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After parts I , II and III we finally reach part IV on the purchase or leasing of vehicles (contract type - 5) For these, the Annex establishes four different awardcriteria and two contract performance clauses/technical specifications, with issues to be found on both, mostly due to the non-technology neutral approach to the drafting.
The criteria or contract-related critiques will come on Monday and hopefully, Tuesday. The Annex to the Resolution is organised by contract type (16 in total) with detailed instructions on how the criteria are to be applied, where in the procedure and also the classification as mandatory/recommended/optional.
In Part 2, we're diving into what suppliers need to be aware of at the selection and award stages - this includes understanding the new debarment list, changes to contractaward and standstill and what options are available to suppliers if things go wrong. What changes will I see to the decision to award a contract?
The Portuguese government is planning to introduce mandatory green public procurement criteria in the near future. The Resolution At the core of the Resolution we can find a three part classification for eco criteria that is applied in the Annex to both awardcriteria and contract performance clauses/technical specifications.
The email argued that the maintenance shed which is part of the contract object would be used for the manufacturing of the trains and as such constitute illegal state aid. Tender documentation The object of the contract is to purchase 117 sets and a maintenance shed for them. So far, so good. Or so it would seem at first glance.
After the first two entries ( here and here ) of a more general nature, this one will be focused on contract specific critiques, in particular food procurement (contract types 9 and 15). Is it of the contract value? Not even being a recommended contract performance clause or technical specifications saves this one.
I continue exploring the use of public procurement as a tool of digital regulation (or ‘AI regulation by contract’ as shorthand)—ie as a mechanism to promote transparency, explainability, cyber security, ethical and legal compliance leading to trustworthiness, etc in the adoption of digital technologies by the public sector.
Third, there is the issue of the use of AI by contracting authorities, eg in relation to qualitative selection/exclusion, or evaluation/award decisions. It recognises that there ‘are potential benefits to suppliers using AI to develop their bids, enabling them to bid for a greater number of public contracts.
Whether you’re a supplier trying to land your first contract, a business just getting into understanding government procurement, or a pro looking to stay on top of compliance, this glossary is your go-to guide. The contracting authority or government agency sets the rules, picks the best supplier, and ensures everything runs smoothly.
The city government of Klaipeda runs the Dancer bus service through a comprehensive, 10-year lease agreement that is the first purchase of its kind in the country, a result of Lithuania’s shift to using green criteria for public contracts. Skip ahead to read the top tips on implementing green procurement from Lithuania.
It was announced yesterday that the Portuguese train company (CP) chose a consortium headed by Alstom as the preferred bidder for its first major train procurement contract in many decades. The procurement procedure was launched in December 2021 and adopted a MEAT approach for the awardcriteria.
Obviously, specifically requiring products to bear only that label is contrary to EU public procurement law, as it is way too over specific and does not allow for any form of competition for the contract. Technical specifications or contract performance conditions?
Dagne Sabockis, ‘ The Principle of Competition in the Context of Green Public Procurement – the Case of Green AwardCriteria ’ (2023) 18(4) EPPPL 237-243 (£/€). Trygve Harlem Losnedahl, ‘The General Principle of Competition is Dead’ (2023) 2 PPLR 85-98 (£/€).
Transitional and Saving Arrangements - This sets out the transitional arrangements for existing procurements, framework agreements and dynamic purchasing systems, which will generally continue under the Public Contracts Regulations 2015, and guidance for deciding when the Act applies to new procurements. The guidance note also covers notices.
Press release Utrecht & Sofia December 15, 2017 Dutch software company Negometrix to develop the national procurement system for all Bulgarian Public Entities On December 15, 2017 Negometrix as part of a consortium, signed a contract with the Public Procurement Agency of the Republic of Bulgaria.
A list of the relevant CPV codes can be found in the Contract or Tender Notice and supporting documentation. The total anticipated value of the framework must be advertised in the Contract or Tender Notice. Framework providers should monitor and record the value of call off contractsawarded under the framework.
About 55% of the tenders visible on the TenderNed platform are published from a dedicated TenderNed application, which contracting authorities can use to manage all steps of the tendering process. Often ensuring the data can be used for such calculations means talking directly with contracting authorities to encourage them to do better.
For contracting authorities and suppliers bidding for public sector contracts, the procurement rules remain largely unchanged, at least for the moment. Some minor amendments have been made to the Public Contracts Regulations 2015 to ensure the rules will work in practice for a UK domestic system.
The National Procurement Policy Statement this month applies to all contracting authorities who are subject to the procurement rules. Many local authorities , universities and other public sector bodies will already be taking steps to design contract specifications, and introduce social value awardcriteria with these areas in mind.
However, a ‘twin’ provision can be found in Article 41 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p.
In the EU, the TED data was somewhat incomplete; for example, in 2022, about 75% of the 7,817 procurement notices contained technical criteria (the rest expressed these criteria in separate documents that would have needed to be downloaded from individual procurement authority’s websites), and only about 50% contained non-price awardcriteria.
Opportunity #5: Public Investment in the Face of Climate Change To address the climate crisis, it is necessary to spend between 2% and 8% of GDP on the provision of infrastructure services.
The government has promoted public participation in procurement monitoring, which is vital to combating corruption and improving efficiency, but few independent civil society organizations and individuals had the information, skills and influence to track contracting effectively.
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