Final Document PPN Survey SME Affirmative Actions

SMALL BUSINESS ACT SURVEY: SME AFFIRMATIVE ACTIONS IN THE EUROPEAN MEMBER STATES INTRODUCTION FEW REMINDERS
SMEs are defined by Recommendation 2003/361/CE of 6th of May 2003 of the Commission, relating to the definition of micro, small and medium-sized enterprises. A SME is an undertaking: a) which employ fewer than 250 persons, and b) which have and annual turnover not exceeding 50 million Euros, and/or, c) with an annual balance sheet total not exceeding 43 million Euros. The Small Business Act for Europe includes five initiatives: revision of the Block Exemption Regulation on state aid, adoption of a European Private Company, possibility for Member States to apply Reduced VAT for local services provided by micro-undertakings, modernization of the VAT rules and amend the directive on late payment
It also contains 10 principles, related to 92 concrete actions for the implementation of which both Member States and the European Commission are involved. I METHODOLOGY OF THE SURVEY The idea was to follow the structure of the European code of good practices to facilitate access of SMEs to public procurements, every Member State being acustomed to it. It contains the following headings, with several general proposals:
PPN SME Questionnaire 27/10/2010
overcoming difficulties relating to the size of contracts subdivision of the contract into lots or parcels; grouping of tenderers; enhancing knowledge about subcontracting.
ensuring access to relevant information E-procurement, specific rules regarding publication of contract notices, enhancing information about rejection of bidders providing relevant information and help to SMEs on administrative procedures
improving quality and understanding of the information provided providing training to public buyers, providing training to SMEs
setting proportionate qualification levels and financial requirements rules regarding evaluation of groups of tenderers rules regarding qualification and financial resources of the applicants
alleviating the administrative burden simplification of the rules regarding the administrative certifications
simplification of the rules regarding the submit of tenders simplification of the applicable legislation simplification of the access to tender documentation
putting emphasis on value for money rather than on price giving sufficient time to draw up tenders ensuring payments on time.
II OVERVIEW OF THE RESULT OF THIS SURVEY 20 answers received; All the approaches proposed in the European code of good practices to facilitate access of SMEs to public procurement have been explored by at least one Member State. In the state of play, all the Member States have focused primarily on: e-procurement, training for purchasers or undertakings.
Some solutions have been more exploited than others:
ANNEX: ANSWERS RECEIVED:

Nota bene : Ireland indicated that the responses to the questions are based on draft guidance Facilitating Participation of SMEs in Public Procurement which is about to be published by the National Public Procurement Policy Unit (NPPPU) in the Department of Finance, following consultation with the National Procurement Service (NPS), the Department of Enterprise, Trade and Employment and other Stakeholders in the Irish public procurement market. PPN SME Questionnaire 27/10/2010
___ means no answer was provided regarding this item.
1. Overcoming the difficulties related to the procurement contracts size

Member States a) Subdivision of the contract into lots or parcels b) Grouping of tenderers c) Enhancing knowledge about subcontracting d) Any other action
1 - AT
In AT the statutory law of the Federal central purchasing agency (BBG) requires that the agency when procuring certain goods and services (like cleaning, IT, office and IT equipment, food, laundry, tools and electric/electronic euipment and components) has to put out these goods and services in a manner as to enable SMEs on a NUTS 3 level to participate if this seems to be useful as regards timing and local aspects (see section 2 (1a) of the Law establishing the federal procurement agency, BGBl I Nr 39/2001 (see Grouping of tenders is well known in AUT in the works http://www.ris.bka.gv.at/GeltendeFassung.wxe? area but not for services or supplies contracts. Abfrage=Bundesnormen& Gesetzesnummer=20001270). Otherwise the subdivision into lots (local and in time) in combination with the prohibition to bid for all lots or the limitation for bidding up to a specified number of lots is quite common. Recent examples are procurement procedures for biological food for hospitals and homes of elderly people Cette subdivision nest pas obligatoire. La loi du 24 dcembre 1993 relative aux marchs publics et certains marchs de travaux, de fournitures et de services nen fait pas mention, si ce nest de manire indirecte en prvoyant que Lorsque le march a trait plusieurs lots, le pouvoir adjudicateur a le droit de n'en attribuer que certains et, ventuellement, de dcider que les autres lots feront l'objet d'un ou plusieurs nouveaux marchs, au besoin suivant un autre mode, la condition qu'il se soit expressment rserv ce droit dans le cahier spcial des charges ou les documents en tenant lieu. (article 18 de la loi). Par ailleurs, larrt royal du 8 janvier 1996 relatif aux marchs publics de travaux, de fournitures et de services et aux concessions de travaux publics prvoit que Lorsque le cahier spcial des charges comprend plusieurs lots, le soumissionnaire peut remettre offre pour un ou pour plusieurs d'entre eux. Il remet offre pour chacun des lots qu'il a choisi. Ces offres peuvent tre consignes dans un document unique si le cahier spcial des charges le permet. (article 101, alina 1, de larrt). PPN SME Questionnaire 27/10/2010
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Other techniques to favor the participation of SMEs are systems of references in combination with subdivision into lots.
1 - BE
Un groupement de candidats ou de soumissionnaires peut faire valoir les capacits des participants au groupement ou celles d'autres entits (articles 18, 19, 44, 45, 70 et 71 de larrt royal du 8 janvier 1996). La mme possibilit est prvue dans les secteurs spciaux.
Larticle 90 de larrt royal du 8 janvier 1996 prvoit que l'offre doit indiquer la nationalit des sous-traitants ventuels et des membres du personnel employs par le soumissionnaire ainsi que, en cas de march public de travaux, l'identification des sous-traitants ventuels. Le mme rgime est applicable dans les secteurs spciaux. Restriction : cette identification nest exige que pour autant que le sous-traitant soit connu au moment du dpt de loffre.
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Member States
a) Subdivision of the contract into lots or parcels
b) Grouping of tenderers
In conformity with the principles of equal treatment and non-discrimination, according to Article 9 of PPL candidate or tenderer in a procedure for the award of public contract may be any Bulgarian or foreign natural or legal person, as well as their associations. If the winning tenderer is an association of natural and/or legal persons, the contracting authority may require the setting-up of a legal person. In this case the contracting authority should include this requirement in the contract notice. The newly set-up legal person is bind by the tender submitted by the association (Article 25 (3), item 2 PPL). Similarly, over the implementation of the contract, a candidate or tenderer may use the resources of other natural or legal person if it proves that these resources are available. The same applies to candidate or tenderer which is an association of natural and/or legal persons (Article 51 PPL). This is also stated in the position of bodies that in accordance with PPL perform control (namely, the National Audit Office (NAO), PPA and Public Financial Inspection Agency (PFIA)), which is published on PPA as Protocol No 13 of 14 September 2007. The protocol states that the persons taking part in the association should, as a whole, meet the requirements set by the contracting authority in terms of financial and economic standing, technical capacity and qualification.
c) Enhancing knowledge about subcontracting
d) Any other action
1 - BG
The Public Procurement Law (hereinafter: PPL) provides the legal definition of a lot or detached position. If the contract is subdivided into lots, the contracting authority should mention in the contract notice whether tenderers may submit tenders only for one, for all or for one or more lots (Article 25 (2), item 12 PPL). In its practice as a methodological body in the field of application of the public procurement law, the Public Procurement Agency (PPA) encourages contracting authorities to apply subdivision into lots. PPA recommends subdivision into lots to be carried out in terms of territorial, functional and/or other principle, this way allowing to conclude several contracts with various contractors by a single award procedure. The aforementioned recommendations concern also award procedures performed in accordance with the regime of the Ordinance on the Award of Small Public Contracts (OASPC) (award procedure of public contracts whose values is under national thresholds).
PPL does not put any restriction on subcontracting. However, the subcontractor included as such in a particular tender, may not submit its own tender for the same contract (Article 55 (4) PPL). According to PPL, each tender should state the subcontractors that will participate in the implementation of the contract and their respective share, if the tenderer foresees subcontracting (Article 56 (1), item 7 PPL). In addition, in case of subcontracting , the subcontractors should submit the documents under Article56 (1), items 1, 3, 4, 5 and 10 of PPL (concerning their registration; evidence on their economic and financial standing, technical capacity and/or qualification; declaration for lack of circumstances within the meaning of Article 45 of Directive 2004/18/EC and declaration that the offered price meets the requirement of a minimum labour charge in case of works contract). The way the participation of subcontractors is seen is analogous to the one concerning the case in which the tenderer is a non-personified body (or association, as mentioned above), taking into consideration the fact that the subcontractor is not a party to the contract and the overall responsibility is borne by the contractor.
PPA receives information about the implementation of the public contract, containing data on subcontracting, as well as their share and activity performed. The information is submitted in a standard form, whose sending is compulsory both to Public and Utilities sector purchasers, after they concluded the contract in accordance both with PPL and OASPC. The standard from is published into the Public Procurement Register (PPR), maintained by PPA, which is public and access is free of charge (http://www.aop.bg).
1 - CY
Whenever appropriate, contracting authorities are encouraged to sub-divide contracts into lots. Ex ante checks of contract notices and recommendations, if appropriate, to opt for division into lots Unlimited number of lots to be awarded to the same tenderer Unlimited number of lots to be awarded to the same tenderer
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Ensuring equal terms to sub contractors by including in the standard tender documents a provision requesting the contracting authority to pay directly the sub contractor in case of a payment delay by the main contractor. The amount paid to the sub contractor is deducted from the amount due to the main contractor.
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Member States

