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Les obstacles que rencontrent les PME pour répondre aux marchés publics sont encore nombreux - Marches-Publics-PME

Les PME rencontrent toujours de nombreuses difficultés pour remporter des marchés publics. Il faut donc mettre en place des mesures leur permettant de répondre. Face à la crise, les élus locaux pensent majoritairement qu'il faut leur facilité la tâche afin de compenser les lourdes pertes qui les frappent. 

C'est ainsi qu'à Nantes, un bras de fer s'est engagé entre les élus et Michel Barnier, commissaire européen au marché intérieur. Les élus voulaient soutenir les entreprises locales tandis que ce dernier s'appuyait sur la règle du marché ouvert aux entreprises des 27 États de l'Union européenne. En fait, on est face à un paradoxe, la norme internationale de développement durable soutient le développement des territoires, mais les mêmes pays l'ayant accepté sont favorables aux normes de l'OMC. Les circuits courts sont un bon exemple de cette contradiction. Tandis que les élus voudraient encourager la production de proximité, la commission leur rétorque une définition qui n?intègre pas la notion géographique, mais seulement l'obligation de se limiter à deux intermédiaires.

Mais ce ne sont pas là, les seuls obstacles, le directeur de l?observatoire économique des achats publics à Bercy, Serge Doumain, affirment que les entreprises locales remportent majoritairement les appels d'offres. Dans l'étude publiée récemment, on peut constater que 60% des contrats du marché public revient aux PME. Ces chiffres s'expliqueraient par le fait qu'une entreprise locale peut proposer des prix moins élevés, qui restent un des critères prédominants des attributions. 

Les organisations patronales ne sont pas d'accord, elles estiment en effet que seule une part de 28% de la commande publique est attribuée aux PME et 40% pour les collectivités, le reste étant absorbé par les grands groupes. Pour le secrétaire général de la la CGPME, Jean Eudes du Mesnil, la situation est encore plus défavorable depuis que le Code a été refondu en 2006. Pour Jean-Claude Andréini, le constat est sans appel, il accuse les collectivités de ne pas prendre en compte les critères innovants pour décider de l'attribution des commandes. 

Un entrepreneur a été nommé en tant que médiateur des marchés publics depuis trois mois par le gouvernement, Jean-Lou Blachier. Pour sa part, il pense que les PME ont les cartes en main afin de répondre à ces marchés. Il affirme que beaucoup d?entre elles ne répondent pas aux appels d'offres alors que leurs carnets de commandes sont vides. D'après lui leurs réticences proviendraient d'une mauvaise connaissance, il pense donc qu'il faut développer la pédagogie afin de les encourager à le faire et simplifier les démarches.

Toni Saraiva - EISC Ltd - WinningTenders.eu's insight:

In a nutshell the public procurement mediator in France thinks that SMEs can bid for contracts and should even more when they have empty order books. Why are they not doing it? For him it is due to the fact that they lack the knowledge of public procurement, of contract opportunities etc.

He thinks knowledge/learning needs to be developed to get the companies on their way.

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Public procurement blacklisting comes into force on Tuesday - The Malta Independent

Public procurement blacklisting comes into force on Tuesday - The Malta Independent | Public Procurement - Europe | Scoop.it
With effect from Tuesday, companies that breach employment laws or public procurement regulations will face being blacklisted for up to two years.

The government had announced the new measure last March and a legal notice published on Friday brings the measure into force as of 1 September.

The new rules provide for the establishment of a Commercial Sanctions Tribunal which could blacklist contractors for a period ranging from six months to two years.

 

Back in March, Prime Minister Joseph Muscat had described the measure as the greatest disincentive that could be offered to employers who persist in finding ways to get around regulations meant to ensure that workers have decent working conditions.

He noted that, over the past few years, a number of measures have been introduced to address loopholes, but also said that employers who engage in precarious employment practices have proved to be quite ingenious in finding new loopholes to exploit.

The introduction of blacklisting, Dr Muscat said, may not put an end to such practices, but it sent a strong signal to employers who sought to persist in them.

“Ending up blacklisted is no joke,” he had added.

continues by clicking on the link in the title.

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public sector spends less than 3 per cent with new businesses

Less than 3 per cent of the UK public sector's procurement spend is with start-up companies, according to research.
Analysis by Spend Network looked at procurement transactions from central and local government between 2012 and 2014. The research looked at the age and size of companies getting contracts worth more than £500 for local government, and more than £25,000 for central government. The study encompassed 200 central and local government bodies in total.
It found of the £68 billion spent with identifiable suppliers, only £1.8 billion (2.7 per cent) was spent with start-up companies. These were defined as younger than five years old with a turnover of less than £2 million. Medium to large sized businesses got around 9 per cent of spend.
Central government spent considerably more with younger companies on management and business professionals and administrative services than it did on real estate management services.
The analysis showed that almost double was spent with younger companies in the North East than any other regions.
Nesta, a charity which promotes innovation, funded Spend Network's research as part of its work examining the role of government in supporting start-ups. It said the data showed it was still difficult for new companies to do businesses with government, despite efforts to improve access to government work for SMEs.
“Start-ups play a vital role in driving innovation across the economy, as well as creating 42 per cent of all jobs and contributing to economic growth,” said Tom Symons, principal researcher, policy and research at Nesta. “Nesta has argued that government should recognise this contribution and be a lead customer of start-ups, supporting them to scale and to bringing innovation to public services."
"We wanted to support this analysis by Spend Network as a means of gauging the support central and local government give to start-ups. The headline finding that only 2.7 per cent of the value of government contracts goes to start-ups suggests that this is a challenging market for them to work in, and that there is more the government could do to support them.”
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Austria: Court confirms advance effects of the new procurement directives | Briefings | The Lawyer

