Green Public Procurement (GPP)

Strategic exchange on GPP through European project between Italy and Romania

29th April 2017, Source : European Commission, Green Public Procurement, http://ec.europa.eu/environment/gpp/what_en.htm, Procurement Forum, https://procurement-forum.eu, By Amalia Ochoa

             

 

This month’s News Alert on green public procurement (GPP) is now available online at http://ec.europa.eu/environment/gpp/pdf/news_alert/Issue70_NewsAlert_April.pdf

In this issue you can read our interview with Carsten Wachholz from the European Environmental Bureau, based in Brussels, and what he has to say about the potential for furthering green purchasing actions through greater collaboration with non-governmental organisations (NGOs) working on sustainability issues.

Find out more about the strategic exchange of experiences happening between regional and national government entities in Italy and Romania through the EU-funded GPPBest project. Details of how the City of Ghent (Belgium) have greened their large-scale purchases of cleaning products for municipal buildings are also featured in this month’s newsletter. All products purchased by Ghent meet the criteria of the European Ecolabel, as a minimum.

To read more GPP examples, visit the European Commission’s GPP website. Previous issues of the GPP News Alert are available here

 

Public procurement subcontracting

Public procurement subcontracting: requiring contractor to execute main part of contract is, in principle, unlawful

Youri Musschebroeck, Flore Verhoeven

Public procurement subcontracting
As you will recall, the Court of Justice ruled in a judgment of 14 July 2016 (C-406/14) that a contracting authority is not allowed to require, by a general stipulation in the tender specifications of a public contract, that the future contractor of that contract perform a certain abstract percentage of the works covered by that contract itself.

Similarly, the Court of Justice ruled in a recent judgment of 5 April 2017 (C-298/15) that a provision of national law which states that, where subcontractors are invited to carry out a public contract, the main part, as defined by the contracting entity, must be performed by the successful tenderer itself (and thus not by the subcontractor) is in principle not admissible because it breaches EU law. Interestingly, this was despite the fact that the contract in question had a value below the threshold for the relevant EU Directive, the Utilities Directive (2004/17/EC).

However, such a restriction may, according to the Court of Justice, be justified if it pursues a legitimate objective in the public interest (like ensuring that the works are properly executed) and but on ly to the extent that it complies with the principle of proportionality. This requires an assessment on a case-by-case basis.

In the same judgment, the Court of Justice ruled on the legality of a provision, contained both in the national (Lituanian) procurement la and in the tender specifications, which, in circumstances in which a tender is submitted by a consortium, requires that the contribution of each member of the consortium, in order to satisfy the requirements for professional capacities, corresponds proportionally to the share of the works they will actually carry out if the relevant contract is awarded to them.

This is interesting, as under Belgian public procurement law a similar provision (for subcontractors) can be foreseen (Art. 12 of the Royal Decree of 14 January 2013).
In the present case, the contracting authority in question wanted to avoid a situation in which, in order to win the contract, a tenderer attempts to rely on capacities that he does not intend to use or, conversely, that a tenderer would be awarded a contract and perform part of the works without having the capacities and resources necessary for the proper performance of those works.

On this issue, the Court of Justice ruled that it was possible, taking account of the technical nature and size of the works to be performed, that their proper performance requires, in cases in which a consortium bid, that each one of them performs specific tasks corresponding to its own professional capacities. However, the requirement here was for there to be an arithmetic correspondence between the contribution of each member needed to satisfy the requirements for professional capacity and the share (of value) of the works that each was to undertake. The Court observed that such a requirement does not take account of the nature of the tasks to be carried out or to the technical capacities specific to each of the members of the consortium.

Following the AG opinion, the Court held that a consortium should be free to satisfy collectively the requirements relating to professional capacity (including experience), and then be entitled to specify how the various tasks under the contract are to be performed, which the authority can then seek to verify. The more general “arithmetic” requirement use here was held to be an unjustified restriction on freedom to provide services and freedom of establishment.

Also, and importantly, as the requirement was unrelated to the specific works or services required to be performed, it did not prevent one member of the consortium from carrying out specific tasks for which it did not have the experience or capacities required.

