eProcurement Forum Uptake of pre-awarding phases ... - ePractice.eu

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eProcurement includes 7 well-known stages: e-sourcing, e-tendering (including enoticing, e-access and e-submission), e-awarding, e-contracting, e-ordering, e-invoicing and e-payment. However, the levels of transparency and accessibility are not benefits relevant for all these stages as they depend mostly on: A – how notices and documents of the procedure can be known by any business. B – how easy is the presentation of a tender by any business. C – how clear is the evaluation method of tenders adopted by the jury representing the awarding authority at the time of tenders preparation. Transparency depends mainly on C and the level of accessibility results from A and B. This means that the major EU political objectives of transparency and accessibility imply new policies for A, B and C and as these 3 stages define the so-called tendering process this means that e-tendering can play a strategic role to fulfill such objectives. The New Portuguese Framework for Public Procurement and E-Tendering A new legal framework for public procurement was approved in Portugal on 2008 to overcome previous shortcomings, to transpose the Directives 2004/17/CE and 2004/18/CE and to become part of a global strategy to make Portugal one of the most advanced European States on Information Society. Previous laws were too fragmented, requiring a heavy bureaucratic load to any tenderer and following too rigid rules for the execution of contracts. Therefore, the proposal for a new code was inspired by quite different objectives such as: • Full adoption of web based e-business. For instance, all notices and contract awards are sent to an electronic official journal (DRE) and publicized through a single portal (www.base.gov.pt) • Wide flexibility of procedures to award contracts including new options such as reverse auctions, dynamic acquisitions systems, framework agreements, etc. • Availability of the full specification of the multicriteria model to evaluate tenders to any tenderer before having to present its tender. • Reinforcement of review rights • For instance, introducing the still period of 11 days between awarding and contracting. The initial proposal was developed by an interdisciplinary team including the author and other experts on Public Law, Economics, Decision Sciences and Management from 2001 to 2003 and the approval of the Directives 2004/17/CE and 2004/18/CE as well as the Directive 2007/66/CE on review rights were an important stimulus to achieve a more innovative framework. Since 2009, this new legal framework (Decree 18/2008 and additional legal documents) is implemented and since 1 November 2009 all public competitive (open, restricted or negotiated) procedures to award a public contract have to be conducted through eProcurement. This means that, for the first time, e-tendering is compulsory to award any public works, supply or services contract increasing transparency and accessibility. The new market of electronic platforms Report on the “Uptake of pre-awarding phases in eProcurement” Workshop – Vienna, 22nd February 2010 Page 22 of 29
Obviously, this new legal framework is responsible for new challenges inducing deep processes of change on contracting authorities governed by public law, on suppliers and on key enablers such as the firms offering the services of electronic platform to implement e-public procurement. After a long discussion and an evaluation of the quality of the services already offered by firms on eProcurement, the Government decided to open a regulated market for electronic platforms rather than setting up its own platform. Actually, these services should follow strict regulations as such firms have to be certified by CEGER (Centro de Gestão da Rede Informática do Governo – Management Centre of the Government Information Network). Nowadays eight firms can offer these services including six funding members of APMEP covering more than 75% of the market. E-Tendering in Portugal: a survey on impacts Last year, OPET (Observatório de Prospectiva da Engenharia e da Tecnologia – Portuguese Observatory of Technology and Engineering - www.opet.pt) chaired by the author was invited by InCI (Instituto da Construção e do Imobiliário – Institute of Construction and Real Estate) to conduct a survey about this ambitious and fascinating process of change and major results were presented during the 3 rd National Conference on E-Public Procurement organized by OPET and APMEP – Associação Portuguesa dos Mercados Públicos (Portuguese Association of Public Markets, www.apmep.pt) on 25 November09 and gathering more than 900 participants. A sample of 700 bodies governed by public law was generated covering a diversified spectrum of institutions: local governments, public institutes, higher education institutes, regional directorates, secretariat and ministries, inspectorates, courts, etc… Another sample of 70 suppliers (public works, goods and services) was generated: More than 30% of questionnaires were answered and the strategic importance assigned to this process of change is clearly confirmed by the high professional level of the respondent: a significant percentage (41%) of them belonged to the higher – medium levels of management. About 1/3 of contracting authorities were already using eProcurement including etendering on 2009 even before the compulsory deadline of 1 November 2009. The results about the impact of eProcurement are quite clear and confirmed that transparency is increased and that the duration and cost of processes are reduced for both the Contracting Authorities and the suppliers. Final Remarks A. E-public procurement including E-tendering is now implemented in Portugal for any competitive open, restricted or negotiated procedure through the use of an electronic platform. B. The services of electronic platform are being fulfilled by dynamic and innovative firms certified by the national authority, CEGER. More than 75% of this market is covered by the founding members of APMEP). C. Even before being compulsory (1 Nov. 2009), about 1/3 of public procurement procedures were already conducted electronically on 2009. D. Usual shortcomings (use of qualified electronic signatures, time stamping, handling large files, etc.) are being successfully overcome and the common fears Report on the “Uptake of pre-awarding phases in eProcurement” Workshop – Vienna, 22nd February 2010 Page 23 of 29
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