Austria: Court confirms advance effects of the new procurement directives

11 August 2015

As sufficiently known by practitioners of public procurement law, the transition period for the new Directives on public procurement law 2014/23/EU, 2014/24/EU and 2014/25/EU (“the Directives”), which entered into force in March 2014, will predominantly elapse on 18 April 2016. As the purpose of the transition period is to provide the member states with sufficient time to adjust the national rules to the new directives, member states cannot be accused of not transposing the Directives before the transposition deadline has expired (C-212/04, para 102)…

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Welsh Government to use new powers to regulate public procurement

Welsh Government to use new powers to regulate public procurement | Public Procurement - Europe | Scoop.it
Welsh public sector organisations will soon need to appoint a ‘community benefits champion’ under new regulatory powers that came into force in the country last week.
Public bodies will also need to apply a measurement tool to all deals worth more than £1 million – down from £2 million – as a minimum, and the government will provide a community benefits policy.
This follows the revision of the Welsh Procurement Policy Statement in June. The policy sets out how the devolved government expects public purchasing to be delivered.
Powers that will allow the Welsh government to regulate public procurement were granted by the UK government and came into force on 14 August. Community benefits will be one of the first areas where the powers will be used. Welsh minister for finance and government business Jane Hutt tweeted: “These new powers will be instrumental in strengthening the adoption of our refreshed Procurement Policy Statement.”
The first Procurement Policy Statement was published in December 2012 and set out nine principles for the public sector to adopt.
The revised statement includes an additional principle on policy development and implementation, which explains how the government anticipates procurement can support the seven well-being goals set out in the Future Generations (Wales) Act, which was passed earlier this year.
Public sector organisations will also need to complete an annual report to the government on how they engage with the statement. And purchasers will be incentivised to continue their professional development under CIPS’ ‘licence to practise’ and the CIPS ethics test. The government also intends to publish new guidance for the public sector on ethical procurement.
“I would expect to see procurement treated with the respect it deserves, with organisations acknowledging the economic benefit it delivers, and recognising procurement at board level,” Hutt said.
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Home Office seeks advice on Police Radio omnishambles

Home Office seeks advice on Police Radio omnishambles | Public Procurement - Europe | Scoop.it
The Home Office has announced a new twist in the sorry tale of the Emergency Services Network saga and is asking suppliers to consult on a procurement framework that started two years ago.

The government department has published a Prior Information Notice (PIN) for a tender to replace the Airwave communications equipment used by the fire, police and ambulance services.

The omnishambles, which we highlighted in January, has seen mobile networks promising to deliver technology which doesn’t exist to a timescale which is massively over-optimistic, to replace an ageing system which doesn’t do everything the police want – but which does many things the planned replacement systems won’t be able to do and does voice very, very much better than could be envisaged with a 4G system.

It’s no wonder that the Home Office wants to consult: it needs to find a way out of the mess it has created. Whatever happens, it’s pretty certain nothing will be ready to the government timescale – it would need to already be in testing if that were to happen.

The PIN talks about “Extended Area Services”. This sounds like a revitalisation of the Lot 4 of the initial Emergency Services Network procurement process. This lot was cancelled when the mobile phone networks promised they would have great mobile phone coverage through the Not Spots deal. It now seems that the Home Office has had second thoughts about that. Perhaps it has been reading The Register.

The notice says:

This PIN relates to the revised scope of this Lot 4; ESMCP has determined that EAS would comprise contracts with suppliers who would:

1. Search for and acquire suitable telecommunication sites, to design infrastructure to build on these sites, to obtain all applicable approvals and consents and to construct the infrastructure.

2. Provide the network to link the telecommunications mast to the MS Suppliers network. This could be done by a fibre, microwave or satellite.

3. Manage and maintain the infrastructure.

It might also be an insurance policy in case the one surviving bidder for Lot 3 – which is EE – pulls out.

Even if the mobile coverage was as good as the 99 per cent by landmass of the Airwave network, it wouldn’t extend into London Underground. Airwave runs a parallel network to the London Underground Connect project, along the same leaky feeders but using separated switching. This was originally deemed to be politically impossible under the PPP funding of Connect, but after the July 7 bombings, when London Underground was admonished for its poor communications (Connect was a three-year project which took 17 years), a way to support Airwave was found.

Getting cellular coverage for the police in the underground would have to be seen as being an exceptionally long-term project.

The Fire Service has recently renewed its contract with Airwave for the next five years. Each of the 43 police forces will negotiate separately with Airwave. John Lewis, COO of Airwave, recently told The Register that the company saw its future in providing applications and a back end to emergency services after a move from Tetra to 4G. While Airwave has an MVNO deal, he didn’t see that as a way forward, nor was he interested in bidding for spectrum.

He expects, in the long term, mobile services from the existing mobile networks to supplant Airwave. What happens with Airwave may change as Sky News has reported rumours that the bank Larzards has been appointed to sell Airwave. A source told The Register that Motorola Solutions is very keen to complete the deal.

Companies interested in taking part in the consultation will need to apply through the standard government procurement system and sign an NDA. ®
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World Bank adopts new Procurement Framework | Global Compliance News

World Bank adopts new Procurement Framework | Global Compliance News | Public Procurement - Europe | Scoop.it

On July 21, 2015, the World Bank’s Board of Executive Directors approved a new policy governing procurement in projects financed by the Bank.

In the new Procurement Framework, the World Bank said its management “will examine options to collect, and make available the beneficial ownership information for legal entities participating in Bank-financed procurements.”

In June, Transparency International-USA together with 106 other civil society organizations from around the world had asked the World Bank to collect and disclose the identity of all legal entity bidders on Bank-financed contracts and publish this information in an open data format to foster transparency in contracting practices. See Transparency International-USA press release dated June 8, 2015. The Bank sought for public comment on procurement and how to reform it and held 61 consultation meetings in 37 countries.

The Bank’s procurement system affects a portfolio of about $42 billion in over 1,800 projects in 172 countries. “A portfolio this size needs a modern and nimble procurement approach that gives our clients the best value for each dollar that we invest,” said Hartwig Schafer, World Bank Vice President for Operations Policy and Country Services.

