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Cutting EU Red Tape for Public Procurement
- 1. Cutting Through EU Procurement Red Tape Nigel Kletz Birmingham City Council 30 June 2011
Editor's Notes
- Flexibility- standard off the shelf items can require same detailed process as complex bespoke services
- International competition is limited: especially in local government
- Remove the detailed procedures form the directive and allow procurers to design and enact their own processes providing they are consistent with non-discrimination and transparency. The characteristics of simplified regime would include:- Greater flexibility as to which procurement route is adopted by the contracting authority; A simplified OJEU Notice; Timescales to be determined by the contracting authority; The Alcatel notice would not apply; The remedies of a contract being prospectively terminated, a civil financial penalty, and the contract being shortened would not apply
- If both the contracting authority and the “contractor” are public bodies (however that term is defined) the contract should be exempt from the application of the Directives. This should be for any activities (whether or not they are commercial) and whether or not the public body that is undertaking the activity for the contracting authority is in direct competition with private economic operators Our top priorities are: Increasing the threshold at which the directives apply, especially for local authorities where international trade is rare. Creating the ability for authorities to negotiate with bidders on price \\ terms etc. during the tender process. Similarly increasing flexibility of the process. Enabling public procurement to be conducted much more quickly, especially for more straightforward goods and services.