Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Public Procurement in the EU: Legislative Framework, Basic Principles and Institutions Abstract: SIGMA Brief 1 provides a description of the legal framework of the EU public procurement system: two “procedural” Directives for the public sector (2004/18/EC) and for the utilities sector (2004/17/EC), and two other “remedies” Directives (89/66/EEC, 92/13/EEC, both amended by Directive 2007/66/EC). Additionally, Directive 2009/81/EC applies to the procurement of military supplies, works and services. In order to understand the basics of public procurement in the European Union, it is necessary to look not only at the Directives themselves but also at the general principles contained in the Treaty on the Functioning of the European Union. The Treaty principles guide the interpretation of the Directives. It is also important to understand the role of the various European institutions (European Commission, Court of Justice). Keywords: EU directives, public procurement Creation-Date: 2011-01-28 Number: 1 Handle: RePEc:oec:govaag:1-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Public Procurement in the EU Abstract: This document replaces the brief that was originally published in January 2011. SIGMA Brief 1 provides a description of the legal framework of the EU public procurement system: two “procedural” Directives for the public sector (2004/18/EC) and for the utilities sector (2004/17/EC), and two other “remedies” Directives (89/66/EEC, 92/13/EEC, both amended by Directive 2007/66/EC). Additionally, Directive 2009/81/EC applies to the procurement of military supplies, works and services. In order to understand the basics of public procurement in the European Union, it is necessary to look not only at the Directives themselves but also at the general principles contained in the Treaty on the Functioning of the European Union. The Treaty principles guide the interpretation of the Directives. It is also important to understand the role of the various European institutions (European Commission, Court of Justice). Keywords: EU directives, public procurement Creation-Date: 2016-09-01 Number: 1 Handle: RePEc:oec:govaag:1-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Economic Issues in Public Procurement Abstract: Effective procurement strategies, which control costs and streamline processes, are vital to all contracting authorities. Pursuing the best value-for-money in public procurement, while keeping the process management costs down, requires several crucial decisions including deciding on: the optimal mixture of centralised and decentralised procurement; the best type of contract and format for tendering; and the use of e-auctions or the splitting of contracts into lots. A number of closely interlinked economic factors come in to play in these decisions. SIGMA Brief 2 aims to provide practical guidance regarding these decisions. Keywords: economic issues, EU directives, public procurement Creation-Date: 2011-01-28 Number: 2 Handle: RePEc:oec:govaag:2-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Economic Issues in Public Procurement Abstract: This document replaces the brief that was originally published in January 2011. Effective procurement strategies, which control costs and streamline processes, are vital to all contracting authorities. Pursuing the best value-for-money in public procurement, while keeping the process management costs down, requires several crucial decisions including deciding on: the optimal mixture of centralised and decentralised procurement; the best type of contract and format for tendering; and the use of e-auctions or the splitting of contracts into lots. A number of closely interlinked economic factors come in to play in these decisions. SIGMA Brief 2 aims to provide practical guidance regarding these decisions. Keywords: EU directives, public procurement Creation-Date: 2016-09-01 Number: 2 Handle: RePEc:oec:govaag:2-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: What is a Contracting Authority? Abstract: The public procurement Directives only apply if a body is a contracting authority (contracting entity in the Utilities sector) within the definition of the Directives. SIGMA Brief 3 gives guidance on the notion of a contracting authority/entity under the directives (especially the concept of “a body governed by public law”). It also analyses whether a contracting authority can participate in joint purchasing or central purchasing. Keywords: contracting authority, EU directives, public procurement Creation-Date: 2011-01-28 Number: 3 Handle: RePEc:oec:govaag:3-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Contracting Authorities Abstract: This document replaces the brief that was originally published in January 2011. The public procurement Directives only apply if a body is a contracting authority (contracting entity in the Utilities sector) within the definition of the Directives. SIGMA Brief 3 gives guidance on the notion of a contracting authority/entity under the directives (especially the concept of “a body governed by public law”). It also analyses whether a contracting authority can participate in joint purchasing or central purchasing. Keywords: contracting authorities, EU directives, public procurement Creation-Date: 2016-09-01 Number: 3 Handle: RePEc:oec:govaag:3-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Contracts covered by the Procurement Directives Abstract: This document replaces the brief that was originally published in January 2011. The EU Public Procurement Directives cover three main types of contract: works, supplies and services including design contests. Some contracts will often contain elements of one or more of the 3 types of contract. The Directives contain specific rules that are used to classify these mixed contracts. A number of contracts are entirely excluded from the scope of the Directives, either because of their nature or because they are the subject of different systems of regulation or administration. Even if not excluded, contracts will only be subject to the provisions of the Directives where their value exceeds the relevant EU financial threshold. SIGMA Brief 4 gives an overview of the different types of contract, on contract classification as well as exemptions from the scope of the Directives. Keywords: EU directives, procurement contract management, public procurement Creation-Date: 2016-09-01 Number: 4 Handle: RePEc:oec:govaag:4-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Which Contracts are Covered by the Procurement Directives? Abstract: The EU Public Procurement Directives cover three main types of contract: works, supplies and services including design contests. Some contracts will often contain elements of one or more of the 3 types of contract. The Directives contain specific rules that are used to classify these mixed contracts. A number of contracts are entirely excluded from the scope of the Directives, either because of their nature or because they are the subject of different systems of regulation or administration. Even if not excluded, contracts will only be subject to the provisions of the Directives where their value exceeds the relevant EU financial threshold. SIGMA Brief 4 gives an overview of the different types of contract, on contract classification as well as exemptions from the scope of the Directives. Keywords: contracts, EU directives, public procurement Creation-Date: 2011-01-28 Number: 4 Handle: RePEc:oec:govaag:4-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Understanding the EU Financial Thresholds Abstract: The EU Public Procurement Directives only apply to contracts of a value that meet or exceed the relevant EU financial threshold. Different thresholds apply to different types of contracting authorities/entities and also to different types of contracts. In order to prevent abusive methods of calculating the value of the contracts, the Directives also provide for rules and methods of calculating the estimated value, as well as prohibition of methods designed to