97 of the Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschrnkungen, GWB) contains the possibility to divide a contract into lots. One way is to subdivide the contract in a quantitative matter and therefore to award a certain coherent part of the contract, another way is to subdivide the contract by its subjects depending on the craft. However, 97 of the Act Against Restraints of Competition does not grant a right to demand a subdivision whenever it is technologically possible. In fact, the regulation requires to take a subdivision into account: if the possibility exists to adequately consider the interests of middle-class businesses, the division into lots should be the rule. Exceptions may only be made if a subdivision from a economical or technological point of view turns out to be unreasonable. This can be for example if the subdivision leads to a fragmentation that complicates the provision or the coordination of the service to a disproportional extend. The principle of subdivision also applies on contracts of private undertakings if they have been assigned with procurement measures by a public authority. This is to ensure that the consideration of middle-class needs and interests will not be avoided by conferring public tasks on private undertakings. This issue plays a role mainly in the field of Public Private Partnerships
Several undertakings can join together to form a grouping of tenders which competes as one tender in the procurement procedure. A grouping of tenders is treated equally like a single tender. The Procurement Regulation for Public Supplies and Services stipulates that a group of tenders has to be treated equally to a single tender if it carries out the services in its own enterprise or in the group members enterprises ( 7 (2)). Grouping members have an eased possibility to proof the economic, financial and technical capacity of their bid: The Procurement Regulation for Public Supplies and Services allows that in order to proof its capacity and technical qualification a grouping member may refer to the capacity/technical qualification of a different grouping member. However, the grouping member has to give evidence of its capability to take hold of the other grouping member in order to carry out the task, for example by bringing forward a declaration of selfcommitment ( 7 (9)). Similar rules about the grouping of tenders are included in the Procurement Regulation for Public Works 6 (1) No. 2, 6a (9)) and the Procurement Regulation for Professional Services ( 12 (3)).
d) Any other action
1 - DE
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1 - FI
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1. Making batches of contracts is a tool in favour of economic efficiency which is supported by the European Commission a. A device economically advantageous for all The batching of a public procurement contract benefits to undertakings but also to the contracting authority. First, it allows a better access of SMEs to public procurement contracts. These undertakings would not always have the technical, economic and financial abilities to perform the whole contract. Making batches thus allows them to be more competitive. Furthermore, the splitting of contracts allows craftsmen to easily sell their expertise. The division of contracts in batches helps also contracting authorities by stimulating competition and the participation of a greater number of undertakings, thence reducing costs. It ensures also the security of supply. b. A device fostered by the European Commission. Making batches of contracts is strongly supported by the European Commission. It its communication of the 25th of June, 2008, entitled Think Small First, The EC PPN SME Questionnaire 27/10/2010
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Article 45 of Public Procurement Contracts Code provides that definition of minimum level of capacity is not an obligation for the contracting authority. But sometimes SMEs have not the financial and technical capacity to tender. Therefore, enterprises have the possibility to set up groupings. Groupings members put forward each ones economic, financial and technical capacities as a whole. Article 52 of the public procurement contracts code provides that the evaluation of a grouping capacity is global. It is not demanded that each member of the grouping disposes of all the capacities required by the performance of the contract. EXCEPTS: Article 45 of the Public Procurement Contracts Code: I () Where the procuring authority decides to define the minimum levels of capacity (); III In order to prove its professional and technical capabilities and financial standing, the prospective bidder, even if it is a grouping of tenders, may request that the professional and
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Due to mandatory publication of contract award notices, and now with the voluntary ex ante notice, any enterprise is now in a position to identify the name of the company which has been/should be awarded the contract and its contact details of this company. France has developed an Internet web site to provide information to SMEs: http://pme.service-public.fr/. It provides different information about subcontracting and the relevant particular rules regarding specific economic sector, as freight forwarding. Moreover, the Ministry of Economy, Industry and Employment website provides non mandatory forms available to comply with the relevant regulation regarding declaration of subcontracting in public procurement contracts (http://www.economie.gouv.fr/services/services_en_lig ne.htm). They are freely available on with website with explanation regarding the procedure to apply.
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1 - FR
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Member States

has proposed a true partnership between the Union and member-States, showing a concrete political will to acknowledge the crucial importance of SMEs in the European economy. Unlike the American SBA, the European SBA does not promote a preferential system. It only encourages member-States to use nondiscriminatory tools like batching. 2. The awarding procedure is a compromise between flexibility and compliance with competition rules. a. The way batches are set up is free but organised. Article 10 of Public Procurement Contracts Code provides that contracting authority freely chooses the number of batches. But it also prescribes that it takes into account the technical specifications of the needed provisions, the structure of the related economic sector and, where necessary, the rules governing some professions. The administrative judge enforces this rule by verifying the regularity of the division. The content of batches is also freely determined. However, contracting authorities have to act in compliance with some guidelines stipulated by the ministry of economy: - batches must be homogeneous, subjected to be wholly performed by a single undertaking; - batches must be autonomous, subjected to be separately awarded. Other criteria such as time or location of performance can be chosen. Thus, when the performance of a contract needs a time lag or when the provisions have to be dispatched on a wide territory, the contacting authority can set up separated batches for similar provisions. The ministry of economy encourages such a practice. Once the batching has been made and the notice published, the contracting authority cannot modify the division anymore. Such a modification would make ineffective initial competition and would detract equal footing of candidates. b. Awarding procedures takes into account the assessed global value of the contract Article 27 of Public Procurement Contracts Code grants freedom to contracting authorities where it comes to the choice between a single procedure for all the batches and several procedures dealing each with one batch. In any case, the rule governing the procedure is determined by the assessed global value of all the batches. Therefore, where the assessed value of all batches goes beyond thresholds, each batch is subject to prior notice and competition measures. There is only one exception called the small batches PPN SME Questionnaire 27/10/2010
technical capabilities and financial standing of others economic operators is also taken into account, whatever is the legal nature of the links between them. In which case, it must prove the capabilities and standing of the said economic operator(s) and establish that it/they is/are available to perform the contract. Article 52 of the Public Procurement Contracts Code: I () Where a group is concerned, the professional and technical expertise and financial standing of its members is assessed overall. There is no requirement for each company to possess all the technical expertise required for the performance of the contract.
d) Any other action
Member States

exception. Incorporating Article 9.5.b, paragraph 3 of Directive 2004/18/EC into domestic Law, Article 27 of Public Procurement Contracts Code provides that small batches avoid formal procedures when two conditions are met: - the amount of batches is below 80,000 euro for supply and service contracts or 1,000,000 euro for public works contracts; and, - the global value of all the batches benefiting from this exception does not exceed 20% of the total assessed value of the contract. c. The awarding of batches has to be compliant with the purpose of the device As prescribed by Article 10 of Public Procurement Contracts Code, candidates cannot make offers subject to variation according to the number of batches which can be awarded to them. Offers made by a candidate are entirely independent with each other. Therefore, candidates cannot propose prices based on a sliding scale according to the number of batches awarded. The contrary would make ineffective the whole device of batches. Nothing precludes from awarding several batches to a single undertaking. However, each batch must be awarded at the end of an independent assessment of the offers merits. Contracting authorities cannot restraint the number of batches to which a candidate can tender. Nevertheless, the contracting authority can limit the number of batches a single undertaking can obtain. Such a measure can be justified by the need to ensure security of supplies chain or by technical or economical reasons. Contracting authorities only need to be transparent about this in the notices they publish. 3. Exceptions to the obligation of making batches are subject to judicial review It is compulsory to make batches where possible, below and beyond the thresholds. Article 10 of Public Procurement Contracts Code provides that public procurement contracts are awarded in separate batches except if the subject-matter of the contract does not make it possible to identify separate provisions. However, contracting authorities can free themselves from the obligation of making batches where it would lead to technical, economical and financial difficulties. Indeed, contracting authorities can award global contracts: - when making batches would not provide for sufficient competition; - when making batches would make it technically PPN SME Questionnaire 27/10/2010
d) Any other action
Member States

