Public Procurement: Inviting comments on the EU's new proposals

The UK Office of Government Commerce is seeking comments on the European Commission's new package of public procurement proposals, recently published on the web.

The proposals aim to achieve a number of objectives. First, with a view to modernising the EU rules particularly as regards the public sector, the Commission's package introduces for complex contracts a "competitive dialogue" between awarding authorities and tenderers, whilst guaranteeing through certain constraints no adverse effects on the principles of transparency and equal treatment. It also provides for framework agreements with a number of undertakings, but again with new constraints on the conduct of mini-competitions between the selected undertakings and on the contract's duration. Buyers would enjoy more flexibility as regards their contract requirements: more emphasis will be placed on performance and equivalence of criteria rather than having to express standards as technical specifications.

Second, bringing procedures in line with IT developments, the proposals encourage the use of electronic means for procurement procedures, by using reduced timescales as an incentive.

Third, recognising that the utility markets are being liberalised effectively, the proposals aim to exclude the telecommunications sector from the Directive that formerly applied to it. In addition, a mechanism has been introduced to enable the exclusion of other utility sectors, such as water and electricity, once they have been fully and effectively liberalised.

Fourth, to simplify the existing Directives, the Commission proposes to consolidate the three old Directives on supplies, services and works and to express thresholds in Euros, not Special Drawing Rights.

The proposals are now available on the SIMAP website (http://simap.eu.int).

If you would like us to include your comments in our submission to the Office of Government Commerce - initial comments can be filed by 6 September and further comments by end of October - please let us have your comments by the beginning of September or end of October by phone, fax or e-mail.

Please contact David Marks or Sue Hankey for further information on the proposals or on public procurement. Tel. 020 7367 3000, Fax 020 7367 2000, E-mail [email protected]