circumvent the Directives. SIGMA Brief 5 aims to increase understanding of what principles apply to the calculation of financial thresholds and of the value of individual contracts. Keywords: EU directives, financial thresholds, public procurement Creation-Date: 2011-01-28 Number: 5 Handle: RePEc:oec:govaag:5-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Understanding the EU Financial Thresholds Abstract: This document replaces the brief that was originally published in January 2011. The EU Public Procurement Directives only apply to contracts of a value that meet or exceed the relevant EU financial threshold. Different thresholds apply to different types of contracting authorities/entities and also to different types of contracts. In order to prevent abusive methods of calculating the value of the contracts, the Directives also provide for rules and methods of calculating the estimated value, as well as prohibition of methods designed to circumvent the Directives. SIGMA Brief 5 aims to increase understanding of what principles apply to the calculation of financial thresholds and of the value of individual contracts. Keywords: EU directives, procurement contract thresholds, public procurement Creation-Date: 2016-09-01 Number: 5 Handle: RePEc:oec:govaag:5-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Advertising Abstract: Advertising of procurement opportunities and contract award results is a foundation stone of public procurement. Full and open advertising facilitates appropriate competition, develops markets and helps in the battle against corruption. SIGMA Brief 6 provides the reader with guidance on where and when notices for contracts subject to the European Union public procurement Directives must be advertised. It also provides information on other methods of keeping the market informed. It gives guidance on the correction of contract notices which contain incorrect information, on how to complete and dispatch contract notices electronically, and special rules for Utilities. Keywords: advertising, EU directives, public procurement Creation-Date: 2011-01-28 Number: 6 Handle: RePEc:oec:govaag:6-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Advertising Abstract: This document replaces the brief that was originally published in January 2011. Advertising of procurement opportunities and contract award results is a foundation stone of public procurement. Full and open advertising facilitates appropriate competition, develops markets and helps in the battle against corruption. SIGMA Brief 6 provides the reader with guidance on where and when notices for contracts subject to the European Union public procurement Directives must be advertised. It also provides information on other methods of keeping the market informed. It gives guidance on the correction of contract notices which contain incorrect information, on how to complete and dispatch contract notices electronically, and special rules for Utilities. Keywords: EU directives, procurement advertising, public procurement Creation-Date: 2016-09-01 Number: 6 Handle: RePEc:oec:govaag:6-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Selecting Economic Operators Abstract: It is important for a contracting authority to ensure that it will enter into a contract with an economic operator that has the ability to perform and complete the contract. Selection of economic operators means the process of assessing and deciding which economic operators are qualified to participate in the tendering procedure. This process must be carried out by applying objective, non-discriminatory and transparent selection criteria, which are set by the contracting authority in advance and disclosed to economic operators. SIGMA Brief 7 gives an overview about the relevant rules of Public Procurement Directives which significantly limit a contracting authority’s discretion in this area. It also provides a checklist of the main points that should be addressed when defining the overall strategy for the selection of economic operators. Keywords: economic operators, EU directives, public procurement Creation-Date: 2011-01-28 Number: 7 Handle: RePEc:oec:govaag:7-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Selecting Economic Operators Abstract: This document replaces the brief that was originally published in January 2011. It is important for a contracting authority to ensure that it will enter into a contract with an economic operator that has the ability to perform and complete the contract. Selection of economic operators means the process of assessing and deciding which economic operators are qualified to participate in the tendering procedure. This process must be carried out by applying objective, non-discriminatory and transparent selection criteria, which are set by the contracting authority in advance and disclosed to economic operators. SIGMA Brief 7 gives an overview about the relevant rules of Public Procurement Directives which significantly limit a contracting authority’s discretion in this area. It also provides a checklist of the main points that should be addressed when defining the overall strategy for the selection of economic operators. Keywords: economic operators, EU directives, public procurement Creation-Date: 2016-09-01 Number: 7 Handle: RePEc:oec:govaag:7-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Setting the Award Criteria Abstract: The award criteria are the criteria that constitute the basis on which a contracting authority evaluates submitted tenders and then awards a contract to the best tender. Tenders should be evaluated on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment, with a view to ensuring objective comparison of tenders. The Public Procurement Directives limit the award criteria to either the lowest-price criterion or the most economically advantageous tender (MEAT) criterion. SIGMA Brief 8 explains the lowest-price criterion and which methods can be used to identify the most economically advantageous tender. It also provides a checklist of the main points to be addressed when defining the overall strategy concerning the award criteria to be applied in a contract award procedure. Keywords: award criteria, EU directives, public procurement Creation-Date: 2011-01-28 Number: 8 Handle: RePEc:oec:govaag:8-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Setting the Award Criteria Abstract: This document replaces the brief that was originally published in January 2011. The award criteria are the criteria that constitute the basis on which a contracting authority evaluates submitted tenders and then awards a contract to the best tender. Tenders should be evaluated on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment, with a view to ensuring objective comparison of tenders. The Public Procurement Directives limit the award criteria to either the lowest-price criterion or the most economically advantageous tender (MEAT) criterion. SIGMA Brief 8 explains the lowest-price criterion and which methods can be used to identify the most economically advantageous tender. It also provides a checklist of the main points to be addressed when defining the overall strategy concerning the award criteria to be applied in a contract award procedure. Keywords: EU directives, procurement award criteria, public procurement Creation-Date: 2016-09-01 Number: 8 Handle: RePEc:oec:govaag:8-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Tender Evaluation and Contract Award Abstract: This document replaces the brief that was originally published in January 2011. The evaluation of tenders is the stage in the procurement process during which a contracting authority identifies which one of the tenders meeting the requirements is the best one on the basis of the pre-announced award criteria. The qualified tenderer whose tender has been determined to be the best is awarded the contract. SIGMA Brief 9 presents the key principles governing the process of evaluation of tenders, the role and operation of an evaluation panel, the clarification process as well as the choice of the best tender