difficult or financially unreasonable to perform the contract. For example, the global cost of a contract provision can be higher with a batched contract when delivery expenses could be included in the price of the supply. - when the contracting authority is not able to ensure by itself organisation, "pilotage" and coordination of the performance of separate batches. 4. Making batches does not go without risks a. Regulation authorities must be careful Making batches might be used as a tool to get rid of competition and transparency procedures. The artificial slicing of contracts is penalised by judges. Furthermore, batches can facilitate cartels and the organised dispatching of contracts. Regulation authorities must remain vigilant. b. There can be practical and legal difficulties The making of batches can create difficulties in coordinating the performance of separate batches, in particular for smaller contracting authorities. From a legal point of view, making batches can lead to a situation where competition is not sufficient. Indeed, the splitting of the contract in several peculiar provisions can bring to a diminution of the number of undertakings interested in their performance. It can lead to the de facto exclusion of generalist undertakings. Unfortunately, our department does not have, at the moment, specific assessment results on the use and practical consequences of this provision. 5. Making batches of contracts is mandatory even for central purchasing bodies The Public Procurement Contracts Code, the Ordinance regarding contracts awarded by certain public or private bodies that are not covered by Public Procurement Contracts Code, and their implementing regulations, do not include article providing mandatory purchase through a central purchasing body. However, they organise non-mandatory mechanisms like coordinated or joint purchase or central purchasing body. Any procuring authority or entity and privates bodies in charge of public services may purchase through a central purchasing body but it is never compulsory for them to do so. Even in theses hypothesis, Article 10 of the Public Procurement Contracts Code, which provides a mandatory principle, is applicable.
d) Any other action
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Member States
Article 52 of the PPA provides that tenders may be submitted by several tenderers jointly. The contracting authority can not require setting up an economic organisation as a condition for submitting the tender; however it may be required from successful tenderer(s) should that be justified for the performance of the contract concluded pursuant to a contract award procedure. The contract notice has to clearly set the requirement of the contracting authority for setting up an economic organisation. According to Article 69 (5) of the PPA if more than one tenderer present a joint tender, the tenderers may jointly comply with the suitability requirements except in the case of certain financial requirements (a statement from the financial institution, or a certificate regarding the existence of appropriate guaranteethe or the submission of the tenderers report prepared in compliance with the accounting regulations.)
d) Any other action
1 - HU
Article 50 (3) of Act CXXIX of 2003 on Public Procurements (PPA) prescribes that certain contracting authorities (ministries, the central purchasing body, local governments and other budgetary organs) check whether the nature of the subject-matter of the procurement allows division into lots. If division into lots is possible based upon the nature of the subjectmatter of the contract and it is not contrary to economic rationality the contracting authority has to divide the procurement into lots in the contract notice.
The PPA has detailed rules on the possibility of subcontracting. According to Article 71 (1) of the PPA tenderers have to indicate the subcontractors intended to be employed for more than 10% of the value of the public procurement as well as the parts of the contract executed by subcontractors intended to be employed for less than 10% of the value of the public procurement.
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1 - IE
The NPPPU supports the European Code of Best Practice facilitating access by SMEs to public procurement contacts Section 1.1 and reccommends that contracts where possible should be broken into lots where possible both quantitatively and qualitatively as long as it can be done without compromising efficiency or value for money. Faciliating participation in this way broadens competition to the benefit of contracting authoritities and suppliers.
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The NPPPU recognises that sub-contracting is an important aspect in securing the best possible solution for contracting authorities. It also benefits larger companies by enabling them to strike up collaborative partnerships with small innovative firms who may be engaged in cutting-edge technology. This is further recommended in the publication Buying Innovation 10 step guide (http://www.entemp.ie/publications/trade/2009/buyingi nnovation.pdf) published by the Procurement Innovation Group established by the Department of Enterprise Trade and Employment which highlights the role that SMEs can play in smart and innovative procurement.
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1 - IT
Article 29 of the Italian Code on Public Contracts allows contracting authorities to divide contracts into lots when possible, below and beyond thresholds.
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d) Any other action
1 - LT
The Lithuanian Law on Public Procurement allows the contracting authority to subdivide the contract into lots or parcels. Seeking to provide more possibilities for SMEs to participate in centralized procurement procedures central purchasing body subdivides contracts into lots according to the territory, types of supplies, services or works and etc. The economic operators have a possibility to bid for one, several or all the lots. It must be mentioned that 34.9% of public contracts (countable from total public procurement value) are divided into separate lots.
Article 24 of the Law on Public Procurement prescribes that it must be required in the contract documents that the candidate or tenderer specify any proposed subcontractors and may be required to specify the share of the contract he may intend to subcontract. The said reference shall not affect the suppliers responsibility for the performance of the contract the award whereof is intended. Moreover, the rules whereby the subcontractors could be replaced shall be determined in the The law on Public procurement envisages that a tender contract documents. may be submitted by the group of suppliers. Besides, article 32 of the Law on Public Procurement prescribes that as necessary in a specific contract the supplier may rely on the capacities of other economic entities regardless of his legal relations with them. In such case the supplier must prove to the contracting authority that it will have at its disposal the resources of the execution of the contract. Under the same conditions a group of economic entities may rely on the capacities of the members of the group of economic entities or other economic entities. The grouping exists on government level and on local Law on subcontracts (loi du 23 juillet 1991) that level protects the subcontractors
With the purpose of ensuring transparency and efficiency of public procurement the Strategy of Lithuanian Public Procurement System Development and Growth during 2009-2013 has been adopted by the resolution of Government of the Republic of Lithuania. This strategy, among the other measures, provides for the promotion of SMEs participation in public procurement procedures. According to this measure special recommendations will be prepared
1 - LU
Existing in the Luxembourg public procurement law
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1 - MT
This is a common feature in Maltese tenders. Tender document templates, which have been prepared by the Department of Contracts for use by Contracting Authorities, outline options for the subdivision of the contract into lots.
This is also a common feature. Options are also found in the Templates (which can be found on our website www.contracts.gov.mt) for the formation of consortia A form is specifically included in the Templates etc. In fact it has been shown that high value tenders requesting bidders to identify any subcontracting which attract foreign interest and these companies usually is proposed for the execution of the contract. form a consortium with local companies and submit joint bids.
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1 - NL
Contracting authorities are motivated to divide into lots or parcels if the tender consists of more than one very specific expertise for which different markets exist. Stimulating the participation of SMEs in public contracts is often part of the long-term purchasing strategy that contracting authorities have.
Economic operators have the possibility to set up and tender as a grouping. Economic operators in the grouping combined should fulfil the requirements. In order to fulfil the requirements an economic operator can also rely on the capacities of another economic operator. Then the economic operator has to be able to prove to the contracting authority that he can indeed invoke the capacities of that economic operator. Both of these possibilities make it easier for SMEs to access public contracts The provisions of the Act on Public Procurement relating to economic operator apply respectively to the economic operators competing for a contract jointly. The consortium of economic operators should fulfill the conditions for participation in a contract award procedure referred to in Article 22 par 1 as ,
NL is in the process of a making a new public procurement law. This proposal contains a provision that legally requires contracting authorities to pay attention to the structure and composition of the PIANOo, knowledge centre for the contracting relevant market. The purpose is to avoid clustering of authorities is providing information on how to procure public contracts where this is not absolutely necessary, SME-friendly by avoiding clustering of public contracts in order to make sure SMEs have sufficient access to in cases this is not necessary. public contracts. With this provision a contracting authority should not combine several public contracts in a market with many SMEs in order to keep the contracts accessible to the SMEs. The Polish Act on Public Procurement allows economic operator to entrust subcontractors with executing the contract. The explanation of issue which is subcontracting was placed in many publications issued by Public Procurement Office for example in Public Procurement Potential of other entities: The Act on Public Procurement gives economic operators possibility to rely on potential of other entities. Under article 26 par 2b , The economic operator may rely on knowledge and experience, technical potential, personnel capable of performing the
1 - PL
The Polish Act on Public Procurement allows for submitting tenders for lots and award the contract into lots in separate procedures. These matters are addressed in article 32 par 4 and article 83 par 2 of the Act of 29 January 2004 on Public Procurement. Article 32 par 4 specifies the method of calculation of PPN SME Questionnaire 27/10/2010
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the value of the contract, if the contracting authority allows for the possibility of submitting tenders for lots or awards the contract in lots. In this case , ,,the value of the contract shall be the aggregate value of all those lots. If so calculated value of contract will exceed the equivalent in PLN of EUR 14 000 (According to the Act on Public Procurement it is the value above which the contracting authority has to apply procedures set in this Act), the contracting authority is obligated to apply procedures specified in the Act on Public Procurement to individual lots of the contract, although the value of individual lots does not exceed this value. However, as a result of the amendment to the Act on Public Procurement introduced in 4 September 2008, there is derogation from this general rule in form of the Article 6a which permits contracting authorities, in case when they award the contract in lots, to apply provisions appropriate for the value of the lot ( more flexible procedures provided for by the Act of 29 January 2004 on Public Procurement for public contracts under EC thresholds) if the value of the lot is less than the PLN equivalent of EUR 80 000 for supplies and services and less than the PLN equivalent of EUR 1 000 000 for works, under the condition that the total value of those lots is less than 20% of the contract value. This provision is particularly beneficial for SMEs competing for a contract as it allows to apply more flexible procedure to small lots of the contract. Article 83 par 2 permits for the possibility of submitting tenders for lots, where the object of the contract is divisible. According to this article the contracting authority allows economic operators to submit tenders only for the part of the contract. It is very advantageous for SMEs which are not always able to submit an offer for whole contract and in this case may apply for its smaller part. The data obtained by the Public Procurement Office on the basis of the contract notices placed in the Public Procurement Bulletin (contract notices where the value of the contract is less than the amounts specified in the EU thresholds) indicate that in 2009 148.914 contract notices have been published, where in 28.292 (19.00%) contracting authorities allowed for the possibility of submitting tenders for lots. For comparison in 2008 157.025 contract notices have been published, where in 29.205 (18.60%) contracting authorities allowed for the possibility of plenipotentiary to represent them in the contract award procedure or in the procedure of conclusion of a public procurement contract.
d) Any other action
1) authorisations to perform specific activities or actions, if such authorisations are required by the law; 2) knowledge and experience; 3) appropriate technical potential and personnel capable of performing a contract; 4) economic and financial standing This means that the requirement to fulfill conditions must relate to all members of consortium together. Law. Comment. Third edition Warsaw 2007. Public They together fulfil conditions specified in article 22 Procurement Law after amendment in 2009 Warsaw par 1 point 2,3,4 when at least one of them fulfil that 2010. condition. It is natural that economic operators competing for a contract jointly are complementary to each other. Members of consortium are jointly responsible for the performance of the contract and for the providing security on due performance of the contract. ( article 141 of the Act on Public Procurement
contract or financial abilities of other entities, regardless of the legal nature of its relations with such entities. In such case, the economic operator is required to prove to the awarding entity that it will have at its disposal the resources necessary to performing the contract, in particular by presenting to this end a written commitment of those entities whereby they undertake to put the necessary resources at the economic operators disposal for the time of their use in performance of the contract. The same rules apply to consortia.
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Article 22.of the Portuguese Code of Public Contracts allows contracting entities to divide contracts into lots. National Agency for Public Procurement (NAPP) practice: All public tenders launched so far are divided into lots In most cases lots are used in order to sort consistent groups of goods and services (e.g. the category Hardware comprises separate lots for PCs, laptops, servers, etc. Some public tenders /contracts are divided into geographical lots aiming at i. facilitating the access of local/regional operators; ii. Avoiding larger operators to get the whole range of services being procured Tenderers are always allowed to bid for one, several or all lots upon their own decision NAPP planned enhancements: The practical application of existing framework agreements and its evaluation against actual audited results (of both the framework agreements as well as the so-called call-offs) will help NAPP to fine tune the lots to be included in the coming tenders Note: the average duration set for the framework agreements is two years, with the possibility of being renewed until the maximum of four years according to the Directive 2004/18 The provisions of the Directives 2004/17/EC and 2004/18/EC regarding subdivision of the contracts into lots or parcels were fully transposed into the provisions of the new Romanian PPL (Public Procurement Law) adopted by G.E.O. (Government Emergency Ordinance) no. 34/2006. The Romanian law provides that for the lots with an estimated value of which is less than certain thresholds (EUR 75.000 for supplies, EUR 75.000 for services and EUR 500.000 for works, without VAT) can be awarded using a simplified request for tenders, provided that the aggregate value of those lots does not exceed 20% of the aggregate value of the lots as a whole. Government Decision no. 925/2006 on the application Norms of G.E.O. 34/2006, provides that the minimum levels of ability required to the tenderers/ candidates must be related and proportionate to each lot, not to sum of the lots.
d) Any other action
1 - PT
Undertakings have the possibility to set up groupings. Groupings members put forward each ones economic, financial and technical capacities as a whole NAPP practice: All public tenders launched by NAPP allow for the tenderers to group and place joint bids Possibility of grouping is foreseen in the Code of Public Contracts The selection committees of public tenders answer related questions addresses by interested operators and/or tenderers by confirming the possibility Legal procedure for setting up a group is governed by the general Portuguese commercial law and cannot be seen as a significant obstacle for grouping NAPP planned enhancements: Publication of prior information notices is being considered Partnerships with SME representative trade associations is envisaged in order to better reach this target audience Training & Communication actions tailored to address SMEs roadshows and workshops have been deployed during 2009 and 2010.
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1 - RO
Romanian law allows that economic operators can form tendering groups with the purpose to present together the candidature or to submit a common tender, not having the obligation to assume a specific legal form of their association. This provision is to the benefit of SMEs and has been largely used in Romania since the implementation of the EU Directives
The Romanian PPL provides the following obligations, regarding subcontracting : tenderers must specify the subcontractors in their tenders, in case the contracting authority requires so; the subcontracts must be annexed to the main public procurement contract; main contractors are not allowed to change subcontractors during the execution of the contract, without procurers consent.
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14
Member States
d) Any other action
1 - SE
According to regulation 1998:796 (no English translation available) it is compulsory for central state authorities to take notice of SMEs possibilities to participate in public procurements.
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The Swedish Competition Authority (Konkurrensverket) gives information on how contracting authorities can facilitate for SMEs to participate in public procurements. The Legal, Financial and Administrative Services Agency (Kammarkollegiet) is, since January 1, 2009, responsible for a support function to contracting authorities as well as contractors including SMEs. Their task includes supporting and providing the contracting authorities with tools and advice concerning public procurements as well as facilitating SMEs to take part in public procurements.
1 - SK
Regarding the improvement of SMEss conditions/situations in public procurement the Slovak Republic has not adopted any special/separate or obligatory/compulsory measures in public procurement legislation yet. Three recommendations of the 2008 Glover Report, Accelerating the SME Economic Engine, identified the need to open up supply chain and subcontracting opportunities for SMEs. In March 2010 OGC published guidance on its website for procurers and prime contractors in managing the supply chain, including advertising sub contracting opportunities and passing on favourable contract conditions, including prompt payment. The key elements of this guidance are included in the training for procurers (see below). From December 2010 prime contractors will be able to advertise subcontracting opportunities on the new Public Opportunities Portal and will be required to publish contract award notices. The Supply2Gov opportunities portal has recently been enhanced to enable the publication of contract award notices for procurements over 20,000 and all government departments have been encouraged to start publishing contract award notices via a Procurement Policy Note (PPN). This will make it easier for potential sub contractors to identify contracts which may have subcontracting opportunities available.
1 - UK
OGC has produced guidance that recommends that in some cases it is suitable to break down large ICT contracts and other large procurements into smaller pieces or lots thereby enabling greater SME participation and reducing the level of risk associated with larger contracts
OGC and the Office of the Third Sector (OTS) are considering producing guidance on consortia or partnership formation for public procurement. Any guidance developed will be published in 2010/11. From December 2010 the new Public Opportunities Portal will enable suppliers, including SMEs, to search for potential delivery partners.
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2. Providing access to relevant information

