E-public procurement

On 18 October 2018 obligatory e-procurement rules entered into force in many EU member states. The CMS Public Procurement Group has the pleasure of sharing key information regarding multiple jurisdictions.   

Public procurement is an important part of the EU economy, accounting for around 15% of GDP. Not only that, by requesting new standards of service and quality, processing, and billing, contracting authorities have the chance to influence leading companies’ decisions about strategic innovation.

That’s because once companies have implemented new systems and standards in order to comply with the demands of public tenders, they often then adopt them as the industry standard, retaining them for smaller procuring entities.

This also holds true for innovative procedural developments. The EU Procurement Directives of 2014 compelled member states to fully implement electronic means of communication and procurement. Member States were free to extend the deadline for implementation set for 18 October 2016 by two years. Most member states exercised that option.

This means that after 18 October 2018 contracting authorities that fall under national procurement laws must use electronic means to communicate with economic operators during all stages of the public procurement procedure and electronic tender platforms for all tender procedures above the EU thresholds.

Although the obligation to introduce e-public procurement applies to all member states, the directives only set the framework and the goals to be achieved. Therefore, the implementation and elaboration of detailed national legislation is up to member states. As a result, the outcome of the implementation varies from country to country.

E-procurement has also been implemented in several jurisdictions outside the EU. It is relevant for all companies worldwide because it allows much easier, quicker and cheaper access to tender procedures.

Our brochure provides a snapshot of how the implementation of e-procurement is taking shape in various countries and outlines the main characteristics of the national e-public procurement systems. The aim is to provide a helpful overview for economic operators interested in, or engaged with public procurement procedures both inside and outside the EU.

If you have any questions regarding e-procurement or if you need advice regarding any of these jurisdictions, please feel free to contact our local experts who authored the chapters or any of the CMS public procurement experts included on the CMS Public Procurement Contact Card.