on the basis of the lowest price and the choice of the best tender on the basis of the most economically advantageous tender (MEAT) criterion. The Brief also includes good practice notes and practical examples. Keywords: contract award, EU directives, public procurement, tender evaluation Creation-Date: 2016-09-01 Number: 9 Handle: RePEc:oec:govaag:9-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Tender Evaluation and Contract Award Abstract: The evaluation of tenders is the stage in the procurement process during which a contracting authority identifies which one of the tenders meeting the requirements is the best one on the basis of the pre-announced award criteria. The qualified tenderer whose tender has been determined to be the best is awarded the contract. SIGMA Brief 9 presents the key principles governing the process of evaluation of tenders, the role and operation of an evaluation panel, the clarification process as well as the choice of the best tender on the basis of the lowest price and the choice of the best tender on the basis of the most economically advantageous tender (MEAT) criterion. The Brief also includes good practice notes and practical examples. Keywords: contract award, EU directives, public procurement, tender evaluation Creation-Date: 2011-01-28 Number: 9 Handle: RePEc:oec:govaag:9-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: What are the Public Procurement Procedures and When Can They Be Used? Abstract: The basic presumption in public procurement is that contracts of a specified type and value will be awarded using an advertised, competitive procedure that is open, fair and transparent, ensuring equality of opportunity and treatment for all candidates and tenderers. There are only limited circumstances where a procedure without advertised competition is permitted. SIGMA Brief 10 gives an overview of the main competitive procedures available for contracting authorities under EU law. The Brief gives guidance on choosing which procedure to use, presenting good practises and examples as well. Finally, it gives a summary on the derogations from the obligation to publish a contract notice and use a competitive process. Keywords: EU directives, procedures, public procurement Creation-Date: 2011-01-28 Number: 10 Handle: RePEc:oec:govaag:10-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: What are the Public Procurement Procedures and When Can They be Used? Abstract: This document replaces the brief that was originally published in January 2011. The basic presumption in public procurement is that contracts of a specified type and value will be awarded using an advertised, competitive procedure that is open, fair and transparent, ensuring equality of opportunity and treatment for all candidates and tenderers. There are only limited circumstances where a procedure without advertised competition is permitted. SIGMA Brief 10 gives an overview of the main competitive procedures available for contracting authorities under EU law. The Brief gives guidance on choosing which procedure to use, presenting good practices and examples as well. Finally, it gives a summary on the derogations from the obligation to publish a contract notice and use a competitive process. Keywords: EU directives, public procurement Creation-Date: 2016-09-01 Number: 10 Handle: RePEc:oec:govaag:10-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Procurement Tools Abstract: SIGMA Brief 11 focuses on three specific modern types of procurement tools: framework agreements, electronic auctions and dynamic purchasing systems. EU Member States have the option of deciding whether or not to implement provisions permitting these procurement tools. The framework agreement instrument is widely used and considered as an efficient procurement technique throughout Europe. An electronic auction is a method of inviting revised final tenders following the conduct of a full tender process. It involves an online electronic system that is used by economic operators to submit new prices and/or other revisions to elements of their tenders for a particular contract in real time and in direct competition with other economic operators. A dynamic purchasing system is a completely electronic system which can be used for repeat standardised purchases. Keywords: EU directives, procurement tools, public procurement Creation-Date: 2011-01-28 Number: 11 Handle: RePEc:oec:govaag:11-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Procurement Tools Abstract: This document replaces the brief that was originally published in January 2011. SIGMA Brief 11 focuses on three specific modern types of procurement tools: framework agreements, electronic auctions and dynamic purchasing systems. EU Member States have the option of deciding whether or not to implement provisions permitting these procurement tools. The framework agreement instrument is widely used and considered as an efficient procurement technique throughout Europe. An electronic auction is a method of inviting revised final tenders following the conduct of a full tender process. It involves an online electronic system that is used by economic operators to submit new prices and/or other revisions to elements of their tenders for a particular contract in real time and in direct competition with other economic operators. A dynamic purchasing system is a completely electronic system which can be used for repeat standardised purchases. Keywords: EU directives, procurement tools, public procurement Creation-Date: 2016-09-01 Number: 11 Handle: RePEc:oec:govaag:11-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Remedies Abstract: Remedies are legal actions which allow economic operators to request the enforcement of public procurement regulations and their rights under those regulations in cases where contracting authorities, either intentionally or unintentionally, fail to comply with the legal framework for public procurement. SIGMA Brief 12 gives an overview of different issues of remedies, such as right to claim remedies, bodies examining complaints and legal cases relating to procurement, available types of remedies, the so-called standstill period, ineffectiveness of concluded contracts, general principles to be observed by review bodies and contracting authorities. Keywords: EU directives, public procurement, remedies Creation-Date: 2011-01-28 Number: 12 Handle: RePEc:oec:govaag:12-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Remedies Abstract: This document replaces the brief that was originally published in January 2011. Public authorities are major consumers in Europe: they spend approximately 2 trillion euros annually. By using their purchasing power to choose goods and services with lower impacts on the environment, they can make an important contribution to sustainable consumption and production. Environmentally friendly (green) purchasing is also about influencing the market. Green Public Procurement is a voluntary instrument, which means that individual Member States and public authorities can determine the extent to which they implement it. SIGMA Brief 13 offers guidance for Contracting Authorities on what can be considered as environmental considerations (e.g. increasing the energy efficiency of buildings, encouraging the development of alternative energy sources) and how these considerations can be incorporated into the procurement process in line with EU law. Keywords: EU directives, procurement remedies, public procurement Creation-Date: 2016-09-01 Number: 12 Handle: RePEc:oec:govaag:12-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Incorporating Environmental Considerations into Procurement Abstract: Public authorities are major consumers in Europe: they spend approximately 2 trillion euros annually. By using their purchasing power to choose goods and services with lower impacts on the environment, they can make an important contribution to sustainable consumption and production. Environmentally friendly (green) purchasing is also about influencing the market. Green Public Procurement is a voluntary