Public Procurement Ireland’s Experience – an Overview Billy Noone National Public Procurement...
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Transcript of Public Procurement Ireland’s Experience – an Overview Billy Noone National Public Procurement...
Public Procurement
Ireland’s Experience – an Overview
Billy Noone National Public Procurement Policy Unit
Department of FinanceIreland
Basis of Regime EU Treaties
Public Procurement Directives
National Procedures / Legislation
Government Procurement Agreement of the WTO
EU TreatiesPrinciples of
Non – discrimination / equality of treatment
Openness
Transparency
Freedom to establish / provide services
Proportionality
Mutual recognition
EU Directives Promote Internal Market and observance of Treaty
principles by –
Ensuring necessary publicity for contracts
Establishing fair procedures
Requiring use of transparent award criteria
Promoting competition to deliver best value for money
Appropriate disclosure of information
Public Procurement Legislation
Supplies Works Services Remedies
77/62/EEC80/767/EEC88/295/EEC
93/36/EEC
71/305/EEC
89/440/EEC
93/37/EEC92/50/EEC
89/665/EEC
2004/18/EC
Three amended by 97/52/EC
Public Authorities
Utilities Procurement Legislation
Supplies, Works and
90/531/EEC
Services
93/38/EEC[amended by
98/4/EC]
Remedies
92/13/EEC
Supplies,Works and Services2004/17/EC
Impact of Directives By the end 1980’s Directives deemed to
have had little affect
Only about 5% Public Procurement cross Borders
Ineffective transposition in Member States
Lack of awareness / national preferences retained
Commision Initiatives
Remedies Directives Introduced Coverage extended to Utilities [1990] Coverage extended to Services
[1992] Directives revised by 1993 Average 10% public Procurement
cross border by late 1990s
Recent Review of Directives
“Public Procurement in the EU – Exploring the way forward” – 1996 Green Paper
Wide ranging debate – 300 responses from Member States
March 1998 Communication“Public Procurement in the EU” – Action Plan to address issues identified
Process of revision of Directives commenced
Issues Identified
Simplification & Clarification of Directives More flexibile procedures Provision for use of electronic means of
procurement Reflect de – regualtion/liberalisation in
certain markets Clarification on promoting other policy
issues, e.g. environmental / social
New features of revised Directives
Four Directives consolidated into one Framework agreements/contracts
provided for New flexible procedure for complex
contracts eProcurement
eCatalogues eAuctions.
Continued
Mandatory exclusion for certain criminal convictions
Publication of Award Criteria Weightings
Publication of Purchaser Profile encourgaged – via PIN
Postal Service Providers transferred to Utilities Directive
Public Procurement in Ireland
Pre EU Accession
Department of Finance responsibility Government Contracts Committee Central Purchasing Administrative arrangements Non - statutory
Public Procurement in Ireland Post EU Accession
Works Directives 1971 Abolition of National Preferences Transposing Directives into national law
- Statutory Instruments / Secondary Legislation
Implementing Legal Remedies procedures [in early 90s]
National representation at EU Fora
EU Dimension / Obligations Process of drafting & adopting Directives
Commission Advisory Committees
Some Specialist Groups (e.g. currently on eProcurement, Defence)
Council Working Groups
Problems encountered
Dissemination of Information
Decentralised system
Took time to adapt
Training
Problems [continued]
Implementing into national law
Advice of our Law Offices
Adopted direct method – [Statutory Instruments] citing the Directives
Satisfying the Commission ?
Advantages of direct transposition
Less demand on scarce internal resources
Less risk of mis – interpretation in transposition
Rules explained by user friendly guidelines
Disadvantages of direct transposition
Less legal clarity
Less legal certainty
Less user friendly for purchasers / clients
Preference of Commission !?
CA’s Problems in Operation of Directives
Minimum times allowed for responses –too long ?
Procedures too restrictive, cumbersome, inflexible [e.g. no framework outside Utilities up to recent revision],
Lack of understanding of the different procedures
Thresholds relatively low ?
Consequences
Purchasers fearful of infringing unintentionally
Technical infringements more likely than deliberate breaches
More resort to legal advice
Process more time consuming
Addressing Problems Clear, user friendly guidance
Effective dissemination of information
Use of websites and other electronic means
Representative fora for addressing issues and promoting understanding
Some features of Ireland’s approach
National Public Procurement website [etenders.gov.ie] being upgraded
New more comprehensive guidance
Government Contracts Committee [GCC] – more widely representative
Forum on the Construction Industry
Forum on Public Procurement in Ireland
Current Developments in Ireland
Transposition of EU Directives
Updating National Guidelines
Issues arising from recent Case Law
eProcurement Strategy
Public Private Partnerships
Forum for the Construction Industry
Guidance on
Competitive Process Debriefing / Disclosure of Information Frameworks / Electronic Procurement
[+ Other features of new Directives]
New National Strategy Infringement Proceedings Ethics Construction Issues
eProcurement Strategy Study of market with wide consultation Report and Recommendations agreed by
Government - April 2002 Recommendations: -
Major procurement management reformOrganisational changeTraining / development of procurement expertiseLegal/regulatory changeAppropriate technologies, systems etc.
Public Procurement Website: www.etenders.gov.ie
Issues arising from recent Case Law, Commission Examinations,
Reviews etc.
Alcatel Case Ruling [opportunity to appeal award decision]
Social Welfare Payments Service
Health Board Ambulance Contract
Commission review of Remedies Directives
Treaty Principles – how they might apply
Non – regulated contracts
Sub threshold contracts [ECJ ?]
Larger Contracts - Examples
Social Welfare Payments Service [ECJ]
Health Board Ambulance Contract [ECJ]
Ireland’s Procurement Market – €000m
Central Government 1,350
Local Authorities 4,000
Health Sector 2,200
Education Sector 1,300
Non-commerical State Bodies 700
Commerical SBs / Utilities 5,450
Total 15,000
Percentage Imports [approx]
Central Government 34 % Local Authorities 19 % Health Sector 60 % Education Sector 15 % Non-commercial State Bodies 24 % Comerical SBs / Utilities 55 %
Total Market 35 / 40%
Thank You !!
Questions ??