Download the document (PDF file) - Public Procurement Network

More documents

Recommendations

Info

In order to counter situations like this, it will prove expedient for the enterprise to receive thorough guidance on the matter provided by the authority the enterprise has contacted, that is its contact point authority. Finally, there is a relatively simple explanation: that the competition conditions in the sector in question differ from the enterprise’s expectations. In a situation like this, the enterprise must take steps with a view to facing the actual competition conditions. An illustration of this is given i.a. by example 7 and 8 in Annex A. I.5. Information for the companies For companies to benefit from the above service, they must be aware of its existence. To provide information on the service is, therefore, a task in itself. Experience gained from the Pilot Project has clearly demonstrated that a targeted information effort vis-à-vis European enterprises is necessary, as this service is a matter of an altogether new aspect in the area of tendering for public contracts. The outcome of implementing information efforts and making enterprises interested in filing complaints will be that the above cross-border problem-solving co-operation may cast light on any hidden violations of the procurement rules and have them rectified. This will contribute to the creation of a genuinely open European public procurement market. Similarly, all the numerous European contracting authorities/entities must learn of the network cooperation on assistance to enterprises in specific procurement cases. It will, undoubtedly, have a preventive effect on the procurement-related behaviour of contracting authorities/entities. Within the Pilot Project a website is constructed: www.procurementsupport.com . Here, the enterprises and other interested parties can find the full information on how to bring a complaint in case of an alleged violation of the public procurement rules in cross-border tendering. A general EU problem solving facility, the SOLVIT network, is under construction by the Commission. From it, the project website will be accessible. An illustration of the importance of information is given i.a. by example 9 in Annex A. II. Cross-border problem-solving is based on informal, efficient co-operation between competent, national authorities II.1. No legal powers The fundamental idea of the method described is, that the problem-solving exclusively is performed in the way that the competent national procurement authority uses its influence vis-à-vis the contracting authority/entity about which a company has complained. One of the objectives of using persuasive power altogether informally to ensure equal and fair competition with regard to public 11
contracts is to prevent formal complaints from being lodged with national boards of complaint, or courts of law, or in the last resort with the EU Commission, as these cases are very cumbersome and costly. The competent authority has, normally, no legal powers with regard to the contracting authority/ entity in question. It is exclusively the weight the competent authority may lend to its assessment of a concrete case, which on many occasions will prove sufficient for the contracting authority to listen and adjust its procurement procedure with a view to complying with the procurement rules. This alternative form of problem-solving is much speedier and less expensive than cases brought before the courts or the Commission. Furthermore, there is the advantage that it opens up for pre-contract problem-solving to a large extent. In that way it contributes more effectively to the creation of a genuinely open European public procurement market than does conflict solving before the formal instances of complaint. Pre-contract problem solving is described in detail in section III.3. An illustration of this is given i.a. by example 10, 11 and 12 in Annex A. II.2. Problems are to be solved in a low-conflictual atmosphere Another advantage of this alternative method is that any problems arising in connection with a public procurement procedure may be solved in a rather quiet manner and, at least most often, without giving rise to the conflict-loaded atmosphere that usually characterises a case brought before the courts of law or a case of breach of the Treaty. The explanation is that the national procurement authority is, in general, relatively close to the contracting authority and, at least in some countries, has an almost colleague-like relationship with the contracting authority. Consequently, this problem-solving method contributes to maintaining good supplier/customer relations in the field of public procurement and, consequently, to reducing the problem of enterprises’ fear of being blacklisted, which may well prove relevant if the contracting authority finds out who filed the complaint. Several cases listed in Annex A illustrate the effectiveness of the method in this sense. Example 13 i.a. is pointed to. II.3. Guidelines for the network co-operation In cross-border cases at least two competent authorities are involved. The complaint is received by one authority (the competent authority in the country of the complainant), which will request the other authority (the competent authority in the country of the contracting authority/entity) to investigate the matter and see to it that any irregularities are rectified with a view to securing equal competition conditions. 12
Page 1 and 2: Experiences with Solution of Cross-
Page 3 and 4: Experiences with Solution of Cross-
Page 5 and 6: 3. Concluding remarks . . . . . . .
Page 7 and 8: are available on the project websit
Page 10 and 11: 2. Characteristics of the method fo
Page 14 and 15: During the Pilot Project work a num
Page 16 and 17: An illustration of this is given i.
Page 18: 3. Concluding remarks The public pr
Page 21 and 22: Example 8: Competition conditions c
Page 23 and 24: The Danish contact point authority
Page 25 and 26: Example 5: Long-term framework cont
Page 27 and 28: The actual contact point contacted
Page 29 and 30: The contact point approached held t
Page 31 and 32: Example 17: Solution of a procureme
Page 33 and 34: In the third case, it was not possi
Page 35 and 36: Although the Spanish procurement la
Page 37 and 38: quickly. In the reply, reference wa
Page 39 and 40: a) devote adequate resources, to th
Page 41 and 42: ) make their best efforts to pursue
Page 43 and 44: 4. Danish law on confidentiality an
Page 45 and 46: vision on confidentiality. Accordin
Page 47 and 48: guard public financial interests of

Download the document (PDF file) - Public Procurement Network

Create successful ePaper yourself

Delete template?

Save as template?