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Monthly Archives: April 2020

The EU’s Public Procurement Framework

How is the EU’s Public Procurement Framework contributing to the achievement of the objectives of the Paris Agreement and the Circular Economy Strategy?

2020, April 15th, Source: European Parliament, Think Tank, Author: Jorge NÚÑEZ FERRER

The present public procurement directives entered into force in 2014 allowing national authorities enough flexibility to align procurement with social and environmental objectives. However, public authorities have not sufficiently taken up the possibilities to use strategic public procurement to introduce sustainable, green, pre-procurement or innovation-focused tools.

The existence of clear Guidelines and tools is essential to provide legal certainty for public procurement officials.in this respect, the European Commission has a central role to play and work is being undertaken to provide guidelines and off-the-shelf solutions. However, further action is needed to promote strategic public procurement and in particular Green Public Procurement requiring low carbon, life-cycle and circular approaches in public purchases.

The EU should increase – in tandem with the provision of assistance and tools – the number of mandatory green procurement requirements, either through technical specifications in the sectoral directives or through delegated acts to the procurement directives. A voluntary approach is not sufficient.

Member states should in turn professionalise the public procurement authorities and establish central purchasing bodies or national competence centres. There is a need for many member states to invest in professionalisation, training and ICT tools to mainstream strategic public procurement and in particular Green Public Procurement.

 

Document: The EU’s Public Procurement Framework

A guidance for public procurement procedures in Germany in times of COVID-19

April 7th, 2020, Source> CMS Law-Now, Authors: Dr. Jakob Steiff LL.M. (Edinburgh), Dr. Tobias Sdunzig

In the course of the current pandemic various measures have been adopted in Germany both on federal and state level to enable public purchasers to procure services to help contain the pandemic and facilitate the public administration’s ability to respond quickly.

1. Ongoing procurement procedures are not automatically suspended

The German parliament has not passed any law or issued any decree suspending deadlines within public procurement procedures. Thus, deadlines such as the deadline for submitting offers, continue to apply. There is also no reliable information on whether contracting authorities have generally suspended deadlines on their own initiative. However, if a contracting authority has not prolonged a deadline, bidders can request an extension. It is conceivable and also permissible that contracting authorities may extend deadlines in response to the current situation, especially if bidders cannot collect all necessary documents because of external reasons or restrictions imposed by law.

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Romania Guidance for Public Procurement procedures in times of COVID-19

April 3rd, 2020, Source: CMS Law-Now, Authors: Gabriel Sidere, Cristina Popescu, Laura Capata

On 16 March 2020, the Romanian President declared a state of emergency for the next 30 days to limit the spread of and manage its effects (the “State Emergency Decree”).

Neither the State Emergency Decree, nor the subsequent military ordinances that followed included the amendment of the public procurement legal framework in Romania. However new emergency measures, as well as certain gradual/progressive measures, which may be taken in the future, depending on the developments, have a significant impact on public procurement procedures, ongoing and future, as well as existing public procurement contracts. The guidance below addresses stringent questions at present:

    1. Ongoing procurement procedures are not automatically suspended

Neither the State Emergency Decree, nor the subsequent measures taken by the Romanian Government contain provisions whereby deadlines in public procurement award procedures are suspended. Thus, relevant deadlines applicable in the context of an award procedure (such as the deadline for submitting offers) continue.

According to public records, for the time being procuring authorities in Romania continue to carry out public award procedures, but one can expect that this may not happen in the near future with increased security measures in the pipeline as develops further in Romania.

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Bulgaria: Public procurements during the coronavirus crisis

April 2nd, 2020, Source> CMS Law-Now, Authors: Denitsa Dudevska, Zornitsa Stoykova

 

 

The Public Procurement Agency has announced on its website that it is reviewing the Emergency Measures Act and the business and contracting authorities are awaiting its official guidelines.

Although the Bulgarian parliament adopted measures in the recently passed state-of-emergency law (Emergency Measures Act) to regulate major relationships during the current crisis, questions still remain in regard to public procurement.

How does the emergency legislation affect procedures?

There had been a legislative proposal that all public procurements be suspended during the state of emergency, but part of the business community protested. The proposal was not supported by the legal parliamentary committee and it was not adopted by parliament. Hence, no explicit regulation states that public procurement procedures will be automatically suspended.

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Czech procurement rules waived for COVID-19 emergency medical supplies

April 2nd, 2020, Source: CMS Law-Now, Authors: Lukas Janicek, Lenka Krutakova, Tomas Matejovsky

 

 

In light of the state of emergency in the Czech Republic declared on 12 March 2020, the Office for the Protection of Competition of the Czech Republic issued a statement that procurement rules can be relaxed for the acquisition of urgent medical commodities such as facemasks, respirators, disinfectants and other medical supplies.

Negotiated procedure without publication

The Competition Office acknowledged that currently the main priority when making these purchases is speed, which would be grounds for using the negotiated procedure without publication pursuant to Section 63 (5) of the Act No. 134/2016 Coll., on Public Procurement (Public Procurement Act). The Act states that the contracting authority can use the negotiated procedure without publication where necessary in extremely urgent circumstances, which were not caused by the contracting authority and where the deadlines for the open procedure, restricted procedure or negotiated procedure with publication cannot be reasonably respected.

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Netherlands: guidance for Dutch public procurement procedures in response to COVID-19

This gallery contains 2 photos.

April 2nd, 2020, Source: CMS Law-Now, Authors: Petra Heemskerk,  Olav de Wit

 

The following guidance addresses ongoing public procurement procedures, future procedures and existing contracts in the Netherlands.

Ongoing procurement procedures are not automatically suspended

The Dutch government has left it up to contracting authorities to decide whether suspensions or extensions of time limits are appropriate. Many contracting authorities have already extended deadlines for procurement procedures, realising the difficulties tenderers now face to adhere to certain deadlines. Tenderers will be hindered by the virus measures in their internal organisations and in obtaining necessary documents for submitting a valid tender.

We advise potential tenderers to ask contracting authorities to extend deadlines if they haven’t done so already. Contracting authorities in turn will be able to ask tenderers to extend the validity of their tenders since the periods by which tenderers are bound will not be extended automatically.

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Orientările Comisiei Europene pentru utilizarea cadrului privind achizițiile publice în situația de urgență legată de criza COVID-19

2 Aprilie 2020, Sursa : Agenția Națională pentru Achiziții Publice (A.N.A.P.)

În data de 1 aprilie 2020, Comisia Europeană a publicat un set de orientări cu privire la modul de utilizare a tuturor flexibilităților oferite de cadrul de achiziții publice al UE în situația de urgență cauzată de criza COVID-19: 

Comunicarea Comisiei ”Orientările Comisiei Europene pentru utilizarea cadrului privind achizițiile publice în situația de urgență legată de criza COVID-19”

În Comunicarea Comisiei se precizează că achizitorii publici se pot baza pe cadrul UE privind achizițiile publice, care oferă modalități și mijloace de adaptare la situații grave de urgență, cum este pandemia de COVID-19.

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