instrument, which means that individual Member States and public authorities can determine the extent to which they implement it. SIGMA Brief 13 offers guidance for Contracting Authorities on what can be considered as environmental considerations (e.g. increasing the energy efficiency of buildings, encouraging the development of alternative energy sources) and how these considerations can be incorporated into the procurement process in line with EU law. Keywords: environmental considerations, EU directives, public procurement Creation-Date: 2011-01-28 Number: 13 Handle: RePEc:oec:govaag:13-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Incorporating Environmental Considerations into Public Procurement Abstract: This document replaces the brief that was originally published in January 2011. The EU Public Procurement Directives only apply to contracts of a value that meet or exceed the relevant EU financial threshold. Below threshold contracts are not covered by the procurement Directives. However, below threshold contracts comprise the vast majority of contracts awarded by contracting authorities and are therefore of great importance in all EU member states. This means that the majority of contracts are awarded using national rules and procedures. SIGMA Brief 15 provides a brief overview of the approaches member states have adopted below the thresholds. The Brief concludes with further information on the way in which the rules and principles of the Treaty on the Functioning of the European Union, basic standards, and some provisions of the Directives may impact on the procurement of below threshold contracts. Keywords: environment and procurement, EU directives, public procurement Creation-Date: 2016-09-01 Number: 13 Handle: RePEc:oec:govaag:13-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Incorporating Social Considerations into Procurement Abstract: Public procurement is becoming a policy strategy instrument: public procurement procedures can also help public purchasers to implement policies governing social integration. SIGMA Brief 14 offers guidance for Contracting Authorities on what can be considered as social considerations (e.g. reducing unemployment, preventing the use of child labour) and how these considerations can be incorporated into the procurement process in line with EU law. Keywords: EU directives, public procurement, social considerations Creation-Date: 2011-01-28 Number: 14 Handle: RePEc:oec:govaag:14-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Incorporating Social Considerations into Public Procurement Abstract: This document replaces the brief that was originally published in January 2011. Public procurement is becoming a policy strategy instrument: public procurement procedures can also help public purchasers to implement policies governing social integration. SIGMA Brief 14 offers guidance for Contracting Authorities on what can be considered as social considerations (e.g. reducing unemployment, preventing the use of child labour) and how these considerations can be incorporated into the procurement process in line with EU law. Keywords: EU directives, procurement and social, public procurement Creation-Date: 2016-09-01 Number: 14 Handle: RePEc:oec:govaag:14-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Below Threshold Contracts Abstract: The EU Public Procurement Directives only apply to contracts of a value that meet or exceed the relevant EU financial threshold. Below threshold contracts are not covered by the procurement Directives. However, below threshold contracts comprise the vast majority of contracts awarded by contracting authorities and are therefore of great importance in all EU member states. This means that the majority of contracts are awarded using national rules and procedures. SIGMA Brief 15 provides a brief overview of the approaches member states have adopted below the thresholds. The Brief concludes with further information on the way in which the rules and principles of the Treaty on the Functioning of the European Union, basic standards, and some provisions of the Directives may impact on the procurement of below threshold contracts. Keywords: EU directives, public procurement, threshold contracts Creation-Date: 2011-09-25 Number: 15 Handle: RePEc:oec:govaag:15-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Below-Threshold Contracts Abstract: This document replaces the brief that was originally published in January 2011. The EU Public Procurement Directives only apply to contracts of a value that meet or exceed the relevant EU financial threshold. Below threshold contracts are not covered by the procurement Directives. However, below threshold contracts comprise the vast majority of contracts awarded by contracting authorities and are therefore of great importance in all EU member states. This means that the majority of contracts are awarded using national rules and procedures. SIGMA Brief 15 provides a brief overview of the approaches member states have adopted below the thresholds. The Brief concludes with further information on the way in which the rules and principles of the Treaty on the Functioning of the European Union, basic standards, and some provisions of the Directives may impact on the procurement of below threshold contracts. Keywords: EU directives, procurement thresholds, public procurement Creation-Date: 2016-09-01 Number: 15 Handle: RePEc:oec:govaag:15-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Procurement by Utilities Abstract: The term “utilities” is commonly used to describe the organisations which deliver services – such as the provision of water, electricity, gas or transport – to a community as a whole, typically through fixed networks. In some EU member states activities in the utilities sector are entrusted to government organisations which are public entities, while in other states bodies in the utilities sector are wholly private undertakings, and even both private and public entities operate in the same utilities markets. The Utilities sectors are covered by separate and more flexible procurement rules in the European Union (Directive 2004/17/EC). SIGMA Brief 16 summarises these specific rules. Keywords: EU directives, public procurement, utilities Creation-Date: 2011-09-25 Number: 16 Handle: RePEc:oec:govaag:16-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Procurement by Utilities Abstract: This document replaces the brief that was originally published in January 2011. The term “utilities” is commonly used to describe the organisations which deliver services – such as the provision of water, electricity, gas or transport – to a community as a whole, typically through fixed networks. In some EU member states activities in the utilities sector are entrusted to government organisations which are public entities, while in other states bodies in the utilities sector are wholly private undertakings, and even both private and public entities operate in the same utilities markets. The Utilities sectors are covered by separate and more flexible procurement rules in the European Union (Directive 2004/17/EC). SIGMA Brief 16 summarises these specific rules. Keywords: EU directives, public procurement, utilities procurement Creation-Date: 2016-09-01 Number: 16 Handle: RePEc:oec:govaag:16-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: E-Procurement Abstract: This document replaces the brief that was originally published in January 2011. Electronic means of communication can greatly simplify the publication of public contracts and increase the efficiency and transparency of procurement processes. SIGMA Brief 17 explains what is meant by e-procurement and aims to explain the rationale behind using e-procurement, presenting country examples and resulting improvements. The Brief also provides an overview of the relevant rules of the EU Directives and different e-procurement tools such as e-auctions, e-catalogues or dynamic purchasing systems. Keywords: e-procurement, EU directives, public procurement Creation-Date: 2016-09-01 Number: 17 Handle: