23.09.2013

Modernization of the European Public Procurement Legislation


A political agreement on the text of all three Procurement directives was reached in the trilogue negotiations in June 2013, the adoption in the EP plenary session and in the Council are scheduled for January 2014, the formal signatures for February 2014 and the entry into force approximately for March 2014 (20 days after publication in the official journal). The implementation period is 2 years. 

http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2011/0438%28COD%29

Most important achievement for the ECEC is a clear shift towards the most economically advantageous tender as award criterion in the Directive: According to Art 66 Point 1 without prejudice to national laws, regulations or administrative provisions contracting authorities shall base the award of public contracts on the most economically advantageous tender. This shall be identified on the basis of the price or cost, using a cost-effectiveness approach, such as life-cycle costing and may include the best price-quality ratio.  The cost element can also be a fixed price on which a pure quality competition takes place.  Additionally it is clarified in the article that member states are free to regulate on national level that contracting authorities may not use price only or cost only as the sole award criterion or restrict their use to certain types of contracts – which means that price only could be completely forbidden for intellectual services on national level.

It can be seen as a success of manifold lobbying activities of many organisations that the problematic regulation in Art. 1 that  an entirety of works-, supplies- and services have to be counted together for the thresholds even when procured with different contracts if the contracts are part of one „project” was deleted.

The ECEC argumentation that the negotiated procedure is the best procedure for intellectual can at least be found in Whereas 15 a, which stresses the benefit of the use of such a procedure for services that are connected with design and innovative solutions.