Member States A) E-procurement b) Specific rules regarding publication of contract notices c) Enhancing information about rejection of bidders d) Providing relevant information and help to SMEs on administrative procedures
A business portal has been established (see http://www.usp.gv.at /Portal.Node/usp/public) where basic information about procurement procedure and contact points are provided as well as further links for specific information and on specific topics. The federal Chancellery has set up a website dedicated to procurement, where current legislation, extensive explanatory notes to the Law, circulars to different topics, practical and other useful information is provided. The economic chambers act as contact points for businesses (esp. SMEs) providing guidelines and help desks for interested companies
e) Any other action
2 - AT
A central database (free access 24/7, supports search functions and includes an archive) has been set up on federal level and in some regions thus providing unrestricted and centralized access to procurement information (see http://www.peponline.at/CP/WZOnlineSearch.aspx).
The federal Procurement Law requires basically that all contracts below the EU thresholds have to be published. Exceptions for small contracts and specific situations have been established
Recent rulings of the Federal Procurement Authority (the Bundesvergabeamt) stress the need that sufficient information has to be given. This jurisprudence is in line with the recent judgment of the ECJ in C-455/08 and applies to procurement procedures below the threshold as well.
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2 - BE
Lutilisation de moyens lectroniques peut tre rendue obligatoire dans les conditions prvues aux articles 81bis 81quater de larrt royal du 8 janvier 1996. Le mme rgime est applicable dans les secteurs spciaux
A partir des seuils europens : le rgime de la publicit tel que prvu dans les directives 2004/17/CE et 2004/18/CE sapplique. Pour les marchs natteignant pas les seuils europens et pour les services figurant lannexe 2 B de la loi, quel que soit le montant : publicit seulement obligatoire au niveau national (Bulletin des adjudications) sauf pour les cas de procdure ngocie sans publicit.
Pour tous les marchs dpassant le montant de 67.000 euros: rgime uniforme dinformation automatique prvu aux articles 65/7 65/10 de la loi du 24 dcembre 1993 (rgime similaire celui prvu dans la directive 2007/66/CE). Pour tous les marchs ne dpassant pas le montant de 67.000 euros: rgime spcifique prvu aux articles 25, 51 et 80 de larrt royal du 8 janvier 1996 en vertu duquel seule linformation minimale est envoye avec possibilit pour les candidats et soumissionnaires dobtenir la dcision motive sur demande par la suite. Pour les marchs constats par simple facture accepte (ne dpassant pas 5.500 euros) : pas dobligation dinformation. Un rgime comparable est prvu dans les secteurs spciaux (mais le montant de 67.000 euros est alors port 135.000 euros).
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16
Member States
A) E-procurement
Pursuant to 1, item 20 of the Additional provisions of PPL, contracting authorities may use the buyers profile to publish notices, information about the calls for tender, concluded contracts, terminated procedures and any general useful information. If the contracting authority publish prior notice at its buyer profile, it should also send the notice to the PPA and the Bulgarian Official Journal State Gazette in an approved form. PPL requires the prior publication of a notice not to be uploaded at the buyers profile before the date of sending the notice (Article 23 (2) PPL). Similarly, the tender may be submitted electronically in accordance with the Electronic Document and Electronic Signature Law (Article 57 (5) PPL). Exchange of information between contracting authority, candidates and tenderers may be carried out by post, by fax, in electronic way in accordance with Electronic Document and Electronic Signature Law or combination of the above at the contracting authoritys choice (Article 58 (2) PPL).
b) Specific rules regarding publication of contract notices
c) Enhancing information about rejection of bidders
d) Providing relevant information and help to SMEs on administrative procedures
e) Any other action
2 - BG
The notice about procurement contract with a value that equals or exceeds the amounts set by Commission Regulation should be sent to the Official Journal of the European Union, State Gazette and the PPR. There are two national publication bodies for procedures held according to the regime of PPL, namely the State Gazette and PPR. The information about procedures held according to the regime of the OASPC should only be sent for publication into the PPR.
The decision taken by the contracting authority to award the contract to the chosen applicant should also mention the rejected candidates and tenderers and tenders and the motives for their rejections. The decision is sent in written in five working day-term after conclusion of tender evaluation committee operation. Upon written request by the tenderer, in three day-term the contracting authority should provide access to the protocol and/or send a copy thereof, without prejudice to any regulatory act or without preventing, restricting or distorting competition.
As part of the mandatory publication into the PPR of information on each award procedure opened in accordance with PPL and/or OASPC, the PPR is an electronic database containing information on all the award procedures launched in Bulgaria. PPR allows searching according to various PPA website contains all the national public criteria throughout all the award procedures procurement legal acts, as well as EU public opened from 2004 onwards, by using the Fast search option (without registration) and procurement legislation. Advanced search option (free registration The specialized hot phone line consults all required). In order to facilitate use of data, the interested persons. PPA provides the Electronic subscription service to all interested persons. After setting relevant criteria (such as contracting authority, subject-matter of the contract, type of procedure, etc.) the interested person may create search patterns and, accordingly, receive automatic notification on the email address given.
17
Member States
A) E-procurement
In Cyprus there is currently an eProcurement Platform, serving all Economic Operators in Cyprus and abroad. The platform operates at no cost to businesses for all types of Competitions and for all types of procedures (the registration to the system is free of charge for all economic operators). All the notices have to be published electronically through the system. The system notifies automatically all registered economic operators upon publication of a Competition and reduces transactional cost of participation in Public Procurement by more than 50 %. The introduction of this measure also enhances equal treatment and transparency that make Public Procurement a more attractive Market. The use of e-Procurement renders information dissemination faster, bureaucracy reduction and creates significant time savings during tendering procedures. As an extension to the e-procurement system, the e-catalogues and e-ordering modules were developed. These cover the creation of an e-catalogue within the context of Framework Agreements or for simplified procedures, supports the Request for price update and single ordering process and facilitates direct ordering under an electronic catalogue. The Economic Operators are allowed to upload catalogue template including product description/ download template, upload of product images (incl. related, complementary, replacement items, discounts, etc.). The use of these modules will drastically reduce administration costs associated with participation in public procurement competitions and receiving and processing orders from the public sector. The use of ecatalogues and e-ordering renders information dissemination faster, the bureaucracy reduced and creates significant time savings during the ordering and delivery procedures. Within the context of the implementation of e procurement, the establishment of a central repository of certificates is examined PPN SME Questionnaire 27/10/2010
e) Any other action
2 - CY
In providing as promptly as possible the Contracting authorities are obliged to necessary information to the candidates / publish the contract notices and the contract tenderers on the contract award decisions, a award notices for all contracts (above and Template Letter to be sent to the tenderers / below the EU thresholds) through the ecandidates as well as the procedure to be procurement system followed on this issue has been circulated to all contracting authorities / entities.
A checklist concerning all the relevant supporting documents that have to be submitted by the tenderers / candidates is currently under construction
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18
Member States
A) E-procurement
Various websites are dedicated to provide SMEs with information concerning public procurement and to conduct E-procurement. On www.bund.de all procurement procedures conducted by a Federal awarding authority are published. Various States (Bundeslnder) use the website to publish their tenders as well, and the website contains links to tenders of some of the States. The Procurement Agency of the Federal Ministry of the Interior has set up a website (www.evergabe-online.de) which contains information on procurement and enables a keyword search on procurement as well. In addition to that, the website also contains information about current and future procurements and offers an online application and the conduct of procurement procedures to registered businesses. In order to facilitate access and the use of the website, the Procurement Agency of the Federal Ministry of the Interior also offers guide-books, online information and instruction courses. Contracting authorities can get training on E-procurement on www.evergabe-schulung.de. Another website containing tenders and enabling online procurement procedures for registered businesses is www.ausschreibungs-abc.de which is kept up by the States and the German Procurement Journal. In addition to that, several States (Bundeslnder) such as Hessen, Mecklenburg-West Pomerania, North Rhine-Westphalia, Bremen and Bavaria have created E-procurement websites.
e) Any other action
2 - DE
Remark: there are no specific rules for SME. Publication requirements set by the directive 2004/18/EC compel the publication of contract notices in the Official Journal of the European Union, when the amount of the contract exceeds the European thresholds. German Procurement Regulations have not established any further rules regarding the publication of contract notices, neither in favour of SMEs nor for contracts below the EC thresholds. According to the Procurement Regulation for Public Services and Supplies contracting authorities have to give information about every contract (according to Annex III of the Regulation (EC) No 1564/2005) within 48 hours after the award to the Publications Office of the European Union. In case of a framework contract, however, only the conclusion of the contract has to be published not the individual contracts which are based on the framework agreement. The contracting authority may refuse to give information about the award if it is against the public interest, if private or public business interests are concerned or if a fair competition among the competitors is affected ( 23).
Even below the EC threshold, according to Procurement Regulations the unsuccessful tender has to be informed about the rejection once the decision has been made. The rejected bidders can demand further information about the reasons of the rejection, the characteristics and advantages of the successful bid as well as the name of the successful bidder. The information must be given immediately and up to 15 days after it has been demanded.
All the websites mentioned above contain relevant information which helps SMEs on administrative procedures. Further useful websites are: http://www.bmwi.de/BMWi/Navigation /mittelstand.html (Federal Ministry of Economics and Technology) www.bescha.bund.de (Procurement Agency of the Federal Ministry of the Interior) www.absta.de (Procurement Consulting Centres of the Chamber of Trade and Commerce)
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19
Member States
A) E-procurement
e) Any other action
2 - FI
Contracting authorities are under the obligation to publish their contract notices via HILMA (http://www.hankintailmoitukset.fi/fi/) e-Auction and DPS are not in use in Finland Notices are forwarded to the Supplement to yet, but implementation and legislation the Official Journal of the European Union process is in progress and e-Auction and (http://simap.europa.eu/index_fi.htm) and DPS will be available by 2011. the TED database (http://ted.europa.eu/). In a report on 2007 PP reform in Finland, centralized advertising system has been regarded beneficial i.a. for SMEs access to public procurement
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2 - FR
To ensure the access to useful information and to improve its quality, e-procurement has been extended. Article 56 of Public Procurement Contracts Code provides that, from the 1st of January 2010, concerning the purchasing of computer-related deliverables, with a contract amount above 89,999.99 Euros, the contracting authority cannot reject any more tenderers sending it documents by an electronic way. This measure will be extended to all the contracts from the 1st of January 2012.
The directive public procurement compels French contracting authorities to publish contract notices in the Official journal of the European Union only when the amount of the contract exceeds the European thresholds (e. g. 133,000 Euros at least). But the French authorities went further. A specific threshold of 89,999.99 Euros has been set up. Above this threshold, contracting authorities are formally compelled to publish their contract notice, especially in a local paper. This is to make easier the access of SMEs to public contracts.
Enhancing information about rejection of a tender or a candidate allows them to improve their offers while applying the next time. 1. If the contract is subject to mandatory publication in the OJEU Pursuant to the EU Directives, once the public buyer has elected a successful tenderer or eliminated a candidate, he must inform the unsuccessful one of the contract award decision by sending it to them in writing. This decision must contain, at least, the following statements: information about the rejection of the tenderer or candidate; non stereotypical and relevant reasons justifying this rejection; the name of the successful tenderer; information about the review procedures available and the relevant time-periods to submit a challenge; the name, address, zip code and telephone number of the person in charge of the awarding procedure of the contract; the stand still period the procuring authority/entity will respect before signing the contract. It is mandatory to respect at least a stand still period of a minimum 16 calendar day following the date on which the decision is send to the tenderers or candidates concerned (11 calendar days is the decision is send by electronic means (email or fax)).
France has developed an Internet website to provide information to SMEs: http://pme.service-public.fr/. It provides information about how to apply for legal forms, relevant certificates to provide while applying for a public procurement contract, links to obtain them by electronic means, etc. The Ministry of Economy, Industry and Employment website provides information about awarding procedures too.
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20
Member States
A) E-procurement
e) Any other action
Any statement missing automatically leads any judge to recognize the procedure does not comply with the advertising and competitive tendering obligations. The stand still period will allow the unsuccessful bidders to examine whether or not it is justified to submit a challenge. 2. If the contract is not subject to mandatory publication in the OJEU Pursuant to the different French public contracts regulations, once the public buyer has rejected a tender or a request to participate, he must inform the unsuccessful tender/candidate of this rejection decision by sending it to them in writing. This decision must contain the same statements than abovementioned, BUT there is no mandatory stand-still period.
21
Member States
A) E-procurement
e) Any other action
2 - HU
Currently e-procurement is a possibility for conducting the procurement procedure. Only the electronic publishing of the contract notices related to procurements above community thresholds are obligatory.
Contract notices related to procurements below community thresholds have to be published in the Public Procurement Bulletin edited by the Public Procurement Council. Contract notices related to procurements above community thresholds are also published in the Bulletin for information purposes after they are published in the TED. All contract notices are accessible and searchable on the website of the Public Procurement Council. The Public Procurement Bulletin is available in electronic form and can be accessed free of charge on the homepage of the Public Procurement Council.
According to Article 93 (2) of the PPA upon completing the evaluation of the tenders, the contracting authority has to prepare a written summary of the tenders in a standard form specified in a separate act of legislation. At the announcement of results, under Article 96 of the PPA, the contracting authority has to explain the data in the written summary and it has to be handed over to the tenderers present at the announcement of results and to be sent to absent tenderers without delay by telefax or electronically. Furthermore, under Article 93 (1) of the PPA, the contracting authority has to inform the tenderer in writing of its exclusion, or being deemed unsuitable for performing the contract, or the classification of its tender as invalid as well as of the relevant reasons for the mentioned actions within five days after its decision. Contract award notices also have to be published according to EU rules.
The Public Procurement Council issued guidance for the tenderers in order to help tenderers to submit their tenders. The guidance was distributed by various chambers as well. The guidance is currently under revision
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2 - IE
The public procurement website www.etenders.gov.ie (etenders) is a national resource available to contracting authorities and suppliers which increases transparency and greatly facilitates access to public sector contracts. The site provides email alerts to suppliers when notices of interest to them have been published (based on supplier profiles provided). The site also provides a facility for secure online submission of tenders by suppliers. Use of the facility by public bodies is encouraged as it can simplify the tendering process for contracting authorities and suppliers. Suppliers require no more than a PC and Internet access to use the application; they do not have to incur the expense of acquiring specialist software.
Under current guidelines, contracting authorities are required to advertise contracts with estimated values of more than 50,000 for supplies and service contracts on the national public procurement website (etenders) in the normal course. This provision was recently extended to include works contracts. The 50,000 threshold is not absolute and a recent survey showed that some authorities advertise contracts of less than this value (ranging from 10,000 upwards) as standard practice. It is generally recognised that advertising of these opportunities promotes SME participation. Therefore, authorities are encouraged to advertise lower value contracts on the website where market conditions would not result in a disproportionate response.
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As part of the further development of the eTenders website a national supplier register will be incorporated into the site. This register will contain all the relevant contact data and company information that will be required for pre-qualification for public sector contracts, including tax clearance certificates, insurance certificates, health and safety etc. This data will be inputted when a company is registering on eTenders and will only have to be updated by the company when insurance or other certificates have to be renewed. It will therefore not be necessary for companies to supply this information or certificates every time they apply to take part in a tender process.
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22
Member States
A) E-procurement
The Public Administration Electronic Marketplace (MEPA), is a tool that supports purchases below the community threshold. It was introduced in 2002. According to the Financial Act 2007, State Public Administrations are obliged to use the electronic marketplace for purchases below the EU threshold. The MEPA is managed by Consip, public stock company owned by Italys Ministry of the Economy and Finance (MEF), in the framework of the Program for the Rationalization of Public Expenditure. It is a selective electronic marketplace in which authorized suppliers offer their goods and services directly online. Registered buyers (Public Administrations) consult its catalogues and can make either a direct purchase order or request for offer. The marketplace is open to qualified suppliers who comply to the provided selection criteria. In order to maintain their offer serious and competitive, suppliers may update their catalogues at any time. The public entities may search, compare and buy goods and services from electronic catalogues inserted into the system and proposed by several suppliers, reducing time and costs of purchases and simplifying procedures. The MEPA is a very important tool for promoting SMEs. Some data and results up to December 2009: 5000 enterprises are registered on the MEPA 98% of enterprises registered on the MEPA are SMEs and have generated 97% of the total turn over 67% of these SMEs are micro enterprises ( < 10 employees) more than 1.300.000 catalogue items
e) Any other action ___
Information Centres: The project Sportelli in Rete (eprocurement training desks), has been implemented by Consip in cooperation with the Association of Enterprises. The initiative consists in the availability of training centres, in the headquarters of the local and territorial associations of enterprises, to support SMEs and to provide them free information and training on the use of the electronic marketplace (MEPA) and of other e-procurement tools.
2 - IT
Articles 66, 122, and 124 of the Italian more than 200.000 transactions took Code on Public Contracts (both above and below the EU threshold) provide that place notices of works public contracts around 320 average transactions took (equivalent to or above 500,000 euro), supply and services public contracts shall be place per working day published on the Ministry of Infrastructures 230 million euro is the yearly turn over and Transports website within 2 days starting from the date notices are published the year 2009 PPN for SME Questionnaire 27/10/2010
were offered
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23
Member States
A) E-procurement
In 2005-2009 a project of public procurement information system development was executed by PPO and now public procurement operators have a chance to exercise all the process of public procurement by the means of Central Public Procurement Information System (CPPIS). The access to the CPPIS is free of charge for all interested parties: https://pirkimai.eviesiejipirkimai.lt/login.as p?B=PPO Currently the CPPIS contains a wide range of possibilities for public procurement operators: list of contracting authorities; annual public procurement plans published in the beginning of the year; contract notices for all public procurement (below and above EU thresholds); draft technical specifications of major public contract awards; contract documents which can be published in electronic format; information about individual proceedings of each tendering procedure; public procurement rules for the public contracts below EU thresholds approved by the directors of each contracting authority; official list of approved economic operators and etc. Since the 1st of September, 2009 the Law on Public Procurement obliges contracting authorities to carry out procedures electronically no less than 50 percent of their public procurements (in value) per annum. In September, 2009, 94 of 344 published procurements were executed electronically and in February, 2010 this number increased to 495 of 1033.
e) Any other action
2 - LT
Article 23 of the Law on Public Procurement sets that all the public notices (prior information notices, contract notices, contract award notices, notice for voluntary ex ante transparency, project contest notice) are published in the Official journal of the European Union, in the local paper Valstybes Zinios and in the CPPIS . It is applicable when the amount of the contract exceeds the European thresholds. When it is under the threshold, public notices are published in the local paper Valstybes Zinios and CPPIS.
In all cases, once the contracting authority has rejected a tender or a request to participate, he must inform the unsuccessful tender/candidate of this rejection decision by sending it to them in writing or using electronic means in cases of electronic procurement procedures. Furthermore, information about individual proceedings of each tendering procedure (including the received and rejected tenders, the ranking of tenders and the successful tender) and public procurement reports are publicized in CPPIS and are accessible to all the potential tenderers.
The European Code of Best Practices Facilitating Access by SMEs to Public Procurement Contracts has been published on the website of the Ministry of Economy and distributed among the main contracting authorities. According to the recent amendments to the Lithuanian Law on Public procurement: Following the Strategy of Lithuanian Public - contracting authorities are obliged to Procurement System Development and publish in CPPIS their annual public Growth during 2009-2013, specific training procurement plans in the beginning of the for SMEs will be organized. year; - the draft technical specifications of major public contract awards should be published in advance in CPPIS for public consideration. PPO advertises in its website the statistical information concerning the annual results of public procurement in Lithuania.
2 - LU
Central procurement portal in Luxembourg (http://www.marches.public.lu/), at the Standardized models are used for Ministry for Sustainable Development and publications on then national level Infrastructury, that collects all notifications PPN SME Questionnaire 27/10/2010
the
This is a legal indication for all kind of The central procurement portal contains contracts, also below the European information, as well as the portail of The threshold Chambres des Mtiers
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24
Member States
A) E-procurement
e) Any other action
2 - MT
Website has been enhanced to give a 24x7 service. The website provides unrestricted access to procurement-related matters, such as information on the individual tenders (including a free preview version, the summary of tenders received, and the award), and the recommendations issued by the General Contracts Committee. Free registration further allows for the setting-up of new tender alerts (dispatched via email and/or SMS), provides access to purchase tender documents online, faster notification of new clarification notes, and for the receipt of alerts advising for changes in the tender status
Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will be provided the following information: (i) the criteria for award; (ii) the name of the successful tenderer; (iii) the recommended price of the successful bidder; (iv) the score obtained by the unsuccessful bidder, and the score of the successful bidder; (iv) the reasons why the Publication in the Maltese Government tenderer did not meet the technical Gazette for below threshold tenders while specifications/ notification that the offer was not the cheapest (if applicable); (v) SIMAP used for above threshold tenders the deadline for filing a notice of objection (appeal); (vi) the deposit required if lodging an appeal. The recommendations of the General Contracts Committee shall be published on the Notice Board of the Department of Contracts, and published online on the Departments website, www.contracts.gov.mt/gcc A new procurement law has been drafted. Contracting authorities will be obliged to publish their tender notices on the website www.TenderNed.nl. This will be mandatory for contracts above the threshold. It will also be mandatory for contracts below the threshold in case the contracting authority decides to publish a tender notice. The aim of this measure is that SMEs and other economic operators will find all tender notices on one site, which will saves time and money. SMEs and other Economic operators may also apply a search mode in which case they will be automatically informed about tender notices of their interest. Besides e-noticing, TenderNed will provides e-tendering and e-awarding. TenderNed will also become a TED eSender.
Information sessions have recently been organised by the Department of Contracts for companies on administrative procedures.
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2 - NL
Almost all public contacts above the threshold can be found on the website of the www.aanbestedingskalender.nl. Most contracting authorities publish their public contacts on that website. That way the public contacts are easily visible and accessible for economic operators. Most contracting authorities communicate with economic operators by e-mail. This is quick and easy for both parties, and saves time and money.
The new procurement law proposal contains the principle of transparency for public contacts above and below the threshold. For below transparency is necessary only when the contract notice is published. Because of transparency, the contacting authority has to inform the rejected candidates and motivate his decision. The implemented remedies directives oblige the contracting authority to motivate his decision to reject a bidder at the same moment the contract award notice has been published and the stand still period starts.
Several private companies specialise in advising economic operators how to deal with the public procurement rules en requirements. Also coordinating branch organisations for economic operators like the Dutch VNO-NCW and MKB-NL (especially for SMEs) provide information on how to procure. There are several manuals available to help SMEs to go through public procurement procedures step-by-step.
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25
Member States
A) E-procurement

