E-procurement. NEVI-PIANOo conference. Status of the e-procurement policy. Marco Tardioli e-procurement and economic analysis of procurement markets

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1 E-procurement Status of the e-procurement policy NEVI-PIANOo conference Marco Tardioli e-procurement and economic analysis of procurement markets

2 The e-procurement policy - Proposal for revision of Public procurement directives - Mandatory phases - e-submission - e-signature - Streamlined tools (e-catalogue, DPS) - Certificates & Statements (simplification, passport, VCD, e-certis) - Communication on "A strategy for eprocurement" - Flanking actions 6/3/2012 2

3 Legislative proposal - Co-decision process under way - Shift of planned [ green] deadlines 31/12/11 Adoption Transposition/ Entry into force Mandatory 18 months e-notification 31/12/12 30/6/14 E-Access E-Submission for CPB 24 months (??) 31/7/13 31/7/15 6/3/2012 3

4 Legislative proposal - Shift of planned [ green] deadlines Mandatory e-submission for all 31/12/11 Adoption Transposition Entry into force 18 months Transition time (24 months) 31/12/12 30/6/14 30/6/16 24 months (??) 31/7/13 31/7/15 31/12/17 6/3/2012 4

5 Communication on "A strategy for eprocurement" Key flanking actions: E-procurement best practices - Case-book of good e-procurement practices in Europe - e-tendering expert Group (eteg) The indicator project Use of structural funds e-commission 6/3/2012 5

6 Best-Practices projects Expert Group/blueprint Advice by practitioners Strategic recommendations Technical/operational process-related recommendations Forward-looking guidance Golden Book 30 platforms tested Identified Best practices within current operations 6/3/2012 6

7 eteg strategic recommendations Need for Governance e-procurement Strategy EU Strategy National strategy EU stakeholder Forum to effectively co-ordinate the governance activities (policy, standardisation, technical, etc.) at EU level COM to support the development of infrastructure and common tools (e-sens, LSPs, CEF) Ensuring wide availability of e-tendering services Supporting contracting authorities in accessing e-tendering services Encourage contracting authorities to set out a change plan Blueprint for transition plan CAs to formalise their plans measurable progress target date Top-level management commitment Monitoring, reviewing progress Training and dissemination activities for procurement managers Establishing a network for e-tendering performance monitoring 6/3/2012 7

8 eteg strategic recommendations Use of standards e-procurement actors (Policy makers, platform managers, CAs) to refer to European and International standards COM to mandate CEN and ETSI to progress standardisation activities and implementation guidelines in the areas identified in the report. COM to continue to identify, recommend and promote standards supporting end-to-end interoperability COM to use the e-teg recommendations as a basis for launching co-funded projects to drive standardisation and standards use in e-procurement. e-procurement standards e-notification qualification of suppliers (eattestations/certificates/virtual Company Dossier) procurement procedures (negotiated procedures, competitive dialogue, etc.) tender structures product/services catalogues and classifications accessibility standards for user interfaces registration / authentication digital signature and use of public key infrastructure data models and processes for e- Tendering performance measurement 6/3/2012 8

9 eteg strategic recommendations e-submission models to evolve COM to mandate standards-making bodies to develop tendering contents and process standards to allow the definition of structured tendering transactions. Paper Printed information Physical handling e-documents Unstructured-/semi-structured information in file attachments Efficiency in tender response transfer No physical handling (unless CA decides to print received documents) Structured information Processable information Immediate feedback to EO when entered information fails to meet minimum requirements automated/semi-automated evaluation of tender responses re-use of information and integration with back-end MSs to promote in their national plans transition to structured content handling and to a system-to-system model for e-submission Tender preparation Environment (EO) Internet e-delivery platform Tender processing Environment (CA) 6/3/2012 9

10 Golden Book Confirms Practice 22: Economic operators can create tenders using a core set of structured data and unstructured documents Facilitates tender specification preparation and tender response Enables tender evaluation Practice 19: Contracting authorities can evaluate part of their tenders automatically based on pre-defined criteria Enables transparency especially cross-border Full traceability 6/3/

11 eteg strategic recommendations Transparency of procurement opportunities Platform managers to use notification standards to publish all notifications and provide free access to such information as Open Data. COM to mandate standards-making bodies to further develop notification standards and search profiles. MS to promote the establishment of single points of access to public procurement information. 6/3/

12 Golden Book Confirms Practice 1: Platforms automatically transmit all their notices to a single point of access for publication SMEs can find all the opportunities on a single platform, which makes the opportunities more accessible. Accessing all contract notices from one place increases the visibility of contract opportunities for foreign economic operators 6/3/

13 eteg strategic recommendations Registration and authentication MSs to encourage CAs to provide free access without registration to all tender notices and documents. COM to promote the development of single sign-on services. This requires defining a legal framework for collaboration between platforms and the secure usage of standards. Task to perform on platform Query opportunity, Download specifications, Submit Q/A Authentication requirements for the EO EO opt in for light registration (or stay anonymous) Prepare Tender Username + password OR Two-factor authentication (e.g. password plus SMS-based token) if imposed by CA Submit tender Username + password OR Digital signature if imposed by contracting authority Contract signature (if Digital signature required by national law) 6/3/

14 Golden Book Confirms Practice 4: Economic operators can access and retrieve contract notices and tender specifications as anonymous users Lowering administrative and technical barriers increases the participation of SMEs and across border in public procurement Economic operators have all the information they require to decide whether they will participate in a specific process without being required to submit their credentials. 6/3/

15 eteg strategic recommendations Simplify qualification CAs should ask for electronic evidence only after the intention to award, permitting the use of self-declarations only at the prior tendering steps. e-certis database should be used by MS or CAs to define the required evidence. The COM and MS should progress, supported by the PEPPOL community, the development of VCD under the DG CNECT e-sens project and other EU funded initiatives. CEN should continue the standardisation of the VCD specifications so as to make their use possible via direct reference in procurement specifications. 6/3/

16 eteg strategic recommendations System confidentiality, integrity, availability Platform operators should enforce best security practices (ISO ) so as to protect both users and data without creating unnecessary burdens or barriers to use. MS should provide guidelines to define risk sources and actors and to establish stringent SLA for services provided by platform operators. Each CA should ensure that the privacy and security policy applied (to ensure confidentiality and integrity of the information submitted by tenderers until official opening of the bids) is published on its platform. 6/3/

17 Golden Book Confirms Practice 18: Platforms keep tenders encrypted until the opening session The platform ensures that nobody can tamper with tenders. This increases trust 6/3/

18 eteg strategic recommendations Digital signature Digital signature for legal value of tender? MS/CA to decide based on risk analysis If digital signature is required, CAs should make sure to accept digital signatures created by the use of any qualified certificates from the trusted list maintained by the Commission. The Commission should continue further development and maintenance of the assets developed for the functioning of the trusted list and updating and communicating this trusted list. 6/3/

19 Golden Book Confirms Practice 15: Economic operators can choose to manually or electronically sign a submission report containing the hash value of each submitted document some platforms allow the manual signature of a submission report by printing a one page report containing the hash values of the tender documents, signing it manually and sending it either by fax or post. Allowing manual signatures avoids the barriers caused by the use of national digital certificates. 6/3/

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