RePEc:oec:govaag:17-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: E-Procurement Abstract: Electronic means of communication can greatly simplify the publication of public contracts and increase the efficiency and transparency of procurement processes. SIGMA Brief 17 explains what is meant by e-procurement and aims to explain the rationale behind using e-procurement, presenting country examples and resulting improvements. The Brief also provides an overview of the relevant rules of the EU Directives and different e-procurement tools such as e-auctions, e-catalogues or dynamic purchasing systems. Keywords: e-procurement, EU directives, public procurement Creation-Date: 2011-09-25 Number: 17 Handle: RePEc:oec:govaag:17-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Concessions and PPPs Abstract: Concessions are contracts where the consideration for the works or services to be carried out consists either solely in the right to exploit the work or service, or in this right together with payment. The acronym PPP refers to Public-Private Partnership. PPPs tend to be complex and long term contracts. The award of works concessions is subject to the rules of the public procurement Directive, while the award of services concessions with a cross-border interest is subject to the principles of the Treaty on the Functioning of the European Union. However, the concept of works and services concessions is a concept of EU law and must be interpreted in line with it. SIGMA Brief 18 offers guidance on current EU rules on concessions and PPPs. Keywords: concessions, EU directives, public procurement, public-private partnerships Creation-Date: 2015-09-25 Number: 18 Handle: RePEc:oec:govaag:18-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Concessions and PPPs Abstract: This document replaces the brief that was originally published in September 2015.Concessions are contracts where the consideration for the works or services to be carried out consists either solely in the right to exploit the work or service, or in this right together with payment. The acronym PPP refers to Public-Private Partnership. PPPs tend to be complex and long term contracts. The award of works concessions is subject to the rules of the public procurement Directive, while the award of services concessions with a cross-border interest is subject to the principles of the Treaty on the Functioning of the European Union. However, the concept of works and services concessions is a concept of EU law and must be interpreted in line with it. SIGMA Brief 18 offers guidance on current EU rules on concessions and PPPs. Keywords: concessions, EU directives, public procurement, public-private partnerships Creation-Date: 2016-09-01 Number: 18 Handle: RePEc:oec:govaag:18-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Framework Agreements Abstract: The framework agreements instrument has been widely used and is considered as an efficient procurement technique throughout Europe. A framework agreement means an agreement between one or more contracting authorities and one or more economic operators with the purpose of establishing the terms governing contracts to be awarded during a given period. The rationale behind this method of purchasing is to achieve savings in both costs of procurement and time spent in the procurement process. SIGMA Brief 19 aims to give guidance on several issues of framework agreements such as whether framework agreements are suitable for all purchasing, when and how a framework agreement must be advertised, what procedure is used for procuring a framework agreement, or what the duration of a framework agreement is. Keywords: EU directives, framework agreements, public procurement Creation-Date: 2011-09-25 Number: 19 Handle: RePEc:oec:govaag:19-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Framework Agreements Abstract: This document replaces the brief that was originally published in January 2011. The framework agreements instrument has been widely used and is considered as an efficient procurement technique throughout Europe. A framework agreement means an agreement between one or more contracting authorities and one or more economic operators with the purpose of establishing the terms governing contracts to be awarded during a given period. The rationale behind this method of purchasing is to achieve savings in both costs of procurement and time spent in the procurement process. SIGMA Brief 19 aims to give guidance on several issues of framework agreements such as whether framework agreements are suitable for all purchasing, when and how a framework agreement must be advertised, what procedure is used for procuring a framework agreement, or what the duration of a framework agreement is. Keywords: EU directives, framework agreements, public procurement Creation-Date: 2016-09-01 Number: 19 Handle: RePEc:oec:govaag:19-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Central Purchasing Bodies Abstract: In some EU member states Central Purchasing Bodies are responsible for awarding public contracts and framework agreements for other contracting authorities. SIGMA Brief 20 provides an overview of the establishment and operation of a Central Purchasing Body as defined by the European Union Directives. The Brief focuses on Central Purchasing Bodies that base their operations on the awarding and use of centralised framework agreements. The brief explains the rationale for establishing a Central Purchasing Body and gives a short summary on the typical product and service areas covered by a Central Purchasing Body. The brief also discusses the key operational issues for these bodies. Finally the brief presents important “lessons learnt” as well as risk and success factors. Keywords: central purchasing bodies, EU directives, public procurement Creation-Date: 2011-09-25 Number: 20 Handle: RePEc:oec:govaag:20-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Central Purchasing Bodies Abstract: This document replaces the brief that was originally published in January 2011. In some EU member states Central Purchasing Bodies are responsible for awarding public contracts and framework agreements for other contracting authorities. SIGMA Brief 20 provides an overview of the establishment and operation of a Central Purchasing Body as defined by the European Union Directives. The Brief focuses on Central Purchasing Bodies that base their operations on the awarding and use of centralised framework agreements. The brief explains the rationale for establishing a Central Purchasing Body and gives a short summary on the typical product and service areas covered by a Central Purchasing Body. The brief also discusses the key operational issues for these bodies. Finally the brief presents important “lessons learnt” as well as risk and success factors. Keywords: central purchasing bodies, EU directives, public procurement Creation-Date: 2016-09-01 Number: 20 Handle: RePEc:oec:govaag:20-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Performance Measurement Abstract: Public procurement contracts represent a major share of any country’s GDP and public expenditure budget. This fact alone provides sound reasons for analysing the performance of public procurement operations at all levels. Performance measurement is about seeking to answer the fundamental question of whether the procurement system and operations ultimately deliver in accordance with the main objectives set. SIGMA Brief 21 explains the rationale for measuring performance in public procurement, the benefits of effective performance management and also gives guidance on how to measure performance. Finally, it sets out some examples of methodologies which could be used to determine performance at different levels of the public procurement system. Keywords: EU directives, performance measurement, public procurement Creation-Date: 2011-09-25 Number: 21 Handle: RePEc:oec:govaag:21-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Performance Measurement Abstract: This document replaces the brief that was originally published in January 