“For the first time,” it said Tuesday, “the World Bank will allow any contract award decisions to be based on criteria other than lowest price, including quality and sustainability.” It was promised that Procurements will be speedier as prior reviews of contracts will be limited to those with the highest risk and highest value. The Bank also wants to allocate resources to provide help to fragile countries and small states to assist them better in procurements financed by the Bank.

The new Procurement Framework will go into effect in 2016. 

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Procurement contribution in the UK

The UK government provides as much as £180 billion in ‘corporate welfare’ – including procurement subsidies - to private businesses, according to a study.
The research by the University of York estimated the potential cost or value of the various forms of public provision for private businesses, using 2012-2013 as a snapshot year.
The report, The British Corporate Welfare State: Public Provision for Private Businesses, by Kevin Farnsworth of the university’s department of social policy and social work, estimated subsidies, capital grants, tax benefits, insurance and advocacy as well as transport, energy and procurement subsidies are worth around £93 billion per year.
It suggested indirect benefits, including wage subsidies, education and public health care are worth an additional £52 billion, while the annual legacy costs of the 2008 bank bailouts and other crisis measures add a further £35 billion.
Corporate income tax contributions were around £42 billion in 2012-13, and just over £100 billion when employers’ National Insurance contributions are added, while tax avoidance costs £12 billion a year.
The research estimated £15 billion of ‘corporate welfare’ comes from procurement, and cites various arguments that procurement of public services from private businesses is a form of subsidy.
The study posited that when governments purchase goods and services from the private sector they are directly boosting the profits of private companies, and such transactions take place outside of the regular market, and government may not get the best deal.
“Thus, procurement results in sales that may not otherwise occur, or if they didn't, would occur within competitive markets,” the study says. “On the other hand, to equate the whole procurement budget to corporate welfare would imply the state is capable of producing everything it consumes, which it couldn't reasonably do.
“Given the above complexities, perhaps a better way of assessment the corporate welfare element of procurement is to examine the size of the ‘subsidy’ that stems from the fact that procurement transactions take place outside of competitive markets that are not subject to regular competitive practices.”
Farnsworth added: “A full debate about the ways in which corporate welfare is funded and delivered is long-overdue. Such a debate is hindered, however, by the fact that corporate welfare is, with very few exceptions, rarely acknowledged and discussed. This report and database seeks to reverse that.”
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New EC initiative fostering Innovative Public Procurement

New EC initiative fostering Innovative Public Procurement | Public Procurement - Europe | Scoop.it

The European Commission has recently launched the European Assistance for Innovation Procurement (EAFIP) initiative, aiming at supporting innovative public procurement. The initiative will assist public procurers (ministries, local authorities, etc.) to implement innovation procurements, namely Pre-Commercial Procurement PCP and Public Procurement of Innovative Solutions PPI, across the European Union. During the next three years (2015-2017), EAFIP will focus on promotion, training and assistance to public procurers with a concrete interest in implementing innovation procurements for ICT based solutions across the EU.

EAFIP will focus on:
• Helping procurers in the design and implementation of their procurement process and providing a toolkit to assist them with the procedure. 
• Organising training workshops specifically targeted at providing procurers and using good practice approaches and hands-on support. 
• Promotion for innovation procurement to a wide audience through three major events.

www.EAFIP.eu

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European Assistance For Innovation Procurement (eafip) initiative has been launched

The European Commission has identified Pre-Commercial Procurement (PCP) and Public Procurement of Innovative Solutions (PPI) as key tools under Horizon 2000 to foster innovation of ICT based solutions in the EU. In order to stimulate innovation procurement the Commission is supporting public procurers through European Assistance for Innovation Procurement (eafip), a new initiative focusing on promotion, training and assistance in implementinginnovation procurements for ICT based solutions across the EU. 

Interested? Want to find out more or be informed about eafip activities?

Sign-up on the eafip website to be kept informed of all eafip activities, including the toolkit, direct assistance to procurers, workshops and other events.
Save-the-date for the first eafip Innovation Procurement event to be held in Paris on 27th and 28th October 2015. This event will give procurers, policy makers, businesses and other interested parties the chance to discover the latest development in EU innovation procurement initiatives and funding opportunities, as well as hands-on practice with theeafip Toolkit. More information will be posted regularly on the website, the full version of which will be launched over the summer. Sign-up via the website to be informed automatically.
Stay tuned at https://twitter.com/eafip_eu ;

Assistance will take the form of helping procurers in the design and implementation of their procurement process and providing a toolkit to assist them with the procedure. 
• The initiative also offers training in the form of nine workshops across Europe specifically targeted at providing procurers and using good practice approaches and hands-on support. 
• eafip will also promote innovation procurement to a wide audience through three major events.

The initiative will focus on the following sectors:

1. Construction, housing and community amenities;
2. Health and social protection;
3. Education, recreation, culture and religion;
4. Environment;
5. General public / services – public administration - economic and financial affairs;
6. Public order, safety and defence;
7. Exploration, extraction, production, transport and distribution of energy such as electricity, gas, heat, oil, coal, other solid fuels;
8. Transport services such as railway, urban railway, tramway, trolleybus, bus services, airport and port related activities;
9. Water; and
10. Postal services.

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Sustainable Public Procurement Portal in Catalunya

Sustainable Public Procurement Portal in Catalunya | Public Procurement - Europe | Scoop.it

The web portal comprasostenible.net begins its journey

Ecoinstitut has launched the web portal comprasostenible.net, an entry point where Catalan public authorities can find their way to the most relevant resources available to safely implement SPP in the region.

The portal provides responses to the main questions of concern for decision-makers and practitioners for the introduction of socio-environmental concerns in public procurement – such as: if it’s legal, if it’s more expensive, if there are resources and support structures to help in the process, etc.

