The European Commission adopted a proposal for a new Regulation to modernise and simplify the EU’s public procurement framework to support effective investments in public services and infrastructure in line with the Union’s policy objectives. The proposed Public Procurement Regulation builds on the strengths of the Single Market in four key ways.
Simpler and clearer rules: The proposed Public Procurement Act consolidates into one directly-applicable Regulation the three existing public procurement directives and procurement provisions currently spread across sector-specific legislation. This will create a more coherent and predictable procurement framework, reducing complexity, administrative burden and inconsistencies in how the rules are applied with three procedures instead of five currently. The new framework gives public buyers greater flexibility, allowing negotiations with the applicant during the procedures.
One single platform for all procurement in the EU: Creation of an integrated digital procurement marketplace consisting of interconnected and interoperable Member States’ eProcurement platforms. The digital marketplace will simplify and facilitate procurement for public buyers (for example, through the automatic verification of exclusion criteria). It will allow companies to take part in procurement procedures and submit tenders across the EU through any of the connected eProcurement platforms applying the ‘once-only’ principle, avoiding repeated requests for information and documentation requirements. The digital marketplace will moreover streamline data exchanges between Member States’ eProcurement systems.
Stronger support for environmental, social, and innovation goals: The proposal makes the Best Price-Quality Ratio (BPQR) the standard award method, with quality criteria accounting for at least 30% (50% for labour-intensive contracts), subject to a ‘comply or explain’ mechanism. Contracting authorities may deviate from this approach if they explain how quality will otherwise be ensured, for example through minimum quality requirements.
Greater security, resilience and strategic autonomy: The proposal enables, and in some cases requires, public buyers to address risks related to security and public safety of the Union or Member States, sensitive information, cybersecurity, and undue third-country influence. New provisions on resilience and security of supply would apply to contracts involving entities linked to critical infrastructures and aim to support diversification of supply chains, security of supply and crisis preparedness.
Finally, the Regulation introduces a horizontal European preference framework for public procurement in line with the Union’s international legal obligations. It clarifies which operators and products are covered by the Union’s international procurement commitments and makes this easier to check.
Next steps
The proposed Regulation will be negotiated by the European Parliament and the Council of the European Union before its adoption and entry into force.
More information:
Source: European Commission | Press Corner (https://ec.europa.eu/commission/presscorner/detail/en/ip_26_1817)