e-procurement in the EU: Impulse from the Commission Julia Ferger European Commission Public Procurement Policy/e-procurement

Contents New legal framework and Action Plan on e-procurement (DG Internal Market and Services) Initiatives of the IDA/IDABC programme (DG Enterprise and Industry)

Effective e-procurement General framework Economic Political Legal Effective e-procurement Organisational Technical

Defining e-procurement: the legal framework ELECTRONIC MEANS ON AN EQUAL FOOTING with WRITTEN MEANS FULLY ELECTRONIC PROCEDURES ALLOWED NEW PURCHASING PRACTICES: Framework agreements, Dynamic Purchasing Systems, Electronic Auctions GENERAL REQUIREMENTS SET FOR: Communicating and receiving offers electronically FLEXIBLE TECHNOLOGY NEUTRAL FRAMEWORK

Scope of EU procurement rules Tender Notification Contract specification Bidding Receipt of offers Offer evaluation Contract award Choice of tender procedure Thresholds/ Rules of aggregation Shortened delays for online notices New models for Publication in OJEU E- access to tender documents Online bidding (e-auctions) Data integrity Confidentiality Non- discrimination Authentication Automated Selection and Award Electronic Purchasing Methods Contracting Ordering Monitoring of Contract Billing Outside the scope of EU procurement Directives E-commerce Directive Electronic Signature E-invoicing Data protection

General principles DECISION TO USE ELECTRONIC MEANS IN PROCUREMENT RESPONSIBILITY OF BUYERS ALL STAGES OF THE PROCEDURE CAN BE CONDUCTED ELECTRONICALLY (Documents, Certificates, Attestations and Declarations could continue to be submitted in paper if not available electronically) FUNDAMENTAL PRINCIPLES: NON-DISCRIMINATION, EQUAL OPPORTUNITIES, TRANSPARENCY AND FAIR COMPETITION and ALL DIRECTIVES’ RULES SHOULD BE RESPECTED PROCEDURAL RULES FORESSEEN FOR ONE-OFF AND REPETITIVE PURCHASES CONDITIONS SET FOR: COMMUNICATING ELECTRONICALLY, RECEIVING OFFERS AND CARRYING OUT ELECTRONIC AUCTIONS

Timetable May 2000 LEGISLATIVE PACKAGE PROPOSED BY THE COMMISSION - CLASSIC DIRECTIVE (SUPPLIES, SERVICES, WORKS) - UTILITIES DIRECTIVE Feb 2004 FINAL ADOPTION OF THE LEGISLATIVE PACKAGE Apr 2004 ENTRY INTO FORCE OF THE NEW DIRECTIVES Dec 2004 ADOPTION OF ACTION PLAN ON E-PROCUREMENT 31 Jan 2006 TRANSPOSITION BY MEMBER STATES (21 months)

Action Plan: Objectives Ensure a well functioning Internal Market in electronic public procurement Achieve greater efficiency in procurement, improve governance and competitiveness Work towards international framework for e-procurement

I – A well functioning Internal Market Implement the legal framework correctly and on time Correct understanding, correct implementation, timely implementation, transparency, enforcement Complete the legal framework by the appropriate tools Fully electronic standard forms, improved CPV Remove/prevent barriers to electronic public procurement A. Validate functional requirements B. Adjust operational e-procurement systems C. Deal with e-signature problems D. Study feasibility of EU wide compliance certification scheme Detect and address interoperability problems over time

II - Efficiency, improved governance and competitiveness Efficiency and governance of public procurement markets Accelerate digitisation through national plans for e-procurement, develop interoperable tools for e-transactions, develop statistics Increase competitiveness of public procurement markets Cut red tape, increase transparency, standardise documents and exchanges, promote awareness and access for SMEs

III - International framework Prevent/remove international barriers Pursue and conclude GPA negotiations, promote international standardisation and use of common classifications Establish international co-operation/dialogues Establish bilateral agendas, promote European model in cooperation with MDBs and in technical assistance to third countries

The role of IDA Complement and support the implementation of the new Directives and the framework for e-procurement Prevent emergence of ‘e-barriers’ Facilitate use of interoperable solutions and tools Practical and pragmatic objectives

IDA activities State-of-the-Art study Functional requirements report Learning demonstrators (static and dynamic) Modelling of procedures and information exchanges Common tools and generic services Awareness, exchange, promotion of common understanding and best practice

State of the art study Overview over existing e-procurement systems in Europe (8 countries – 15 systems) Description, identification of concepts and best practices Starting point for work on functional requirements

Functional requirements ‘Translation’ of Directives’ legal requirements into indicative functional guidelines Volume 1 Functional requirements (description of procedures and procurement phases, actors and workflows Possible technical solutions and technical architecture Non-functional requirements Open issues Volume 2 Use case studies : one-off purchases, Dynamic Purchasing Systems, Framework Agreements Published March 2005

Learning demonstrators Static demonstrators Series of static screens Overview over procedures, phases, actors Dynamic demonstrators Simulate all functions under the main procurement procedures Can be re-used, translated Propose specific user interfaces Available for download

At a glimpse ... Secondary Navigation (following ad-hoc user request) Primary Navigation (following guided tour – links/buttons highlighted in red) Explanation of user’s intention (when following guided tour) Explanatory Bar GUI simulating a fully functional eProcurement system

Modelling of procurement processes and information exchanges Schemas using XML and UML E-ordering/e-invoicing E-tendering/e-awarding Electronic catalogues Cooperation with : CEN/ISSS UN/CEFACT OASIS

What Next? Action Plan IDA continued under IDABC 2005-2009 Interpretative Document IDA continued under IDABC 2005-2009 Proposal by the Commission Proposals by Member States

Conclusion Political commitment Legal framework Organisation Technical aspects Economic aspects

Information IDA/IDABC e-procurement Action Plan on e-procurement: Europa e-procurement pages: http://europa.eu.int/comm/internal_market/publicprocurement/e-procurement_en.htm IDA/IDABC e-procurement http://europa.eu.int/idabc/eprocurement

THANK YOU Contacts Action Plan: Julia.Ferger@cec.eu.int CPV: olivier.coppens@cec.eu.int IDA/IDABC: ida-central@cec.eu.int