It does so by providing information and pointing to key resources from relevant organisations. Among others you can find:

Arguments to support SPP at the decission-making level,Useful resources and support structures to implement SPP in al its facets, specially for the introduction of sustainability criteria in tendering processes,Repositories of products and services with socio-environmental attributes to know a bit better the market, orGood examples and practices to learn from others.

Almost all the resources are in Catalan or Spanish to minimise language barriers to SPP, and it will be expanded periodically to cover new and relevant information, materials and examples that appear regularly.

The portal has been developed thanks to the EU-funded project GPP2020 and will be kept up-to-date even after the end of the project as a permanent suport structure.

To reach it, just go to: www.comprasostenible.net  

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Strengthening the Serbian public procurement system

Strengthening the Serbian public procurement system | Public Procurement - Europe | Scoop.it
There has been a lot of resentment and uproar among users of the public procurement in Serbia, but the Public Procurement Office has been improving the system, introducing more transparency in the spending of public funds.

Effective public procurement at all levels is a key to the development of both a resilient democracy and a competitive economy in Serbia. The latest EU report on the country’s progress towards the Union has dubbed the area of public procurement as “moderately advanced”. While the report hailed progress in the field, it noted that the capacity of the country’s Public Procurement Office (PPO) needs to be strengthened further and that the national strategy and action plan for upgrading the public procurement system remain to be updated.

It all started in late 2002 under the late PM Zoran Djindjic, when the first Law on public procurement entered into force and the PPO was established as an independent governmental agency. The aim of the institution was to help the establishment of sound procurement procedures and practices, ensuring that public funds are spent in an efficient and transparent way, thus complementing government's overall drive in fighting corruption. 

Mr. Predrag Jovanovic was elected to head the newly formed institution, given his previous experience in the field with NGOs — European Movement and Transparency Serbia. “I still remember that day when I had a paper on founding the Office in my hands, with no office, no stamp or people with me,” Jovanovic recalls. “It was one man in the decentralised system of 10,000 contracting authorities.” So, he started making a team and developing mechanisms to implement the law from the scratch. 

According to Jovanovic, there were two main challenges they have been facing ever since the beginning: the tendency to avoid public tenders and poor administrative capacities of the PPO.

“People were oriented towards either being exempt from the application of the law or to go to a negotiated procedure without public announcement,” say Jovanovic. He is referring to emergency situations, when, under Serbian Public Procurement rules, direct negotiations are allowed. “Many situations have been classified as emergency. But, if you need a new heating system as winter is just around the corner, this cannot be classified as emergency, as we all knew that the winter was coming,” Jovanovic explains.

The Agency found that in 2012, 28 per cent of the total procurement value was contracted in non-competitive, negotiated procedure, while in 2014, this figure dropped to only 5 per cent, which is in line with European standards. In addition to this, open procedure participated with 56 in the total value of procurement in 2012, while in 2014, the share soared to 85 per cent. 

In the Office of 23 people at the moment, the lack of capacities to serve the entire country still remains a problem. Jovanovic says that the number of employees should be increased to 36. There are only two telephone lines for consultancy in the area of public procurement for a whole country. Therefore, one of the main goals of the Office now is to assist to cities, regional centers to upgrade their expertise in public procurement which would enable them to assist other municipalities. This would mean to build and strengthen agencies in local municipalities to deal with public procurements on a competent and professional manner.  “Even if there are hundreds of us sitting in Belgrade, it is not good to have one advisory body on 10,000 contracting authorities. We need to develop more “centers of excellences” through Serbia,” Jovanovic noted. He expressed his hope that by 2018, Serbia will achieve this goal. 

An important step in this direction is the Agency’s continuous professionalisation and licensing of public procurement officials. So far, there are over 2,000 certified public procurement officials working across Serbia. This is an area in which the Office has been supported by the Norwegian embassy through a project, coordinated by UNDP.

Meanwhile, in order to make the entire process more transparent, the Office is proud of its portal of public procurement. There one can find all the necessary information (contract, tender documentation, decision of the Commission for Protection of Competition, if any etc.) related to each case. “We only need plans for procurement to have completed files for each case, but we hope to include this soon, once changes to the Law are adopted,” adds Jovanovic. People seem to find this data base useful, as in the last quarter of 2014, it had 500,000 visits.
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Transparency Intl: more civil control over procurement would reduce corruption

More control by civil groups over public procurement would increase transparency when it comes to tapping EU funds as well as reducing the cost of projects and corruption, the head of Transparency International Hungary said. TI has repeatedly warned about the risk of corruption involved in the rules and implementation of Hungary’s public procurement processes, József Péter Martin said, referring to the European Union’s 2015 Hungary report, which said that a lack of competition and transparency was especially worrying. The European Commission has asked the Hungarian government to participate in a pilot project involving civil supervision of EU-financed projects. This pilot would offer a good opportunity to demonstrate that “public procurement can be completed without corruption,” Martin said.

Zoltán Kéri, department head at the Cabinet Office, said it is a “common interest” that public funds should be legitimately disbursed and those monies should really serve development. Kéri also insisted that the commission’s critical remarks had not been directed at Hungary’s regulations but at “the way they are implemented in daily practice”. He added that proposals before Parliament seek to increase competition and ensure that public procurement is simpler and faster.

TI’s legal director Miklós Ligeti welcomed that the new public procurement law would increase transparency and competition, but said that reducing red tape could involve risks of corruption. He also called it ill-considered that under the new legislation public tenders could be restricted to any three bidders selected by the procurement agency.
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£100m Devon procurement did not break rules, Monitor confirms

Northern, Eastern and Western Devon Clinical Commissioning Group did not break procurement regulations when it selected a preferred provider for a £100m community services contract without going to tender, Monitor has concluded.

