e-procurement in the 2014 eu directives on public procurement public procurement reform in ukraine...
TRANSCRIPT
E-procurement in the 2014 EU Directives on Public
Procurement
PUBLIC PROCUREMENT REFORM IN UKRAINE 27 May 2015
Matija MatokovićDG GROW E4
E-procurement: definition
• “Carrying out of public procurement by electronic means (i.e. using electronic tools)”
• Numerous different interpretations of ‘electronic’:o Scanned paper (e.g. PDF), sent as attachment via email?o Making documents available online for downloading (and printing)?o Manual entry of data into a portal/platform?o Transfer of fully structured information sets (e.g. XML files, EDI)?
• Some phases of public procurement more ‘e-able’ than others (e.g. access vs. evaluation)
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E-procurement in the EU context
• Part of a broader EU policy agendao Building a true Digital Single Market
• Reform of public procurement Directives / ‘end-to-end e-procurement’
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E-procurement: a complex problem
• Opportunity to rethink PP:o Moving beyond the lowest price quality – how to focus on
quality?• Designing the best e-procurement system:
o Commercial vs. public?o Centralised vs. decentralised?o Buying vs. developing?
• E-procurement systems are not exempt from PP rules
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E-procurement is a game changer…
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* Depending on the availability of the European standard
Busy years ahead!
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• e-Notification:o Notices shall be drawn up & transmitted by electronic means to the
Commission and published in TED – Art. 51o New version of the standard forms
• e-Access:o Full electronic availability of procurement documents – Art. 53
o From the date of publication of the noticeo List of exceptions
• e-Submission: o Tenders to be submitted electronically – Art. 22
o List of exceptions (technical issues, security issues)
• e-Invoicing – Directive 2014/55/EU
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What has been agreed on so far at EU level?
• e-Catalogues:
o CA can mandate them for certain specific issues o CA may require that tenders are presented in the form of an electronic
catalogue• Specific rules for purchasing through Central Purchasing
Bodies (CPBs)o All procedures conducted by CPBs to be performed using electronic
means as of April 2017o Aggregators have a major leverage in the take up of e-procurement
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What has been agreed on so far at EU level?
• e-Tools/devices used must be non-discriminatory, generally available, and interoperable
• Commission may adopt delegated acts to address issues of interoperability (e.g. technical formats, messaging)o Can impose standards, but very tough conditions for doing so
o Proven problems of interoperabilityo Standard must already be in use and testedo COM to consider costs of adaptation of existing systems
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What has been agreed on so far at EU level?
Benefits for public authorities• Contributes to the modernisation of the public sector
o More citizen- and business-friendly administrationo Greater efficiency and effectiveness
• Potential for significant savingso Simplification of processeso Better prices due to increased competition
• Creates new business opportunities for enterpriseso Greater competition
• Helps to reduce fraud & corruption o Greater transparency, greater security of data, better control
mechanisms
• Reduces risk of litigation10
Issues for public authorities• Which model to choose?
o Centralisedo Decentralised
• Development of systems: In-house, Buy off the shelf, SaaS (Software as a service; private providers)
• Ensuring administrative capacity
• Communication and coordination with other parts of the public administration
o Access to data
• Dealing with legacy systems
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Benefits for economic operators
• Administrative simplification/cutting red tapeo Simplification of processeso Process automation and spill over to other PA areas
• Shorter purchase-to-pay cycleo Quicker payments
• Easier access to PP markets, especially SMEso Increased opportunities o Increased competition
• Greater accountability in the public sectoro Greater transparency, greater traceability, better control mechanisms
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Issues for economic operators
• Available training and education
• Trust in the available systems
• Lack of interoperability among platforms
• Institutional inertia i.e. unwillingness to change
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Electronic means of communication in public procurement
• Directive 2014/24/EU• E-access:
o Obligatory full e-access though generally available means or ensured alternative means of access
o If using provisional tokens, they should be made available free of charge online or support an alternative channel
• E-submission o Obligatory (there are exceptions)
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Electronic means of communication in public procurement
• Six exceptions:o Tools, devices, or file formats not generally availableo IPR-related issueso Specialised office equipment (e.g. wide-format printers)o Submission of a physical or scale modelo Protection of particularly sensitive informationo Breach of platform security
• Exceptions can be catered for through post, carrier or a combination with possibly eMeans
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eSubmission
• Electronic tenders must be received by eTendering solution within deadline
• Economic operators receive a proof of delivery upon successful submission of their tender
• Economic operators can resubmit their tenders up until the submission deadline
• eTendering platforms keep tenders encrypted until the opening session
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How does the Commission support the transition to e-procurement?
• Ensuring correct transposition of e-procurement legislation
• Multistakholder Forums: EXEP and EMSFEI
• Structural funds (training and infrastructure)
• Connecting Europe Facility (CEF)
• Revision of standard forms (version 1)
• European Single Procurement Document (ESPD)
• E-Certis 2.0
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Future
• Interoperability between eTendering systemso EO can use one communication tool to search for opportunitieso EO can use this communication tool as well to retrieve procurement
documentso EO can use this tool to submit bids electronically
• Interoperability in eSubmission and eAccess wil be piloted within the large scale project eSENS
Smart Public Procurement: new frontiers for public procurement
• The fourth annual conference on public procurement is taking place on 12 June 2015 in Prague, Czech Republic. The theme is smart public procurement
• It is organised by the European Commission and the Czech Ministry of Regional Development
Registration link:
http://europa.eu/newsroom/calendar/events/2015/06/12_smart_public_procurement_en.htm
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