In Poland information on public procurement procedures is provided mainly by the Public Procurement Office. Both contracting authorities and economic operators have access to information on public procurement (regulations, legal opinions, case law, publications, annual reports on the functioning of public procurement system, guides and monthly information bulletins) through the PPOs website and Portal. The Public Procurement Office is also maintaining the telephone legal helpline, through which all stakeholders may consult with lawyer in case on questions related to interpretation of provisions in the field of public procurement. Additionally, in the structure of the PPOs Legal Department operates the Legal Opinions, Judicature and Court Cases Unit, one of whose tasks is giving the answers for stakeholderss questions about explanation and interpretation of provisions provided for in the Act on Public Procurement. Information directly or indirectly related to public procurement can also be obtained in the institutions involved in promotion and development of small and medium enterprises. In Poland the Polish Agency for Enterprise Development (PARP) is such an institution. The PARP is a government agency reporting to the Minister of Economy which actively participate in creation and effective implementation of the state policy regarding entrepreneurship, innovativeness and human resources adaptation. According to the rule Think Small First SMEs above all, all activities of the Agency such as designing rules, provions and instruments of state are implemented with particular consideration of the SME sectors needs. The PARP provides educational portal for small and medium-sized enterprises- PARP Academy, which enables access to free internet trainings (www.akademiaparp.gov.pl). Also the Ministry of the Economy web site contains information about administrative procedures and methods to support SMEs and possibilities for obtaining funds for operations and export of products and
e) Any other action ___
2 - PL
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According to rules prescribed in EU public procurement directives contract notices above EU thresholds shall be published in the Official Journal of the European Union, but in the Polish public procurement system publication of notices is obligatory also for contracts of value exceeding 14 000 EUR and not exceeding European thresholds. Such notices are placed directly by contracting authorities in the Bulletin of Public Procurement, obligatory by electronic means using the standard forms available on the Portal of the Public Procurement Office. The contract notices are also placed on the contracting authoritys website and in a place accessible to the public in its seat. Since 1 January 2007 the Bulletin of Public Procurement is published only in electronic form and is available free of charge for all interested parties via Portal of the Public Procurement Office, where economic operators may browse contract notices based on various, interesting for them criteria. Moreover, Article 13 of the Act on Public Procurement allows contracting authorities, immediately, following the approval or adoption of a financial plan, to dispatch to the Publications Office of the European Union or post on its own website in a separate section for procurement - called buyers profile, a prior information notice about contracts or framework agreements envisaged for the following 12 months, where the value for works, total for services, total for supplies is equal or exceeds the amounts of EU thresholds.
Under Article 92 par 1of the Act on Public Procurement the contracting authority after selection of the best (most advantageous) tender, informs about this decision the economic operators who submitted tenders, economic operators whose tenders were rejected or excluded from the contract award procedure, stating factual and legal grounds of this decision. This article applies as well to public contracts above as below EU thresholds. Article 27 of the Act on Public Procurement authorizes economic operators and contracting authorities to provide statements, requests, notifications and information by electronic means, if the contracting authority selects this form of dispatching information in the award procedure. Also if the contracting authority agrees, the tender may be submitted in electronic form with a secure electronic signature verifiable using a valid qualified certificate ( article 82of the Act on Public Procurement ) The contracting authority may (and in open tendering procedure it is required to) provide the specification of essential terms of the contract on its own website from the day, on which the contract notice is placed in the Public Procurement Bulletin or published in the Official Journal of European Union. ( article 37 par 2, article 42 par 1of the Act on Public Procurement).
26
Member States
A) E-procurement
e-Procurement is mandatory since 1st November 2009 for the award of all contracts which estimated value is 5.000 EUR or above. For open procedures and restricted or negotiated procedures above 75.000 euros, contracting entities have to publish a contract notice in a official journal. Article 130 of Portuguese Code of Public Contracts imposes the publication of the procedure of each contracting entities electronic platform. SMEs benefit of electronic information services concerning the request for tenders submitted by the tenderers in the electronic system. Procedures that can be carried out by electronic means through the e-Procurement System: request for tenders, the electronic auction as an additional phase to open or restricted procedures the direct purchase by the means of an electronic catalogue, request for tender, open and restricted procedures carried out entirely by electronic means.