Monitor finds NEW Devon CCG did not break rules by awarding community services contract to Royal Devon and Exeter FT without tender
Probe triggered by Northern Devon Healthcare Trust, which claimed process was inadequate and unfair
CCG must do more work to ensure value for money before awarding contract

The regulator said the process used by NEW Devon to choose Royal Devon and Exeter Foundation Trust “was proportionate and enabled it to select a provider from the available options”.

However, Monitor warned the CCG needed to “do more work to ensure that it will get value for money before awarding the contract”.

Monitor launched its investigation into the procurement in January, following a complaint from Northern Devon Healthcare Trust, the provider which stands to lose the contract.

Northern Devon claimed the CCG’s selection was not competitive, not transparent, and affected by conflicts of interest.

The CCG chose Royal Devon by inviting potential providers to propose solutions for delivering the service, which were then evaluated, but it stopped short of a full tender process.

In its ruling, published today, Monitor did not uphold Northern Devon’s claims.

Catherine Davies, Monitor’s cooperation and competition director, said: “Having set out its vision for community services in the local area, NEW Devon CCG chose between providers in a way that was tailored to its needs.

“The approach NEW Devon CCG took won’t work in all cases, but it shows that commissioners can be flexible in their processes for selecting providers”, she added.

However, the report said the CCG’s work to date “does not yet place [it] in a position where it can enter into a contract” with Royal Devon.

NEW Devon would first have to determine the scope and pricing arrangements for the contract, evaluate its value for money, and satisfy itself that it was the best way to meet patient need and improve quality and efficiency.

If it was unable to do this, Monitor said it “would not expect the CCG to award the contract”.

In a joint statement, NEW Devon CCG and the two trusts said the CCG had been “exonerated”. The three organisations pledged to “work together to demonstrate this procurement represents value for money to the taxpayer through a due diligence process”.

Rebecca Harriott, NEW Devon’s chief officer, said the CCG would press ahead with “pre-planned work to ensure value for money”, before awarding the contract in November.

James Brent, Royal Devon’s chair, said the ruling would result in “much closer integration of acute and community services in east Devon to the benefit of our patients and communities”.

Northern Devon chair Roger French said the trust accepted the findings “entirely”.

“We are really pleased that the outcome of the Monitor report means there is now clear guidance as to what now needs to happen to ensure a robust way forward,” he added.

Monitor’s final ruling tallies with an interim judgment it published in June.

Following the interim report, Northern Devon submitted a response to Monitor that branded NEW Devon’s procurement “shambolic” and claimed Monitor’s findings were “perverse”.
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Ministers under fire for allowing half of Britain's police forces to order 3,000 foreign-made vehicles

Ministers under fire for allowing half of Britain's police forces to order 3,000 foreign-made vehicles | Public Procurement - Europe | Scoop.it
Ministers are under fire for allowing a multi-million pound contract for thousands of new police vehciles to be handed to foreign car firms which will make them outside of the UK.
The deal is the first time that so many police forces have joined together to buy cars at the same time to try to secure a cheaper deal for taxpayers.
It will see Ford, Peugeot, BMW and Vauxhall provide 3,000 new vehicles worth tens of millions of pounds for over half of Britain’s police forces over the next two years.
Police forces said they were powerless to offer the contracts to British car factories because European Union procurement rules meant they had to go to the cheapest bidder.
Mike Penning, the Policing minister, said he would examine whether more could be done to encourage British police forces to buy British-made cars.
The news has come just as the Metropolitan Police – the country’s biggest force – is running its own procurement process to replace thousands of police vehicles.
The deal – worth £34million – was announced without fanfare last month by West Yorkshire police, which was the lead force in the negotiations. Buying in bulk saved the forces £5million.
The main vehicle supply contract was awarded to Peugeot, while Vauxhall was awarded a separate deal to supply vans using the same process.
It includes for Peugeot’s 208 and 308 cars, and the Partner, which are made in France, BMW's 3 and 5 series, which are made in Germany.

