

• Mandatory splitting into lots?

• Measures on subcontracting (e.g. direct payments)?

Sound procedures

Governance Professionalization of procurement

Further information

http://ec.europa.eu/internal_market/

publicprocurement/index_en.htm