Above 75.000, contracting entities are formally compelled to publish their contract notices in national journal, and, therefore, in the public portal (see above). This threshold facilitates the access of SME to open and even some restricted procedures. Contract award notices concerning public contracts below 75.000 euros must be published in a public portal (http://www.base.gov.pt/). The mentioned publication is a requisite of effectiveness of the contract. The publication of all types of notices is mandatory to be published in the Romanian ESPP and in the OJEU (as provided in the Directives) More, the Romanian legislation provides that the publication of all types of notices is mandatory to be published in the ESPP for all contracts with an estimated value above 15.000 euro, this ensures a direct and unrestricted access for all types of economic operators
e) Any other action
2 - PT
Even below the thresholds, pursuant to the different Portuguese public contracts regulations, once the public buyer has rejected a tender or a request to participate, he must inform the unsuccessful tender/candidate of this rejection decision in the public portal for public procurement.
There is a public portal (http://www.base.gov.pt/) where it is possible to have access do information about the legal framework and awarding procedures in a FAQ mode.
The legal obligation of using an electronic platform for all contracting entities in public procurement promotes an easy access to relevant information.
2 - RO
The Romanian PPL provides that the contracting authority has the obligation to inform the candidates/tenderers that have been rejected or those whos tender has not been declared winning, by specifying the reasons for the rejection and the deadline until they can submit a complaint
According to the provisions of art. 16 (1) of Law no. 346/2004 on SME, public administration (central and local) should encourage the increase of the weight of SMEs in the total value of public procurement contracts with the purpose of reaching a level that is comparable to the level of the weight of their contribution to the national GDP
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2 - SE
The Legal, Financial and Administrative Services Agency (Kammarkollegiet) is since January 1, 2009, responsible for the development of electronic procurement. Their task includes developing and implementing an unbroken electronic process of procurement. The Agency also take part in the international work on standardization on public procurement See http://www.upphandlingsstod.se/files/pdf/u ppdrag_upphandlingsstod.pdf bl.a. sid 4
Regarding procurement below the thresholds the Swedish Act of Public Procurement (2007:1091) prescribes that notices should be published in an electronic database with public access. Information on procurements made according to the Law on System of Choice in the Public Sector (2008:962), concerning health care services and social services, are accessible on a website that The Legal, Financial and Administrative Services Agency is responsible of (www.valfrihetswebben.se).
The contracting authorities and entities are required to submit the same information about rejected applicants, bidders and tenders irrespective of the value of the tender or the classification of the service.
The Legal, Financial and Administrative Services Agency (Kammarkollegiet) is since January 1, 2009, responsible for practical guidance to economic operators (the word supplier is used in the Swedish Procurement legislation). Easy accessible information on the public procurement process particularly for SMEs could be found on www.upphandlingsstod.se. The Swedish Agency for Economic and Regional Growth (Tillvxtverket) gives general information on their website aimed especially at SMEs concerning public procurement. The Swedish Competition Authority (Konkurrensverket) gives more advanced information on public procurement legislation.
The Swedish Competition Authority has a special task, including funding, to facilitate the participation of SMEs in public procurements
2 - SK
Regarding the improvement of SMEss conditions/situations in public procurement the Slovak Republic has not adopted any special/separate or obligatory/compulsory measures in public procurement legislation yet. PPN SME Questionnaire 27/10/2010
27
Member States
A) E-procurement
e) Any other action
2 - UK
OGC has produced guidance on the use of e-tendering systems by public sector procurers. From December 2010 the new Public Opportunities Portal will be interlinked with existing regional e-procurement systems where agreement is reached with the relevant contracting authority. OGC has set up a pan-government Centre of Excellence for e-auctions which will work closely with Regional Improvement and Efficiency Partnerships (RIEPs), as well as Buying Solutions and other Professional Buying Organisations, for example ESPO
The Supply2Gov opportunities portal has recently been enhanced to enable the publication of contract award notices for procurements over 20,000 and all government departments have been encouraged to start publishing contract award notices via a Procurement Policy Note (PPN). Procurers will be required to publish contract award notice on the new Public Opportunities Portal for contracts awarded in excess of 20,000 when it is launched in December 2010. This is in addition the requirement for all above threshold notices to be published in OJEU.
A free online course, Winning the Contract, was launched in January 2010 which covers the whole procurement process including completion of administrative procedures. OGC also provides a Supplier Feedback Service which can help explain the administrative process of a public sector OGC has produced guidance on Supplier procurement. The Supplier Feedback Selection that includes a section on Service is a mechanism for suppliers to providing feedback and notification to discuss with OGC the procurement practices of public sector buyers and ensure unsuccessful bidders. that all regulations are being followed correctly. If necessary OGC will then work with the public sector buyer to amend and improve procurement practices. Alternatively OGC will work the the supplier to ensure that they are fully appraised of the procurement rules and administrative procedures.
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3. Improving the quality and understanding of the information provided