The Peugeot factory in Sochaux, France
Also included in the deal are BMW's X5 which is made in Spartanburg, USA and Ford's Kuga, which is made in Valencia, Spain.
The only British-made cars in the deal are for the Astra 1.6 diesel, made by Vauxhall in Ellesmere Port, and for the Vivaro van, which is made in Luton.
The 22 forces involved in the deal include the British Transport Police, Cleveland, Cumbria, Greater Manchester, Police Scotland, South Wales, Surrey, Sussex and West Yorkshire.
For years British police forces would only buy British cars until concerns about reliability crept it.
But there was controversy when 1965 the Hampshire and Isle of Wight Constabulary put an order for Volvo estate cars from Sweden.
That was followed by a decision by Thames Valley police to order BMW cars in 1972.
Labour criticised the decision pointing out that police and France and Germany are never seen driving around in British-made vehicles such as Nissan’s or Toyota’s models.
Jack Dromey, the shadow policing minister, said Home Secretary Theresa May “must not let London down” and intervene to ensure the vehicles were British-made.
He said: “The Government is guilt of a lamentable failure to use taxpayers’ money to buy British for British bobbies.
“No French police minister would ever buy British cars for French gendarmes. Buying British would also boost British manufacturing.”
Chris Matheson, Labour MP for the City of Chester, accused the Government of “betraying” the British car industry by not buying British-made cars.
He said: “No other major EU country would betray one of its leading industries in this way.”
It was very hard “to go to Germany and find a police car that is not an Audi, a Mercedes, or a Volkswagen or to go to France and find a police car that is not a Peugeot, a Citreon or a Renault”.
Britain is the fourth largest vehicle manufacturer in the EU, producing 1.6million cars and commercial vehicles every year.
Mr Matheson said awarding the contract to Peugeot was a “double insult” because the French car maker had closed its plant near Coventry in 2006, with the loss of 3,000 British manufacturing jobs, and outsourced the work to Slovenia.
He added: “In times of austerity it cannot be right that we are potentially taking millions of pounds of British taxpayers’ cash and posting it across the channel. Does that really represent value for money for British taxpayers?”
“I simply cannot understand why the Government, or other public authorities such as the consortium or police and crime commissioners, are so keen to open the doors to foreign corporate bidders and hand over huge public sums to globalised companies that hold no loyalty to the UK.”
A UK motor industry source said forces were unable to choose to buy British-made vehicles now because of the UK’s literal interpretation of European Union procurement rules.
The source said: “In the old days a lot more police forces tended to buy British.
“Other countries can opt out from EU procurement rules to support their local manufacturers, but Britain does not. In the old days a lot more police forces tended to buy British.”
The National Police Chiefs’ Council, which sets policy on policing matters, said that it could not choose British manufacturers over foreign ones because of EU procurement rules.
David Wilkin, the Council’s lead for Vehicle Procurement and Standardisation, said: “The vehicle purchase consortium contract was awarded after suppliers were invited to bid under European procurement laws.
“The award criteria looked at the whole life cost of vehicles rather than just the purchase price; taking into account ongoing costs such as fuel usage and servicing to ensure police forces get the best value for money.
“The police are committed to getting best value for money for the taxpayer while obtaining high-quality goods and services to keep officers and the public safe.”
A spokesman added that the cars would be converted into police cars in the UK, so that would ensure that British workers benefitted more from the contract.
Mr Penning promised to examine British treatment of EU procurement rules to see whether forces could demand to buy British made vehicles.
But he said: “The key is having the right vehicles for the right people doing the right jobs.”
Mr Penning pledged that more forces will be combining in the future on large procurement programmes to save money.
Mr Penning added: "There remains more to do. That is why I have decided to publish key police procurement information on the prices that forces currently pay for the most common items of uniforms and equipment, like shirts, handcuffs, batons and helmets."
Manufacturer Model Where are they made?
Peugeot 308 Mulhouse and Sochaux, France
Vauxhall Astra 1.6 diesel Ellesmere Port, UK
Peugeot 208 Poissy and Mulhouse, France
Vauxhall Vivaro Luton, UK
BMW 3 series Munich, Germany
BMW 5 series Dingolfing, Germany
BMW X5 Spartanburg, USA
Ford Kuga 4X4 Valencia, Spain
Toni Saraiva - EISC Ltd - WinningTenders.eu's insight:

Typical misrepresentation of procurement and the EU. the cheapest price has nothing to do with EU procurement rules. It is up to the procurers to decide how they want to carry their procurement. it can be based on price on a waft of other factors which can help or deter local content.

the EU are there to make things fair as much as possible and efficient as well as preventing corruption. It is of course not perfect but the purchase of foreign cars as nothing to do with the EU and the EU procurement rules but more a design fault of the process by the UK procurers / politicians misplacing thoughts in the public's mind.

As comments reported land rovers are being bought by police forces in Italy and other countries, is that a problem?

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Changes to the Public Procurement Rules in Scotland Consultation - Analysis of the Responses

An analysis of the responses to the 2015 consultation on public procurement reform.
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New Irish political party Renua proposes procurement reform

Renua, a new political party in Ireland launched in March, is proposing reforms to public procurement to increase transparency, innovation and the involvement of smaller businesses.
Announcing the policy, the party's leader Lucinda Creighton said it believed all government purchasing decisions should aim to foster the growth of small businesses.
The Irish government spends approximately €13 billion (£9 billion) every year on goods purchased from private sector service providers, Renua said.
Creighton said there was a lack of national vision and direction behind the country’s public procurement strategy, and too much reliance on a one-size-fits-all ‘big government’ framework model, instead of more competitive localised lots.
Under the reforms Renua would introduce social impact clauses requiring government buyers of goods and services to consider the economic, social and environmental impacts of their purchasing. Failure to do so would be grounds for the suspension of the award process and/or an appeal to the ombudsman.
Under the new system, regionally-orientated tendering processes would be favoured over national framework agreements, to level the playing field between large and smaller companies.
A policy of mandatory training would be introduced for all buyers or procurement officers for government departments, with contracts in excess of €10,000 (£7,000) requiring advanced training. Procurement officers and buyers would be personally accountable for improperly awarded contracts.
If challenged, buyers would have to show contracts were awarded meeting EU and national regulations. Sanctions would be applied if they failed to do this, with a graduated bonus scheme for those that helped save money.
Renua also cited Barcelona’s public procurement process, where the overall problem itself is put out to tender, rather than the individual services, allowing more creative solutions to obtaining outcomes. Full e-procurement would be introduced in Ireland, making all expenditure and contracts traceable and eligible for monitoring and review.
Renua would extend the current remit of the ombudsman to include public procurement.
The public will also have access to the procurement database, with the ombudsman providing an annual report on the effectiveness of public procurement in Ireland. Its recommendations would be binding on government buyers
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SMEs are key to transformation of public services - Government Computing Network

Real progress has been achieved in making it easier for SMEs to do business with government. But further reform of procurement processes is needed to make them simpler and less needlessly bureaucratic, argues Naureen Khan, associate director - Central Government at techUK

 

Cabinet Office minister Matthew Hancock has to set out his vision for a more productive, innovative, collaborative civil service in important speeches since the election. To succeed, Hancock has been clear that the UK needs a tech-savvy civil service that uses the best and most innovative technology to cut costs and improve services. For anyone who believes in the transformative power of technology this is good news. But how far has government got to go to meet the vision and what can be done to ensure success?

Government, quite rightly, has long recognised the need to open up its supply base so that it can access the very best and most innovative technology at the best prices. To do that, government has to get better at procuring from SMEs. In March 2011 the Prime Minister set out a target of 25% of spend to be awarded to SMEs either directly or indirectly. In its 2015 Manifesto, the Conservative party committed to increasing that spending target to 33% - a clear signal of just how important SMEs are to the government's strategy.