We all need each other

A single individual is enough for hope to exist, and that individual can be you, says His Holiness Pope Francis in this searing TED Talk delivered directly from Vatican City. In a hopeful message to people of all faiths, to those who have power as well as those who don’t, the spiritual leader provides illuminating commentary on the world as we currently find it and calls for equality, solidarity and tenderness to prevail. “Let us help each other, all together, to remember that the ‘other’ is not a statistic, or a number,” he says. “We all need each other

 

 

Susține Ziua Națională a Investițiilor ! 

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România are nevoie de o Zi Națională a Investițiilor care poate schimba mentalități și destine a milioane de oameni. ​Pentru că educația financiară este fundamentul oricăror decizii investiționale bune, te invităm să susții demersul Bursei de Valori București de a institui​ o Zi Națională a Investițiilor în data de 15 mai. Investim zilnic în economia românească. Merităm o Zi Națională a Investițiilor!

11 Aprilie 2017, Sursa : Bursa de Valori București, http://www.bvb.ro/


De ce să semnezi?

  • Suntem pe ultimul loc în Uniunea Europeană la educație financiară. Hai să ocupăm un loc mai în față!
  • Educația financiară este despre fiecare dintre noi, despre decizii și nu doar despre bani.
  • Susții un demers național de educație financiară!

Îți mulțumim pentru sprijin,
Echipa Bursei de Valori București

 

Semnează petiția pentru o Zi Națională a Investițiilor !

Procurement beyond price : Sustainability and CSR in public purchasing

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International conference

On 4-5 May 2017 Centre for Enterprise Liability (CEVIA) will host a two-day international conference at the Faculty of Law of the University of Copenhagen,  where researchers from the CSR Legal Research Network, the SMART project and other renowned specialists discuss timely developments relating to the field of procurement, sustainability and CSR.

11th April, 2017, Source : University of Copenhagen, http://jura.ku.dk

The global value of public procurement spending is enormous. Just the OECD countries alone spend a total of €1000 billion per year. In the EU over 250 000 public authorities each year spend around 14-19% of GDP on the purchase of services, works and supplies. In many sectors such as energy, transport, waste management, social protection and the provision of health or education services, public authorities are the principal buyers. Within specific industry sectors, the sheer scale of public procurement spending and their supplier selection decisions, can literally create and shape a market and impact lives of citizens across the country at large.

These days, public procurement is no longer just about buying the cheapest possible supplies or services. Instead, the new sustainable procurement is understood as a process whereby organizations meet their needs for goods, services, works and utilities in a way that achieves value for money on a lifetime basis in terms of generating benefits not only to the organization, but also to society and the economy, whilst minimizing damage to the environment. The sustainability agenda has been broadly discussed by the European Union in regards to promotion of green and socially conscious governmental contracting. However, due to deficiency in regulating legislation, administrative pressures and lack of training, sustainable procurement methodology, coupled with the lack of accountability on CSR policies, is not used as often as desired.

Key benefits

As a result of attending this conference participants will:

  • Understand the complexity of procurement beyond price from legal, business and sociological perspective
  • Gain knowledge regarding differentiation between sustainability and corporate social responsibility in procurement context
  • Gain an insight into how sustainable procurement considerations including CSR may be incorporated to the procurement process – best practices
  • Understand the challenges and limitations in CSR incorporations in procurement
  • Recognise the critical importance of human rights protection and anticorruption in procurement

As Romanian Union for Procurement Professional we salute PhD, Law, Professor Dacian DRAGOS presence at this event as lecturer with topic : CSR Pillar 1 – Anti Corruption ! 