Member States 3 - AT
a) Providing training to public buyers
b) Providing training to SME
c) Any other idea
A basic training course in procurement for civil servants has been set up at The economic chambers organise information events on a regular basis to the Federal Training Academy (Verwaltungsakademie des Bundes). Art update businesses. Usually private undertakings play a major role in regional level some Lnder provide the same training. training business (procurement academies). LInstitut de Formation de lAdministration fdrale organise des formations relative aux marchs publics. Des organismes similaires existent au niveau rgional et communautaire. Par exemple, lERAP (Ecole Voir ci-avant. rgionale dadministration publique de la rgion de Bruxelles Capitale). Le secteur priv organise galement de nombreuses formations destination tant des entreprises que des administrations.
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3 - BE
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3 - BG
Regularly, PPA organizes trainings intended for contracting authorities. PPA has a specially equipped training room. Due to the amendments to PPL, in 2009, as a Beneficiary of Operational Programme Administrative Capacity co financed by the European Union by the European Social Fund, PPA carried out several training events aimed for representatives of the Managing Authorities of the Operational Programmes 2007-2013, public purchasers from the central and local administrations. The trainings lasted three days, the average number of trainees from each target group amounted to 50.
As part of the aforementioned project, in 2009, a three day-training was held for SMEs representatives and a roundtable with business representatives. PPA website provides the Recommendations of enterprises section containing opinions, recommendations and comments of branch organizations of candidates and tenderers in public contracts.
One of the main tasks of the PPA is to provide methodological guidelines on the application of the relevant law and subordinate regulations. In 2009, some 300 pieces of methodological guidance were given following written requests. PPA also develops handbooks and practical manuals clarifying the stages of the award procedure, the legal requirements, good practices, sample calculation methods, recommendations. In addition, PPA website provides: Methodological guidelines on frequently asked questions and interesting cases taken from practice; Practical instructions on filling-in the standard notices forms due to be submitted; Minutes of the trilateral meetings of control bodies, under the law, (namely the PPA, NAO and PFIA) containing the conclusions reached on specific cases arisen in the course of practical application of the legal framework; The full text of the decisions taken by the Commission for Protection of Competition (hereinafter CPC, the body reviewing at first instance the decisions, acts or failures to act of contracting authorities in relation to award procedures) and the judgments of the Supreme Administrative Court (review at second instance). PPA maintains the hot telephone line by which experts from both the specialized directorates of the PPA, namely the Methodology, Analysis and Control of the Public Procurement and Register and Monitoring of Public Procurement, provide methodological assistance to all persons involved in public procurement and answer the questions concerning the standard form templates and the software for their use; In very complex cases direct consultations with PPA experts are held.
29
Member States
c) Any other idea
3 - CY
A 2-years framework agreement which is currently running has been concluded by PPD. This training programme is aiming at satisfying the training needs of the various contracting authorities concerning not only the legislative package on public procurement but also the whole cycle of a tender procedure (identifying the needs, carrying market research, drawing up the appropriate technical specifications/selection criteria/terms of reference and in general the tender documents, carrying out the evaluation, award and execution of the contract). The targets of this initiative is to provide guidance to the contracting authorities on how to design an award procedure so that the administrative burden carried by the economic operators will be minimised, all economic operators will compete on equal terms and to end up with a contract that will actually satisfy their needs. A help desk is specifically established for the provision of information on public procurement law and on award
Within the context of the effective implementation of e procurement, a help desk has been set up which provides assistance to the contracting authorities as well as to the economic operators
The website of the Public Procurement Directorate (PPD) of the Treasury of the Republic (www.treasury. gov.cy/ppd) is available both in the Greek and English languages. A Best Practice Guide on Public Procurement which covers most of the above mentioned SME friendly approaches can be found in both languages in the above website. The Guide also includes standard tender documents for supplies, works and services contracts for each procedure separately. The e procurement system can be found at the website www.eprocurement .gov.cy and is also available in the Greek and English languages
3 - DE
The Procurement Consulting Centres of the Chamber of Trade and Commerce offer seminars and workshops to provide training to public buyers and to SME. Public Procurement Advisory Unit provides actively various type of training to persons involved in public procurement: http://www.kunnat.net/k_peruslistasivu.asp? path=1;161;122591;122593;122596 Also Suomen Yrittjt, which is an organisation for enterprisers, provides training in a regular basis for the companies concerning small business and public procurement: http://www.yrittajat.fi/ Public Procurement Advisory Unit has also prepared non-binding guidelines to small acquisition (available only in Finnish). Please find guidelines: http://www.kunnat.net/binary.asp?path=1;161;120419;120423;120801 ;121790&field=FileAttachment&version=2
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3 - FI
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30
Member States

