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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)
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e-procurement in the EU: Impulse from the Commission Julia FergerEuropean CommissionPublic 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)
Political Organisational Effective e-procurement Technical Legal Economic 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
Contract specification Tender Notification BiddingReceipt of offers Offer evaluation Contract award Choice of tender procedure Thresholds/ Rules of aggregation Shortened delays for online notices New models for Publication in OJEU E- access to tender documents Online bidding (e-auctions) Data integrity Confidentiality Non- discrimination Authentication Automated Selection andAward Electronic Purchasing Methods Scope of EU procurement rules Contracting Ordering Monitoring ofContract Billing Outside the scope of EU procurement Directives E-commerce Directive Electronic Signature E-invoicing Data protection
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
Timetable May 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 time • Correct understanding, correct implementation, timely implementation, transparency, enforcement • Complete the legal framework by the appropriate tools • Fully electronic standard forms, improved CPV • Remove/prevent barriers to electronic public procurement • A. Validate functional requirements • B. Adjust operational e-procurement systems • C. Deal with e-signature problemsD. Study feasibility of EU wide compliance certification scheme • Detect and address interoperability problems over time
II - Efficiency, improved governance and competitiveness Efficiency and governance of public procurement markets Accelerate digitisation through national plans for e-procurement, develop interoperable tools for e-transactions, develop statisticsIncrease competitiveness of public procurement markets Cut red tape, increase transparency, standardise documents and exchanges, promote awareness and access for SMEs
III - International framework Prevent/remove international barriers Pursue and conclude GPA negotiations, promote international standardisation and use of common classifications Establish international co-operation/dialogues Establish 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
Secondary Navigation (following ad-hoc user request) Primary Navigation (following guided tour – links/buttons highlighted in red) Explanation of user’s intention (when following guided tour) Explanatory Bar GUI simulating a fully functional eProcurement system At a glimpse ...
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: Julia.Ferger@cec.eu.int CPV:olivier.coppens@cec.eu.int IDA/IDABC:ida-central@cec.eu.int