Topics to be covered include

  • Different faces of sustainable procurement and successful case studies
  • What type of social considerations are relevant for procurement and how to include them
  • Relevance of Human Rights in procurement
  • What are the challenges, pitfalls and risks when considering CSR and other sustainability concerns in procurement

The conference Registration is now open to scholars, public sector bodies (i.e. contracting authorities) , private sector bodies (i.e. procurement managers) and other professionals with an interest in this area. See further here:

Details

Time : 4-5 May 2017

Place: Faculty of Law, University of Copenhagen, Conference/flex room, ground floor, room 8A-0-57, Karen Blixens Plads 16, DK-2300 Copenhagen S

Organizers: CEVIA, CSR Legal Research Networkand the SMART project


Sponsors:
BravoSolution

Media Partners: EPPPL

Demisia ministrului Muncii, Olguţa Vasilescu, a fost cerută de Federaţia Sindicatelor Pro Administrație din România

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Preşedintele Federaţiei Sindicatelor PRO ADMINISTRAŢIE din România (FSPAR), Silvia Moldovan, a declarat că federaţia a solicitat demisia ministrului Muncii, Olguţa Vasilescu, pe care o acuză de încălcarea principiilor legii salarizării unitare, politizarea funcţiei publice şi sfidarea angajaţilor din administraţia publică locală, care nu au fost invitaţi la dezbaterile pe marginea proiectului legii salarizării unitare.

11 aprilie 2017, Sursa : Administrație.ro, http://www.administratie.ro

Având în vedere încălcarea principiilor legii salarizării unitare, politizarea funcţiei publice prin rămânerea salarizării din administraţia publică locală la latitudinea celui ales, precum şi sfidarea angajaţilor din administraţia publică locală prin eludarea participării acestora la dezbaterile pe marginea acestei legi, Federaţia Sindicatelor PRO ADMINISTRAŢIE din România solicită demisia ministrului muncii, Lia Olguţa Vasilescu“, a arătat Silvia Moldovan.

Aceasta a spus că, prin actualul proiect al legii salarizării, a cărui depunere în Parlament a fost amânată cu o săptămână, se va ajunge la politizarea funcţiei publice, fapt ce contravine principiilor Legii 188/1999 şi la o discriminare a administraţiei publice locale faţă de administraţia centrală.

“Am asistat la o dezinformare fără egal a ministrului Muncii, doamna Lia Olguţa Vasilescu, care afirma că această lege a fost dezbătută cu toate federaţiile din domeniul bugetar. Ori, administraţia publică a fost exclusă de la dezbaterile pe seama acestei legi, iar după cum rezultă din afirmaţiile domniei sale, întâlnirea întâmplătoare sau în secret cu unul dintre liderii din administraţia publică, ‘căruia i-a pus în mână draftul legii să-l studieze cât doreşte’, nu înseamnă participarea reprezentanţilor acestor angajaţi la dezbaterile legii. Suntem profund indignaţi de tratamentul sfidător la adresa celor din administraţia publică locală care, în opinia dânsei, trebuie să rămână în afara grilelor, la cheremul aleşilor, în baza aşa-zisei autonomii locale. În această situaţie, nu vom avea o lege unitară de salarizare, ci vom asista la politizarea funcţiei publice, ceea ce contravine principiilor Legii 188/1999 şi la o discriminare a administraţiei publice locale faţă de administraţia centrală şi faţă de celelalte sectoare din domeniul bugetar, în dezacord cu principiile acestei legi”, a arătat preşedinta FSPAR, referindu-se la o poziţie publică exprimată de ministrul Muncii.

Silvia Moldovan susţine că puterea nu ar dori o lege a salarizării unitare, ci o lege care “să menţină şi să satisfacă anumite interese” şi că “secretomania” şi “lipsa totală de transparenţă” a Guvernului în elaborarea legii salarizării unitare este condamnabilă. “Totodată, am aflat cu stupoare că transparenţa decizională nu este relevantă pentru actualii guvernanţi, iar din spusele doamnei ministru, punerea pe site a legii salarizării ar duce la o serie de comentarii şi opinii, de care legiuitorul poate să ţină sau să nu ţină cont, dar adevărata dezbatere pe marginea legii se face în Parlament. Astfel, cu o atitudine arogantă evidenţiază posibilitatea de încălcare a legii şi de sfidare a dialogului social, neînţelegând că acestea au fost adevăratele motive pentru care Cartelul Alfa şi unele federaţii sindicale i-au cerut demisia. De asemenea, aflăm cu stupoare că deciziile Curţii Constituţionale sunt opţionale şi că nu va proceda la creşterea salariilor la nivelul maxim al familiei ocupaţionale pentru ‘trei primării care au câştigat în instanţă anumite drepturi salariale’, susţinând că la Primăria Craiova, după ce au fost introduse în salariul de bază, au fost solicitate şi ca sporuri, o altă dezinformare a doamnei ministru”, a mai afirmat Silvia Moldovan. AGERPRES