2011. Public procurement contracts represent a major share of any country’s GDP and public expenditure budget. This fact alone provides sound reasons for analysing the performance of public procurement operations at all levels. Performance measurement is about seeking to answer the fundamental question of whether the procurement system and operations ultimately deliver in accordance with the main objectives set. SIGMA Brief 21 explains the rationale for measuring performance in public procurement, the benefits of effective performance management and also gives guidance on how to measure performance. Finally, it sets out some examples of methodologies which could be used to determine performance at different levels of the public procurement system. Keywords: EU directives, procurement performance measurement, public procurement Creation-Date: 2016-09-01 Number: 21 Handle: RePEc:oec:govaag:21-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Contract Management Abstract: When a contracting authority enters into a contract with an economic operator, the arrangement cannot just be left to run. It must be managed to enable both the contracting authority and the economic operator to meet their contractual obligations. Contracts are frequently complex, may involve multiple actors, may last a long time and may consume many resources. It is therefore vital that they are properly managed. SIGMA Brief 22 first describes the process of contract management and then presents contract management in practice and post-contract performance review. Keywords: contract management, EU directives, public procurement Creation-Date: 2011-09-25 Number: 22 Handle: RePEc:oec:govaag:22-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Contract Management Abstract: This document replaces the brief that was originally published in January 2011. When a contracting authority enters into a contract with an economic operator, the arrangement cannot just be left to run. It must be managed to enable both the contracting authority and the economic operator to meet their contractual obligations. Contracts are frequently complex, may involve multiple actors, may last a long time and may consume many resources. It is therefore vital that they are properly managed. SIGMA Brief 22 first describes the process of contract management and then presents contract management in practice and post-contract performance review. Keywords: EU directives, procurement contract management, public procurement Creation-Date: 2016-09-01 Number: 22 Handle: RePEc:oec:govaag:22-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Defence Procurement Abstract: This document replaces the brief that was originally published in January 2011. Defence procurement is the process through which authorities in the field of defence and security acquire various goods, services or works they need in order to perform their duties and missions. Defence procurement constitutes a noticeable segment of public procurement in the European Union. SIGMA Brief 23 gives a short overview of the particular characteristics of defence procurement and how defence procurement is organised in the European Union. It also gives an overview of the regulatory framework of the European Union with special attention to the Defence and Security Directive (2009/81/EC). The Brief also covers some other linking issues such as offsets and parallel regimes (defence procurement between the European Union and third countries). Keywords: defence procurement, EU directives, public procurement Creation-Date: 2016-09-01 Number: 23 Handle: RePEc:oec:govaag:23-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Defence Procurement Abstract: Defence procurement is the process through which authorities in the field of defence and security acquire various goods, services or works they need in order to perform their duties and missions. Defence procurement constitutes a noticeable segment of public procurement in the European Union. SIGMA Brief 23 gives a short overview of the particular characteristics of defence procurement and how defence procurement is organised in the European Union. It also gives an overview of the regulatory framework of the European Union with special attention to the Defence and Security Directive (2009/81/EC). The Brief also covers some other linking issues such as offsets and parallel regimes (defence procurement between the European Union and third countries). Keywords: defence procurement, EU directives, public procurement Creation-Date: 2011-09-25 Number: 23 Handle: RePEc:oec:govaag:23-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Use of Official Automatic Exclusion Lists in Public Procurement Abstract: The decision to exclude an economic operator from participation in a public procurement procedure is a serious one. The impact on the economic operator is potentially significant. The inappropriate exclusion of an economic operator can also adversely affect competition and have an impact on value-for-money outcomes for the contracting authority. SIGMA Brief 24 focuses on the issue of whether it is permitted under EU law to use an official automatic exclusion list for reasons related to prior contract performance, especially in the light of the newest judgements of the Court of Justice of the European Union (case C 465/11). In the context of the Brief, the term “official automatic exclusion list” means a centrally administered and published list of economic operators that are excluded from tendering for public procurement contracts. Keywords: EU directives, public procurement Creation-Date: 2013-07-31 Number: 24 Handle: RePEc:oec:govaag:24-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Use of Official Automatic Exclusion Lists in Public Procurement Abstract: This document replaces the brief that was originally published in July 2013. The decision to exclude an economic operator from participation in a public procurement procedure is a serious one. The impact on the economic operator is potentially significant. The inappropriate exclusion of an economic operator can also adversely affect competition and have an impact on value-for-money outcomes for the contracting authority. SIGMA Brief 24 focuses on the issue of whether it is permitted under EU law to use an official automatic exclusion list for reasons related to prior contract performance, especially in the light of the newest judgements of the Court of Justice of the European Union (case C 465/11). In the context of the Brief, the term “official automatic exclusion list” means a centrally administered and published list of economic operators that are excluded from tendering for public procurement contracts. Keywords: EU directives, procurement exclusion lists, public procurement Creation-Date: 2016-09-01 Number: 24 Handle: RePEc:oec:govaag:24-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Establishing Procurement Review Bodies Abstract: This document replaces the brief that was originally published in July 2013. A well-functioning procurement review and remedies system is in the interest of all stakeholders – economic operators, contracting authorities, contracting entities as well as the general public. SIGMA Brief 25 provides a description of the main institutional models implemented in member states of the European Union and highlights the key requirements provided in the European Union Directives and relevant case law of the Court of Justice of the European Union. The Brief also addresses aspects of good practice, such as the practical ways of ensuring the independence of review bodies and the ways of dealing with other important issues involved in the establishment of a review body. Keywords: EU directives, procurement review bodies, public procurement Creation-Date: 2016-09-01 Number: 25 Handle: RePEc:oec:govaag:25-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Establishing Procurement Review Bodies Abstract: A well-functioning procurement review and remedies system is in the interest of all stakeholders – economic operators, contracting authorities, contracting entities