1 of 16

�E-procurement in the new Public Procurement Directives�

Explanatory meeting

6 December 2018

Isabel Rosa

e-procurement and economic analysis of procurement markets

2 of 16

Gradual transition to mandatory eProcurement

2

eESPD

eCertis

TED

4/2016

10/2018

4/2019

4/2018

4/2016

3 of 16

3

E-submission

Six exceptions:

Tools, devices, or file formats not generally available
IP-related issues
Specialised office equipment (e.g. wide-format printers)
Submission of a physical or scale model
Protection of particularly sensitive information
Breach of platform security

CA can limit to the size of file format

Oral communications OK for non-essential elements (but sufficiently documented!).

4 of 16

State of Play�Digitised public procurement phases above thresholds


																												e-Payment
																												e-Invoice
																												e-Ordering
																												e-Award
																												e-Evaluation
																												e-Submission
																												e-Access
																												e-Notice
AT	BE	BG	CY	CZ	DE	DK	EE	EL	ES	FI	FR	HR	HU	IE	IT	LT	LU	LV	MT	NL	PL	PT	RO	SE	SI	SK	UK

4

Legend:

Green = Available
Blue = In development or partly implemented

How to read this:

This capability is available
If there are several solutions, at least one of them offers this capability
It does not indicate the quality
It doesn’t mean that the capability covers the all county

To understand the state of play of the digitisation in the EU we launched a survey in 2016. This information has been updated with the information from the national workshops.

We have the digitisation phases in the left and the countries abbreviation in the bottom.

8 countries have already solutions in place that cover the full life cycle. However this doesn’t mean that these solutions cover the all country. For example in Spain the at central level the solution covers the full life cycle but at regional level there are a lot assimetric realities and the digitisiation is much lower in a few cases. On the other hand the case of Portugal the solutions available cover the all country because electronic procurement is mandatory since 2008.

Online access to notifications and to tender documents are widespread in all MS (the few gaps e.g. CZ e-notices or HU e-access - are due to inaccurate replies as are in contrast with previous surveys).

The availability of e-submission covers 20 MS and this is rather positive. The MS who have still to implement it are BG, CZ, HU, LV (implementation is under way), PL, SI and UK (although it is already available in Scotland and Wales).

5 of 16

5

E-signature

MS and CA to carry out a risk assessment

High level not necessary for access to tender documents, notification, etc

Mutual recognition of e-signatures on the Trusted Lists

Other formats: document carrier include link with validation possibilities (CA to validate online, free of charge)

6 of 16

6

Tools/devices, delegated acts

Public works: MS may require the use of specific tools (building information modelling tools) but CA to offer alternative means of access until become generally available

CAs to offer alternative means of access: keep the tool open!

If not, provisional tokens
Alternative channels for the electronic submission of tenders.

COM empowered to adopt delegated acts to address interoperability across the EU (technical formats/messaging):

7 of 16

European Single Procurement Document (ESPD)

7

Objective: lessen administrative burden

Commission Implementing Regulation (EU) 2016/7 of 5 January 2016 establishing the standard form for the European Single Procurement Document

Mandatory for all PP > EU thresholds (concessions excluded)

Electronic format mandatory since April 2018.

https://ec.europa.eu/tools/espd/filter?lang=en

Consisting of an updated self- declaration as preliminary evidence in replacement of certificates issued by public authorities or third parties confirming that the relevant economic operator fulfils the required conditions (suitability, financial status and abilities.)

8 of 16

27/01/2012

8

9 of 16

9

eCertis�(https://ec.europa.eu/tools/ecertis/search)

EU + EEA + some enlargment countries

Updating compulsory: MS to constantly keep up-to-date eCertis

Data extention:
European Single Procurement Document - Art. 57b(3)
Official declarations at Art. 57a(2)
List of databases: Article 57(4)
CAs to require primarily types of certificates covered by eCertis

Time line: updating: entry into force

Online database with the characteristics of the documents requested in the Member States of the European Union during the formation and performance phases of public contracts.

10 of 16

eCertis Data - State of Play

27/01/2012

10

11 of 16

11

Techniques for electronic procurement �(Art. 32-34)

Dynamic Purchaising System (DPS): existing procedure streamlined

restricted procedure
no indicative tenders, no simplified notices, no max. duration
evaluation: 10 working days

Electronic auction: essentially unchanged

E-catalogue: standardised presentation of tenders, specific for a given procedure

12 of 16

�State of Play�Functionalities availability in the MS


																												eESPD
																												eContract Registers
							1																					eAuctions
																							1					eDPS
																						1						eCatalogues
																												eSignature
																												OOP in eProc
AT	BE	BG	CY	CZ	DE	DK	EE	EL	ES	FI	FR	HR	HU	IE	IT	LT	LU	LV	MT	NL	PL	PT	RO	SE	SI	SK	UK
											(Above thresholds)

Legend:

Green = Available
Blue = In development or partly implemented

How to read this:

This capability is available
If there are several solutions, at least one of them offers this capability
It does not indicate the quality
It doesn’t mean that the capability covers the all country

13 of 16

New Standard Forms

Objectives:

More accurate information (e.g. definitions)
Simpler to use and implement (e.g. harmonized)
More flexible (e.g. lots, labels, optional fields)
More relevant (e.g. green procurement)
More universal (e.g. below threshold, ESPD)

Outputs:

A implementing regulation

ForeseenTimeline:

ESWG meeting (10 Dec 2018)
Adoption (March 2019)
Technical files (XSD) available (March 2020)
Implemented (March 2022 ?)

27/01/2012

13

14 of 16

14

Other Directives

Concessions Directive: "light regime"

No mandatory use of e-submission… but
E-notification mandatory
E-Access still applies (with some restrictions)
General principles (generally available, non-discriminatory, not restricting access to the procedure)

Utilities Directive: same as for classical Directive (except for e-Certis)

15 of 16

Directive on e-invoicing in public procurement �

Key elements:

Scope: PP invoices only
Directive mandates standardisation bodies to draw up a new European e-invoicing standard + short list of syntaxes + syntaxe bindings
17 October 2017 - Publication of the reference to the EU standard on eInvoicing in the Official Journal of the EU
Buyers obliged to accept electronic invoices compliant with the new standard
The new standard will not replace existing e-invoicing standards – national systems can continue to be used
18 April 2019 - Deadline for Member States to transpose into national law and implement the Directive (for contracting authorities and entities)
18 April 2020 - Extended deadline (upon request) for contracting authorities and entities which are not central government authorities

15

16 of 16

Questions?

For more information contact:

Isabel Rosa

Isabel-maria.da-rosa@ec.europa.eu

Tel: +32 2 296 0367

https://ec.europa.eu/growth/single-market/public-procurement/e-procurement_en