Public Procurement 2011/0438 (COD)

At a glance

The EU acknowledges that 99% of the enterprises in the European construction sector are SMEs, therefore, there is a need for improving the access of SMEs to public procurement, avoid late payment and reduce administrative burdens.

The adopted text (15/01/2014) ensures better quality and value for money thanks to new award criteria which will put more emphasis on quality, environmental (green) considerations, social aspects and innovation. Public authorities will be able to launch a call for tender and leave room to the tenderer to come up with innovative solutions together with the authority.

On 9 December 2015, the European Commission DG GROW published the evaluation report on the impact and effectiveness of the EU Public Procurement Legislation Part 1& Part 2.

• The evaluation has found that differences in implementation and application of the Directives have led to different outcomes in different Member States. The time taken to complete procedures and the cost to public purchasers vary widely across Member States.

• Most Member States have adopted National Action Plans for Green or sustainable public procurement, often including targets for priority product groups as identified by the Commission. The focus has been on environmental procurement (for example by including the EU GPP criteria and by taking a life-cycle costing approach).

More info: Public Procurement 2011/0438 (COD)

BIBM’s view

To facilitate the direct and indirect access of precast concrete companies to public procurements by acting on several axes at the same time, these actions must be taken into consideration:
• increasing the coordination and the EU funding in public (or public/private partnership) investment in infrastructures and buildings,
• ensuring a good financing of contractors and sub-contractors,
• inclusion of “green” indicators that are favourable (or at least neutral) to the precast concrete solutions,
• avoiding unfair competition from suppliers of goods from outside the EEA (see Access of third countries to the public procurement market).