Real progress has been achieved in making it easier for SMEs to do business with government. However there is still some way to go. In a recent techUK survey, we asked nearly 1,000 civil servants if there was an appetite within their department to procure a higher percentage of their technology services from SMEs. Only 21% agreed that was the case, with the majority unsure or disagreeing. Our survey also showed 44% of civil servants felt they had access to a limited range of suppliers and only 20% agree their department has the skills and capabilities to manage suppliers effectively.

So what can be done to address this and how can we build the competencies and confidence that Matthew Hancock is keen to see developed across the civil service? Firstly the government should press on with the things that are already working. It needs to continue to drive more spend through the Digital Marketplace, keep investing in G-Cloud. However, suppliers of all sizes would also like to see further reform of procurement processes, to make them simpler and less needlessly bureaucratic, so they meet the needs of the users and not just the procurement and legal experts. The public sector also needs to ensure that it is drawing upon the skills, capabilities of British based companies across the whole of the UK and not just London and the South East.

For its part the sector can support government by facilitating engagement between procuring departments and a broader range of technology suppliers. techUK will be running roadshows with GDS and CCS on the Digital Marketplace across seven UK cities over the next two months, engaging hundreds of companies of all sizes across the UK, many of whom will never have sold to government before. Meaningful early market engagement, is best practice as it gives early warning of new opportunities to the market; provides civil servants valuable insights into the skills and capabilities across the market; and can helps to identify and head off barriers to companies participating in the market.

As the minister has said repeatedly, technology marches on, and government needs to ensure that it is drawing upon the very latest and very best that our industry has to offer. By doing this government can help to build a strong and rich ecosystem of technology excellence in the UK.

Naureen Khan is associate director- Central Government at techUK
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World Bank procurement reform

An overhaul of procurement at the World Bank Group has raised questions over the level of funding available and the ability of staff to support the changes.
A new procurement framework for the bank has been produced, which is to be presented to the board of executive directors on 21 July for final approval, and involves a more project-specific approach to setting purchasing strategy.
Under the proposed new rules, which govern how cash loaned to countries is spent, borrowers will work with bank staff to produce a procurement strategy for each project and bank staff will also have a role in “borrower capacity building”.
In a report the bank said that following a consultation “it was widely recognised that effective implementation of the framework would require a culture change among bank staff, particularly with regard to providing hands-on expanded implementation support”.
The report said an independent benchmarking process found “the procurement skills of the top 10 per cent of bank procurement staff compare favourably with those of the best-in-class of benchmark comparators”.
In a blog entitled World Bank procurement reform: some notes for the board, Jeffrey Gutman, former vice president of operations policy and country services at the bank, welcomed the changes. But he added: “With only 10 per cent of bank procurement staff considered to be ‘best-in-class’ relative to comparator organisations – a relatively poor percentage for a normative and advisory institution – the plan’s targets for the next few years seem very optimistic.”
Gutman, a senior fellow in the global economy and development programme at think tank the Brookings Institution, who produced the blog in partnership with Charles Kenny, senior fellow at the Center for Global Development, and Daniel Runde, director of the project on prosperity and development at the Center for Strategic and International Studies, added: “This reform clearly requires more from the bank and its staff, and meeting these new demands will come with a significant price tag.
“A real test of the bank’s commitment to the reform is whether it will truly fund the capacity building element. Will it put its money behind its policy?”
In the report the bank said a training and development programme would be created. “In management’s view the bank has enough staff with the skills needed to begin incremental implementation of this framework,” said the report.
The bank acknowledged the framework “will require additional resources”. “Management has allocated sufficient funds to implement the new framework, including funding for extensive training and development activities to establish the framework,” said the report.
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Heathrow starts runway work by setting up Procurement Forum

Heathrow starts runway work by setting up Procurement Forum | Public Procurement - Europe | Scoop.it
HEATHROW has already moved into the delivery phase of a third runway after last week’s backing from the influential Davies Commission.

Airport bosses have begun the procurement process for expansion at Heathrow in earnest after the third runway idea was recommended on Wednesday last week.

The pro-expansion verdict came in a final report published by the Davies Commission – the government will make the ultimate final decision by the end of this year.

John Holland-Kaye, Heathrow chief executive officer, told the Runways UK conference on Monday the debate on airport expansion is now over and work has begun on expansion with the airport creating a Procurement Forum made up of representatives from different sectors and from across different UK regions who will work with Heathrow over its expansion plan.

John Holland-Kaye, Heathrow chief executive officer, said: “With expansion, we will create tens of thousands of skilled jobs while we build, as well as when we have built – skills that will leave a legacy of construction excellence in this country that can be sold all round the world.

“When we built Terminal 2, on time and on budget, we spread our supply chain to all parts of the UK, and we will do the same again, ensuring that all of Britain benefits from Heathrow expansion.”
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ResearchItaly - Pre-commercial procurement programme: from MIUR €100 million to innovation in the Public Administration

ResearchItaly - Pre-commercial procurement programme: from MIUR €100 million to innovation in the Public Administration | Public Procurement - Europe | Scoop.it
A tool to provide the Public Administration with high-tech services that are not yet on the market, developed to meet specific needs and that encourage extensive development in key fields including health, energy, transport and security. 

These are the pre-commercial procurement agreements, an innovative approach that focuses exclusively on research and development activities and provides for the sharing of risks and opportunities between public and private bodies. This was the main topic discussed during the workshop “Pre-commercial procurement programme for innovative solutions in the PA” that was held in Rome at the headquarters of the Agency for Digital Italy (AGiD).

AGiD has recently signed an agreement with the Ministry of Education, University and Research (MIUR) to promote and test this innovative approach in the PA that will be supported by MIUR through calls worth €100 million overall (allocated under the Cohesion Action Plan  2007-2013) that will focus on the development of innovative services in the public administrations of the Convergence Regions – Calabria, Campania, Puglia and Sicily.



