Proposal for a Directive of the European Parliament and of the Council on public procurement, COM (2011) 896, repealing Directive 2004/18/EC

Published: 18 December 2012

Policies & Issues: Legal

In the context of the modernisation of European policy in the field of public procurement, we express in this position paper our support for the simplification efforts aimed at preserving the openness of Europe’s public procurement market, and our endorsement of the aim to improve companies’ access to public procurement tenders. We strongly feel that the main goal of public procurement rules must be to achieve efficiency in public spending and ensure the best economic value for taxpayers’ money at the same time as opening up the internal market and fostering a competitive environment.
Whilst supporting certain amendments in specific areas, we oppose a major overhaul of the current legislative framework and believe that any revision must safeguard transparency, market openness and competitive tendering. As we further elaborate in our position paper, we point out our concerns regarding the implications of some of the proposed amendments legal framework governing public procurement. We believe, for example, that it is not only the purchase price criterion that should be taken into account in procurement procedures, but also the principle of cost-effectiveness

As regards the use of subcontracting and the proposed amendments, Orgalime does not support the imposition of a “one-size-fits-all” limitation, as we believe that each situation should be approached on a case-by-case basis.

Finally, we believe that efforts should also concentrate on a more uniform application and enforcement of EU procurement legislation and a better provision of assistance to contracting authorities in carrying out award procedures.

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