as well as the general public. SIGMA Brief 25 provides a description of the main institutional models implemented in member states of the European Union and highlights the key requirements provided in the European Union Directives and relevant case law of the Court of Justice of the European Union. The Brief also addresses aspects of good practice, such as the practical ways of ensuring the independence of review bodies and the ways of dealing with other important issues involved in the establishment of a review body. Keywords: EU directives, public procurement Creation-Date: 2013-07-31 Number: 25 Handle: RePEc:oec:govaag:25-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Organising Central Public Procurement Functions Abstract: The establishment of central public procurement policy making and implementing bodies constitutes a major contribution to the successful development and favourable overall position of the public procurement system in a country. To make the public procurement system work at all levels, a set of functions needs to be performed at the central or regional level. SIGMA Brief 26 analyses these key central public procurement functions and the existing structural models in the European Union Member States. The Brief also gives an overview of the potential assets and shortcomings of functions carried out by central public procurement structures. Keywords: EU directives, public procurement Creation-Date: 2013-07-31 Number: 26 Handle: RePEc:oec:govaag:26-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Organising Central Public Procurement Functions Abstract: This document replaces the brief that was originally published in July 2013. The establishment of central public procurement policy making and implementing bodies constitutes a major contribution to the successful development and favourable overall position of the public procurement system in a country. To make the public procurement system work at all levels, a set of functions needs to be performed at the central or regional level. SIGMA Brief 26 analyses these key central public procurement functions and the existing structural models in the European Union Member States. The Brief also gives an overview of the potential assets and shortcomings of functions carried out by central public procurement structures. Keywords: central procurement, EU directives, public procurement Creation-Date: 2016-09-01 Number: 26 Handle: RePEc:oec:govaag:26-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Monitoring of Public Procurement Abstract: This document replaces the brief that was originally published in July 2013. Public procurement contracts represent a major share of any country’s GDP and public expenditure budget. For this reason, monitoring the compliance and performance of public procurement systems is of the utmost importance. For the purposes of SIGMA Brief 27, monitoring of public procurement comprises each and any systematic observation of the public procurement system conducted in a coherent way in order to assess how the system functions and develops over time, and to establish whether the desired state defined by policy makers has been achieved. The Brief gives an overview of EU requirements concerning monitoring, the purpose and role of monitoring as well as types of monitoring. Finally, the Brief gives examples of monitoring in European Union member states. Keywords: EU directives, procurement monitoring, public procurement Creation-Date: 2016-09-01 Number: 27 Handle: RePEc:oec:govaag:27-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Monitoring of Public Procurement Abstract: Public procurement contracts represent a major share of any country’s GDP and public expenditure budget. For this reason monitoring the compliance and performance of public procurement systems is of the utmost importance. For the purposes of SIGMA Brief 27, monitoring of public procurement comprises each and any systematic observation of the public procurement system conducted in a coherent way in order to assess how the system functions and develops over time, and to establish whether the desired state defined by policy makers has been achieved. The Brief gives an overview of EU requirements concerning monitoring, the purpose and role of monitoring as well as types of monitoring. Finally, the Brief gives examples of monitoring in European Union member states. Keywords: EU directives, public procurement Creation-Date: 2013-07-31 Number: 27 Handle: RePEc:oec:govaag:27-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Audit of Procurement Abstract: SIGMA Brief 28 aims to give guidance to auditors dealing with public procurement processes. Based on audit experience, it examines the stages that are worth looking at and explains why. It highlights those aspects that are recommended to be considered in more detail. It also gives advice as to which documents the auditor is suggested to scrutinise in order to find evidence. Brief case studies, where available, and checklist questions for the auditor illustrate the main aspects. The Brief mainly concentrates on individual procurement procedures but concessions and public-private partnerships are also touched on at the end of the Brief. Keywords: EU directives, public procurement Creation-Date: 2013-07-31 Number: 28 Handle: RePEc:oec:govaag:28-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Audit of Public Procurement Abstract: This document replaces the brief that was originally published in July 2013. SIGMA Brief 28 aims to give guidance to auditors dealing with public procurement processes. Based on audit experience, it examines the stages that are worth looking at and explains why. It highlights those aspects that are recommended to be considered in more detail. It also gives advice as to which documents the auditor is suggested to scrutinise in order to find evidence. Brief case studies, where available, and checklist questions for the auditor illustrate the main aspects. The Brief mainly concentrates on individual procurement procedures but concessions and public-private partnerships are also touched on at the end of the Brief. Keywords: EU directives, procurement audit, public procurement Creation-Date: 2016-09-01 Number: 28 Handle: RePEc:oec:govaag:28-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Detecting and Correcting Common Errors in Public Procurement Abstract: This document replaces the brief that was originally published in July 2013. SIGMA Brief 29 gives a short overview of the issue of common errors in public procurement. For the purposes of the Brief, errors are understood as infringements of public procurement rules and principles, regardless of the stage of the procedure. The Brief analyses the types of errors and their impact on the results of the public procurement procedure. It also gives a list and a short presentation (case studies) about the most common errors in public procurement. Finally, the Brief gives guidance on the potential means of mechanisms and procedures (review procedures, audits, checks) for detection and correction of errors. Keywords: EU directives, procurement errors, public procurement Creation-Date: 2016-09-01 Number: 29 Handle: RePEc:oec:govaag:29-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Detecting and Correcting Common Errors in Public Procurement Abstract: SIGMA Brief 29 gives a short overview of the issue of common errors in public procurement. For the purposes of the Brief, errors are understood as infringements of public procurement rules and principles, regardless of the stage of the procedure. The Brief analyses the types of errors and their impact on the results of the public procurement procedure. It also gives a list and a short presentation (case studies) about the most common errors in public procurement. Finally, the Brief gives guidance on the potential means of mechanisms and procedures (review procedures, audits, checks) for detection and correction of errors. Keywords: EU directives, public procurement Creation-Date: 2013-07-31 Number: 29 Handle: