Daily Archives: 06/04/2017

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.

 

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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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Question Pro

QuestionPro provides unparalleled insights and just launched enterprise features including Communities, Customer ExperienceWorkforce and Mobile.