Posturi din ultimele 7 zile în Administrația Românească

posturi.gov.ro cuprinde posturile vacante de funcționar public din administrația centrală și locală.

Inițiativa reprezintă continuarea proiectului PublicJob.ro, coordonat de drd. Cristian Boțan — fost consilier în cadrul Cancelariei Prim-ministrului României.

Posturi.Gov.Ro

10 aprilie 2017, Sursa : posturi.gov.ro, Autor : Cristian Boțan

Alba

 

Arad

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European Public Procurement Update

This is our weekly European public procurement news roundup. We will be bringing you recent public sector stories and information from around Europe’s news portals, reporting on how more than a trillion Euros of taxpayer money is being spent. This will become part of a future initiative to bring you more frequent, online reporting.

7th April, 2017, Source : Public Spend Forum, http://publicspendforumeurope.com, By : Nancy Clinton

 

DWP Procurement Scheme apparently making it difficult for charities to bid

The UK’s Department for Work and Pensions (DWP) welfare-to-work procurement programme is said to be ‘undermining’ the charities sector in its bidding process. An infrastructure body has said it will likely make it difficult for charities that want to bid to be subcontractors. See the full story on Civil Society News.

New developments in Romanian Public Procurement

In 2016, Romanian public procurement legislation was completely changed. Now in 2017, further developments have been taken place. The newest practice-oriented Instruction encourages contracting authorities to formulate qualification and selection criteria as well as evaluation factors which emphasize quality. The main new developments are highlighted in Lexology.

Europe sees rapid rise in private rail funding 

A study by The Rail Working Group has revealed that private finance in train rolling stock increased by more than €750m and made up for some of the shortfall in public funding.The study shows a marked difference between western and eastern Europe, with private finance accounting for 22% of total investment in train procurement in western Europe compared with just 11% in eastern Europe. Private finance in European rolling stock procurement has increased from 12% in 2011-2013 to 20% in in 2013-2015, while the proportion of projects involving private finance has jumped from 18% to 35%. A report on the study is on International Railway Journal.

Slovak Procurement Office to examine low school internet bids

Slovak operator Swan offered the cheapest internet service for schools in the tender for Edunet, after O2 Slovakia’s cheapest bid was refused for formal shortcomings. Swan submitted the lowest price at EUR 64.4 million. The estimated budget was EUR 81 million. Therefore, the offer of Swan would represent a saving of 20.5 percent compared with the original budget. However, there is only a little price difference compared with the other participants. The results of an examination by the Public Procurement Office are awaited – and the full story is on telecompaper.

European Commission concerned over public procurement ‘imbalance’ with non EU countries

‘The European Commission has raised concerns about the limited access EU companies get to public markets abroad, proposing measures to tackle the “imbalance” – reports Euractiv, where you can find the full story. The EU’s most powerful economies argued the EU should boost its capability to protect public interests more efficiently based on economic criteria in the event of takeovers by foreign investors, especially those eyeing hi-tech and strategic infrastructures.

UK central government procurement slammed by construction sector

We have written much already about the CCS being criticised for currently managing only £2.5bn of spending on behalf of 7 government departments, instead of the expected £13bn on behalf of 17 departments. Its management of procurement frameworks, such as its heavily delayed £2.9bn construction consultancy framework called Project Management and Full Design Team Services, has also been criticised as “unsatisfactory”- reports Building.co.uk.