RePEc:oec:govaag:29-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: 2014 EU Directives - Public Sector and Utilities Procurement Abstract: The Brief provides an overview of the new regulations, focusing on the following issues: general principles and scope, exclusions, procedures, centralised purchasing activities, technical specifications, transparency obligations, selection of candidates and contract award criteria, subcontracting and modification and termination of contracts. The Brief is just a short introduction – it is not intended to provide an exhaustive analysis of all of the provisions of the Directives. Keywords: EU directives, public procurement Creation-Date: 2014-07-31 Number: 30 Handle: RePEc:oec:govaag:30-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: 2014 EU Directives: Public Sector and Utilities Procurement Abstract: This document replaces the brief that was originally published in July 2014. This document replaces the brief that was originally published in July 2014. This Public Procurement Brief presents two new EU public procurement Directives (2014/24/EU and 2014/25/EU) on procurement by public and utilities sectors. The Directives are part of a recently adopted EU legislative package reforming the EU public procurement rules. The Brief provides an overview of the new regulations, focusing on the following issues: general principles and scope, exclusions, procedures, centralised purchasing activities, technical specifications, transparency obligations, selection of candidates and contract award criteria, subcontracting and modification and termination of contracts. The Brief is just a short introduction – it is not intended to provide an exhaustive analysis of all of the provisions of the Directives. Keywords: EU directives, public procurement, utilities procurement Creation-Date: 2016-09-01 Number: 30 Handle: RePEc:oec:govaag:30-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: 2014 EU Directives: Concessions Abstract: The Brief provides an overview of the new EU legal framework for awarding concessions: general principles, scope, definitions, exclusions, transparency obligations, selection of candidates and award criteria, performance and concessions, procedural guarantees and judicial protection. The Brief is just a short introduction – it is not intended to provide an exhaustive analysis of all of the provisions of the Directive. Keywords: EU directives, public procurement Creation-Date: 2014-07-31 Number: 31 Handle: RePEc:oec:govaag:31-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: 2014 EU Directives: Concessions Abstract: This document replaces the brief that was originally published in July 2014. This Public Procurement Brief presents the new EU public procurement Directive (2014/23/EU) on award of concession contracts. The Directive is part of a recently adopted EU legislative package reforming the EU public procurement rules. The Brief provides an overview of the new EU legal framework for awarding concessions: general principles, scope, definitions, exclusions, transparency obligations, selection of candidates and award criteria, performance and concessions, procedural guarantees and judicial protection. The Brief is just a short introduction – it is not intended to provide an exhaustive analysis of all of the provisions of the Directive. Keywords: concessions procurement, EU directives, public procurement Creation-Date: 2016-09-01 Number: 31 Handle: RePEc:oec:govaag:31-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Market Analysis: Preliminary Market Consultations and Prior Involvement of Candidate/Tenderers Abstract: This brief provides an overview of the market analysis process in public procurement undertaken by a contracting authority to collect information to assist the authority in defining its procurement requirements, by selecting the most appropriate tender method, analysing and evaluating bids, and determining the outcome of the most economically advantageous tender. Keywords: EU directives, market analysis, market consultation, public procurement Creation-Date: 2016-09-01 Number: 32 Handle: RePEc:oec:govaag:32-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Small and Medium-sized Enterprises (SMEs) in Public Procurement Abstract: This procurement brief describes measures at the EU level aimed at ensuring that contracting authorities take full advantage of the potential of Small and Medium-sized Enterprises in their procurement activities. Keywords: EU directives, public procurement, SMEs in procurement Creation-Date: 2016-09-01 Number: 33 Handle: RePEc:oec:govaag:33-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Life-cycle Costing Abstract: This procurement brief explains what the life-cycle costing methodology means and the advantages of using this approach. It highlights the key provisions in the Public Procurement EU Directive that set out the legal framework for taking life-cycle costs into account in the various stages of the procurement process. Keywords: EU directives, life-cycle costing, public procurement Creation-Date: 2016-09-01 Number: 34 Handle: RePEc:oec:govaag:34-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Abnormally Low Tenders Abstract: This Brief examines how the lowest price is not always the best value for money in the long term and how contracting authorities should avoid accepting a tender that appears extremely advantageous but is not viable. In addition to protecting the public interest against the risk of non-performance or poor performance of a contract, the related provisions of the EU Directive support genuine competition between economic operators and reducing unfair advantages. Keywords: EU directives, procurement tenders, public procurement Creation-Date: 2016-09-01 Number: 35 Handle: RePEc:oec:govaag:35-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Division of Contracts into Lots Abstract: One of the main choices in public procurement is to determine whether the works, supplies or services that are the subject matter of the procurement are to be acquired by using one contract or by using a number of separate contracts or lots, which may be awarded and performed by different economic operators. This Brief looks at what the EU Directive says about the division of contracts into lots. Keywords: contract lots, EU directives, public procurement Creation-Date: 2016-09-01 Number: 36 Handle: RePEc:oec:govaag:36-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Subcontracting Abstract: Subcontracting occurs when an economic operator that has been awarded a public contract entrusts another entity with the performance of part of the works or services that are the subject matter of that contract. This Brief examines the reasons for subcontracting, what the EU Directive says about subcontracting arrangements and subcontractors. Keywords: EU directives, procurement subcontracting, public procurement Creation-Date: 2016-09-01 Number: 37 Handle: RePEc:oec:govaag:37-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: Contract Modifications Abstract: It is not generally permitted for a contracting authority and an economic operator to agree to change an existing contract. The terms of the concluded contract should reflect the commitments made in the offer that was selected as the most economically advantageous. This Brief looks at the modifications to contracts that are permitted in relation to additional services, unforeseen circumstances or contractual partners as well as those that require a new procurment procedure. Keywords: EU directives, procurement contract modifications, public procurement Creation-Date: 2016-09-01 Number: 38 Handle: RePEc:oec:govaag:38-EN Template-type: ReDIF-Paper 1.0 Author-Name: OECD Title: In-house Procurement and Public/Public Co-operation Abstract: This public procurement brief explains to what extent and in which conditions a contracting authority is free to apply in-house exceptions without breaching the public procurement rules. Keywords: EU directives, public procurement Creation-Date: 2016-09-01 Number: 39 Handle: RePEc:oec:govaag:39-EN