“This is an extremely important initiative for MIUR since it inaugurates a new way of doing research and development aimed to meet the social needs of the community and that is part of the new National Research Programme that will be presented soon”, said Fabrizio Cobis, from the MIUR Directorate-General for the Coordination, Promotion, and Valorisation of Research. Health and care services, environment, cloud services, civil protection and tourism are some of the fields in which the new innovative solutions will be developed and tested, with reference to the 42 expressions of interest eligible for resource allocation, of which 30 under the responsibility of MIUR and 12 of the Ministry of Economic Development (MISE), respectively.

The innovative approach of service delegation and the characteristics of the intellectual property of the ideas developed were presented by Mauro Draoli, from AGiD’s Citizens, Enterprises and Technological Transfer Unit. “Pre-commercial procurement is a procedure of public tender for acquiring research and development services that are not on the market yet, on which the provider holds a considerable part of industrial rights, including the right to marketing the service”, explained Draoli.

Pre-commercial procurement generally consists of more phases (usually three), including the publication of a call by the awarding authority and the selection of several commercial operators, chosen according to the quality of the solution they propose. Passing from one stage to another, the number of the selected commercial operators is reduced progressively, a prototype is developed and the solution is experimentally tested, with at least two enterprises selected for the final stage, in order to keep in line with the criterion of the most cost-effective proposal.

Differently from common tenders, the budget is divided among several economic operators during the different stages. “When the selection is completed, the economic operators will be able to exploit the solutions developed also in markets different from the Public Administration, by offering their service also on international markets” said Draoli. Conversely, in the case of  intellectual property rights arising from the implementation of services, the awarded enterprise and the awarding authority will be co-owners, while the marketing rights will go the former. Of the €100 million allocated by MIUR to this new procurement programme, 80 will be allocated to the R&D stage, while additional €20 million will be used to carry out small-scale business testing: a useful stage before reaching the global market.

           
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Innovation Procurement - IÖB – ECOVATION – 30.09.-01.10.2015

Innovation Procurement - IÖB – ECOVATION – 30.09.-01.10.2015 | Public Procurement - Europe | Scoop.it

Dear All,

Possibility for participation on the Ecovation conference in Graz with reimbursements!

As you may know under the Public Procurement of Innovation Platform project we are managing an Experience Exchange module. This is for procurers to travel to advanced organisations to gain a more in-depth understanding of innovative procurement processes. As well as developing skills on PPI and PCP by learning from others, participants can also experience new ways of thinking about problems and solutions.

After agreeing with the organizers (Austrian PPPI Service Centre) the PPI Platform project team decided to finance (travel + accommodation) the participation of a number of procurers to the conference under the Experience Exchange Programme. The project can cover travel and accommodation cost but only for a limited number of applicants.

The language of the conference is German, which means that applicants should speak German at a sufficient level.

More information on the conference is available at http://www.ioeb.at/ecovation

If you would like to use this opportunity you should complete the application form and send it to the PPI Platform team . For more information, clickhttp://www.innovation-procurement.org/exchange/experience-exchange/ ;

 

We are looking for participants preferably from New Member States. Thank you for your understanding.

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American teachers to train Romanian officials on public procurement

American teachers to train Romanian officials on public procurement | Public Procurement - Europe | Scoop.it
The U.S. Trade and Development Agency (USTDA) will train over 50 Romanian officials on obtaining best value and incorporating life cycle cost analysis in public procurement procedures. The Romanian officials will attend a three-day workshop taught by teachers from the George Washington University, according to a USTDA statement.

The training will be organized under a Memorandum of Understanding signed by the American Trade and Development Agency and the Romanian Government on June 17.

“An efficient public procurement system is vital to achieving sustained economic growth and development, while supporting businesses. Ultimately, it comes down to implementation. You can have the best policy in place, but it doesn’t mean much if the capability to implement is not there,” said U.S. Charge d’Affaires Dean Thompson, at the signing event.

“Public procurement is an essential part of establishing the rule of law for both the economy and its institutions, ensuring Romania’s sustained growth and fighting corruption,” he added.

“The experience and expertise brought by USTDA and George Washington University are important for improving the skills of Romanian specialists in better implementing the best value approach in public procurement.  We look forward to continuing our joint efforts,” said Radu Puchiu, Secretary of State of the Romanian Government’s Chancellery.

The workshop will support the Romanian Government’s goal of building the capacity of procurement staff and demonstrating positive results in public procurement, reads the statement.
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NHS could save £5bn per year with new procurement approach, says repor

England’s National Health Service could save £5bn per year by reducing procurement discrepancies and increasing spending visibility, a review will say.

The year-long review across 22 hospitals found that lack of standardization across their procurement approach has contributed to varying levels of efficiency throughout the NHS.

Lord Carter, who conducted the review, found a wide variation in spending on items, from aprons to latex gloves. The report, which will be published later, will say that some hospitals could save hundreds of thousands of pounds by reviewing their spending on basic items.

Latex gloves costing £5.44 a box in one hospital were bought for £2.39 in another. Aprons cost one hospital £2.51 each, but another paid £4.20.

Lord Carter found one hospital had managed to save £40,000 a year by using non-soluble versions of a tablet for liver failure that cost 2p instead of the soluble versions at £1.50.

Lord Carter also found that hip operations were costing some parts of the NHS more than double the amount they should.

That difference costs the NHS up to £17m extra every year.

Lord Carter said the gains could be "significant".

"We found some extremely good hospitals, some very efficient hospitals, but there are a number of hospitals that are not as good as they need to be."

He described the NHS as “one of the largest single-buyers in the world,” and said, “We failed to behave collectively enough.”

Nuffield Trust chief executive, Nigel Edwards, said: "Lord Carter is right that there is waste within the health service and that enormous savings could be made through standardisation.”

But Chris Hopson, chief executive of NHS Providers - which represents every variety of hospital trust - told BBC Radio 4's Today programme that the NHS had worked "incredibly hard" over the last five years to save £20bn.

He added: "There is no organisation in this country that could not do better in terms of improving efficiency. In large complex organisations it's always possible to do things better."
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