EU Catalogue – ICT Standards for Public Procurement

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European Catalogue of ICT Standards for Procurement

6th April, 2017, Source : Public Spend Forum, http://publicspendforumeurope.com, By : Nancy Clinton

In the closing address at Procurement Week recently, Rodolphe Wouters of the European Commission summed up what we had heard during the day about the ‘IoT – Procuring a Connected Living’ — AI, connected cars, smart cities, blockchain, and so on. But what does it all really mean for European Procurement? If in ten years’ time everything will be connected, when does Procurement enter the stage – will it be too early? too late? Have we got our infrastructure in place? Are we behind other cities? How do we find out what others are doing and learn from them. Afterall what’s the point in making the same mistakes, repeating the same failures – that’s just inefficient and costly for the citizen.

We started the digital revolution with replacing paper with automation, phone calls with emails, but now it has gone a step further. We are creating value from working with devices, and creating new services. The public procurement of digital services is now worth 50 billion euros in Europe. But it’s difficult to share best practice and learn what others are doing in the field of digitisation, especially in a region full of different languages, cultures, varying ways of interaction with vendors, legacy systems, different guidelines, and transposed directives, and so on.

ICT is part of the evolutionary path Procurement must take. Our future lies in technology more than the traditional rules and regulations. We have worked in siloes, but it’s time to “break the silence between Procurement and IT.” As the EC says ” … if e-procurement was fully implemented across the EU, it would save annually 50-75 billion euro in Europe and increase transparency and public accountability.”

So the European Commission is trying to close the gap. It is currently building a site that will help member states collaborate in a particular sector: to help prevent re-invention, sharing your best practices with other states and vice versa. The EU Catalogue is a platform for people to work together informally, on real issues. To encourage shared systems that talk to each other, to share data and solutions. It’s Procurement’s role to make citizen’s lives easier, and give better value.

There are other ideas behind the platform too – with so many rules and standards, within nations, between nations, internationally, outside the EU – it’s hard to know which apply to you and when. There are so many infractions because many don’t know which one to use – and the result is open to court. The catalogue lists needs based on the sector, organised by which standards to use. It details what the regulations are and what guidance is available. It’s a way of streamlining them.

The European Catalogue aims to offfer procurers one place to go to for guidelines on procurement, including vendor lock-in, the use of standards, lifecycle costing, and more. It will also provide a platform for of exchange and dissemination, eventually building a community of experts.

So far, mostly ICT has joined up – but it’s open to all. It is being revamping for everyone and will have content that really matters to procurement. It’s a bit clunky at present, explained, explained Rodolphe, as it’s still a pilot, but it is being developed, and the more people use it, the more effective it will be, so do take a look and join up here.

The EC will be organising webinars for procurers, so do keep your eye on the website for details.

Pre-tender Market Consultation

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Europe: Pre-tender engagements under new Public Procurement Directive 2014/24/EU

6th April, 2017, Source : C / M / S / Law-Now, http://www.cms-lawnow.com, By : Cristina Popescu, Tamas Tercsak

 

Directive 2014/24/EU on public procurement (the “Directive”) allows contracting authorities to engage in pre-tender market consultations in order to: (i) identify potential bidders and solutions; (ii) build awareness and capacity in the market about the requirements of the procurement; and (c) structure and design the procurement and its contract.

Pre-tender market consultations may involve advice from independent experts or authorities or from market participants. The advice received may then be used to plan and conduct the procurement procedure. It is the contracting authority’s duty to ensure that the consultations do not distort competition, violate the principles of non-discrimination and transparency or otherwise bestow an undue advantage on a candidate that has advised the contracting authority.

Although pre-tender consultations have potential to improve the procurement process (by allowing the contracting authority to understand market players, develop appropriate specifications, choose the best procedure for the procurement, etc.), they may also foster uncompetitive behaviour, such as allowing bidders to unduly influence the specifications or increasing the risk of supplier collusion.

Bidders that participate in pre-tender consultations may be excluded from the procurement if there is no way to ensure compliance with the principle of equal treatment. However, bidders will be given the opportunity to demonstrate that their involvement in the pre-tender consultations did not offer them a competitive edge that distorts competition.

Find out more below about the implementation status of Articles 40 and 41 of the Directive in Bulgaria, Czech Republic, Hungary, Poland, Romania and the UK.

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