Public Procurement
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Transcript Public Procurement
GPP in the new PP
directives
Peter Nohrstedt
Structure of the presentation
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•
•
New PP support organisation in Sweden
GPP in the EU PP directives – what is new?
Innovation partnership – what is it about?
The new Swedish support
organisation for public
procurement
The Swedish Competition Authority
(SCA)
The Swedish Competition Authority is a state
authority working in order to safeguard and
promote competition and supervise public
procurement in Sweden
"Economic welfare through effective markets"
Public Procurement – SCA’s new tasks
• SCA responsible for support and guidance to
suppliers and contracting authorities
Contribute to reinforce the strategic importance of public
procurement
Facilitate SMEs’ participation in public procurement
Prevent corruption and combat conflicts of interest
Contribute to goals about sustainable procurement and
encourage voluntary improvement of environmental
considerations in public procurement
Promote innovation procurement
New public procurement directives
• Reform proposals presented by the Commission 2011
• Ordinary legislative procedure
•
•
European Parliament decision 1st reading January 2014
Council of Ministers adopted acts February 2014
• Three new directives; “classic”, “utilities” and
“concession”
• Directives implemented in national law by spring 2016
Objectives for the reform
2. Strategic use
1. Simpler/ more
flexible procedures
4. Sound procedures
3. Better access (SMEs,
cross-border trade)
5. Governance, professionalization of procurement
Strategic procurement
• Freedom of choice what to buy
• Subject matter link maintained but extended (production
process, fair trade)
• Use of labels
• Life cycle costs (including measurable external costs)
• Social criteria (protection of workers, employment of
handicapped, long term jobless, etc.)
DIRECTIVE 2014/24/EU
Recital 2
Public procurement plays a key role in the Europe
2020 strategy, as one of the market-based
instruments to be used to achieve smart,
sustainable and inclusive growth while ensuring
the most efficient use of public funds.
New features on GPP (classic
sector)
Aim - better integration of environmental considerations.
Horizontal clause:
– performance of public contracts have to comply with
environmental obligations (law)
– abnormally low tenders have to be rejected if suppliers do not
comply with environmental obligations
Labels
• Possible to refer to a specific label
• all criteria must relate to the subject matter of the contract
• developed in a transparent process
• based on objective and non-discriminating criteria and
available
• too little time to get a label equivalent labels or other
means of proof must be accepted
Production process
• Possible to consider all factors of the production,
provision or trading
• Technical specification - factors that do not form part of the
material substance of the product
•
Ex: products manufactured /provided using energy-efficient
machines, production processes with low emissions etc.
• Award – possible to take into account these factors and
also to favour products with a fair trade origin, sustainable
timber origin etc.
Life-cycle costing
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All costs – including internal as well as external costs
(emissions of greenhouse gases, extraction of raw materials)
Monetary value can be determined and verified
No EU method exists – ok with own method
ex. clean vehicle directive
Not designed for one specific PP
Objective
Reasonable effort by enterprises
Environmental Management
Schemes
• Can now also be used in procurement of goods
• Reference to the European Union Eco
Management and Audit Scheme (EMAS) or equal
• Recognize equivalent certificates
Competitive procedure with
negotiation
•
Replaces the negotiated procedure with prior publication –
substantial changes to conduct:
• Identification of “core” (minimum) non-negotiable
requirements; award criteria and weighting also nonnegotiable;
• All other aspects may be negotiated (e. g. quality,
quantities, commercial clauses; social, environmental,
innovative aspects)
Definitions of innovation
procurement
Innovation procurement
Innovation friendly
procurement
Contracting authorities
actively use
procurement to buy
the best performance.
Stimulates deployment of
innovations!
Procurement of
innovations
Contracting authorities
require and order an
innovation in order to solve
a specific problem.
Stimulates that innovations
happens!
Innovation partnerships
• New procedure to be
implemented in
National law.
• Contracting authorities
can start partnerships
with one or many
partners in order to
develop and then
procure innovative
products.
• Partnerships shall be
divided into
successive stages.
• Contracting authority
may terminate the
partnership after
each stage.
• Contracting authority
shall negotiate with
tenderers.
Preconditions for innovation
procurement
Support from leadership
Support from the organisation
Knowledge
Resources
Innovation partnership
Supplier A
Tender A
Supplier B
Tender B
Project B
Supplier C
Tender C
Project C
Supplier D
Tender D
Project D
Supplier E
Tender E
Project E
Supplier F
Tender F
Project A
Project B
Project B
Project D
Project D
Delivery
from
supplier B
Supplier X
Tender
period
Tender
document
Award of
contract
phase 1
Phase 1
development of
concept/idea
Phase 2
prototypes
&
test series
Award of contract
phase 2 and delivery
Delivery phase
Discussion and questions
Questions
• Which procurements would be suitable for
innovation friendly procurement?
• What is needed (from the organisation, resources,
working methods)?
• What challenges/problems do you have that can
be solved by the market?
• What current/coming development projects are
suitable for innovation procurement?
Thank you for your attention!
Peter Nohrstedt
[email protected]
+46 8 5861718