France has developed an Internet website to provide information to SMEs: http://pme.service-public.fr/. It provides information about how to apply for legal forms, relevant certificates to provide while applying for a public procurement contract, links to obtain them by electronic means, etc. Several economic operators also provide such courses. These courses enable companies to better understand the procedures and to be used to the various documents usually provided in public procurement award procedure. See previous answer. The Public Procurement Council in cooperation with the Hungarian Investment and Trade Development Agency (abbreviated to ITD Hungary) organizes trainings two times a year especially for SMEs. Furthermore the Public Procurement Council jointly with the Hungarian Chamber of Commerce and Industry is currently organizing training especially for SMEs.
c) Any other idea
3 - FR
The Ministry of Economy, Industry and Employment provides professional training to persons involved in public procurement (http://www.institut.minefi.gouv.fr/). These training sessions are addressed to any interested civil servant. Several economic operators also provide such professional training. They insist on the specificities of SMEs and on the importance of taking into account theirs particularities. According to 379 (2) n) of the PPA the Public Procurement Council has to supervise, coordinate and facilitate the training and further training of persons participating in the contract award procedure and it has to participate in setting up the condition system regarding the obligatory training of the official public procurement consultants. Trainings are largely held by actors in the private sector. Nevertheless various chambers and the Public Procurement Council organize trainings as well. For certain requirements, contracting authorities may need access to technical knowledge to research the market for solutions, draw up specifications and evaluate proposals. It is important that contracting authorities consult with the market before tendering as it enables them to understand and identify new developments taking place in the marketplace and what types of companies, including new SMEs, can provide solutions. This requires a strategic and professional approach to the public procurement function. An NPPPU sponsored Masters Diploma course at Dublin City University and other part-time diploma courses offer public purchasers the opportunity to obtain the necessary professional expertise. Contracting authorities are encouraged to consult Enterprise Ireland which can arrange for technical advisors to provide advice and market information to help a contracting authority identify types of products or services available from the SME community. In order to provide branch State administrations with a continuous and qualified assistance on the use of the electronic market (MEPA), the Ministry of Economy and Finance set up, with the collaboration of Consip, specific offices, so called Sportelli - eProc, located in each regional administrative centre, carrying out the following tasks: spreading the advantages connected to the electronic market; improving the efficiency of the public administration; facilitating the contact between SMEs and public administration at local level. Such offices represent a place where public and private operators can share their respective experiences on eProcurement and, as a consequence, a concrete and effective instrument aimed to promote the cultural change of public buyers as indicated by the European Code. Ten offices are active and the overture of other eight offices before the end of the first semester of 2010 is planned. Moreover, in the framework of the public contracts office of the Ministry of Infrastructure and Transports, a specific service, called juridical support, is active. In such an office, a board is competent to approve all advices granted to contracting authorities.
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3 - HU
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3 - IE
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3 - IT
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31
Member States

Public Procurement Office (PPO) provides constant trainings and consultations for contracting authorities on public procurement matters. These trainings are free of charge. Special attention is given to the training and consultations related to e-procurement. There are also some economic operators that provide such trainings. Furthermore, PPO provides a special methodical assistance for mentioned economic operators. The answers to frequently asked questions are available in the website of the PPO. The PPO has also prepared and published on its website the standard contract documents, recommendations and guidelines. Using those documents contracting authorities/entities may ensure the non discriminatory, proportional requirements and prepare the contract documents following EU directives and Lithuanian Law on Public procurement.
c) Any other idea
3 - LT
It is foreseen in Strategy of Lithuanian Public Procurement System Development and Growth during 2009-2013 to provide trainings for SMEs. The execution of these training is delegated to the Ministry of Economy, municipalities and Public Procurement Office. Constantly PPO carries out trainings for SMEs as well as it does for other suppliers.
The issue of SMEs access to public procurement is constantly under consideration in Lithuania. The Ministry of Economy and the Public Procurement Office analyze periodically participation of SMEs in public procurement. The results of analysis show that SMEs constitute the majority among the tenderers in public procurement. For instance, the contracts awarded to SMEs in 2008 amounted to 70 percents of total number of contracts awarded.
Public Procurement Commission. This document briefly an comprehensively describes the essential requirements of public procurement rules.
PPO has prepared the memo for the member of the
3 - LU
Provided by the Ministry for Sustainable Development and Infrastructures Provided by the Chambre des Mtiers and by the Ministry for the Civil Service and Administrative Reform The Department of Contracts, once or twice a year organises, with the help of the Staff Development Organisation of the Office of the Prime Minister, training on public procurement. Six half day sessions tackle the following subjects: Local and EU public procurement law, Specifications and Terms Information sessions have recently been organised by the Department of of Reference, Evaluation and the Appeal Process, Works Tenders, Supplies Contracts for companies on administrative procedures. Tenders and Service tenders and the use of the Templates. The sessions also use practical examples and trainees are given exercises to do so as to acquire hands on experience. Other half day sessions are organised on below threshold tenders as the need arises during the course of the year. In 2005 the governmental agent PIANOo under the ministry of Economic Affairs has been established with the special purpose of helping contracting authorities professionalise their public procurement process. PIANOo executes these tasks through a forum website only accessible for purchasers (www.pianodesk.info (see page 1)) and a number of other measures, for example: contracting authorities can contact PIANOo for information, advise and tips; PIANOo organises lunch meetings to discuss new development in the area of public procurement; PIANOo organises regional meetings for contracting authorities and other interested people in which they cover recent development in the area of purchasing and tendering; PIANOo organises a big seminar once a year to exchange information and offer an opportunity for contracting authorities to meet each other; PIANOo organises market-meetings where purchasers meet up with economic operators to learn from each other and SMEs are able to inform purchasers about the best way to approach their branch in case of a public contract. Also the NEVI (Dutch Association for Purchasing management) is a nationally operating network by and for professional purchasers. NEVI has several networks around different themes, organises seminars and offers professional training and education. PPN SME Questionnaire 27/10/2010
The Ministry for Sustainable Development and Infrastructures provides training for architects ant engineers
3 - MT
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3 - NL
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32
Member States

In Poland most of the trainings for SMEs is provided by the Polish Agency for Enterprise Development (PARP). The National SME Services Network (KSU) exists within structure of PARP. It is a network of approximately 200 non-commercial organisations cooperating with each other, which provide advisory, information, training and financial services for micro, small and medium-sized entrepreneurs. In 2007-2013 the Polish Agency for Enterprise Development implements two measures within the Operational Programme Human Capital, which support trainings for companies employees and entrepreneurs through the ESF funds. Furthermore the PARP provides free information services for entrepreneurs and persons planning to start business activity in the scope of widely understood enterprise development and available forms of support for entrepreneurs through the Consultation Centres maintained by entities registered in the National SME Services Network. In 2009 the Public Procurement Office organised conference and seminars addressed to entrepreneurs involved in the procurement market. The conference was devoted mainly to provisions of the Act on Public Procurement facilitating application for public contracts. The seminars focused on themes of electronic auctions and electronic biddings. The Public Procurement Office has also taken steps to set up partnership with the Polish Agency for Enterprise Development in order to implement the project ,, A new approach to public procurement - training and advice which will be implemented under the Operational Programme Human Capital Action 2.1.3 ,,Support System to enhance the adaptability of workers and enterprises . The project activities will focus on actions recommended in document The new approach to public procurement. Public Procurement and Small and Medium Enterprises, Innovation and Sustainable Development.
c) Any other idea
3 - PL
In order to promote good practices concerning participation of SMEs in public procurement procedures the European Code of Good Practices facilitating access by SMEs to public procurement contracts has been published on the PPOs website (www.uzp.gov.pl). The PPOs publications connected with public procurement are available on the PPOs website and are also distributed among contracting authorities participating in trainings organized by the Public Procurement Office.
33
Member States

There are many training programmes and initiatives taking place and designed to reach public buyers. Among many others, a specific emphasis has to be given to the Road show organised by NAPP in 2009 and 2010 and the courses provided by the National Institute of Administration (INA). As far as information and training of both public buyers and SME staff ara concerned, the following should be noted: NAPP practice: An Helpdesk is available, free of charge, in connection with the electronic tendering facility For each tender, several training & information workshops on the electronic tendering facility are organized by NAPP so that interested economic operators can better understand the technical requirements and specifications of the electronic bidding process NAPP planned enhancements: Partnerships with SME representative trade associations is envisaged in order to better reach this target audience Training & Communication actions tailored to address SMEs will continue to take place during 2010 and 2011: topics like How to draw up a proposal; Meeting the selection criteria; Legal basics of public procurement; Taking advantage of e-procurement; Dos & Donts of public procurement; case studies and simulations will be addressed.
c) Any other idea
3 - PT
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3 - RO
Romanian law concerning SMEs no. 346/2004 provides that SMEs can benefit of technical assistance in order to facilitate their access to training NARMPP organizes training seminars and courses regarding public in the Public Procurement field. procurement field. Also NARMPP delegates lecturers to conferences and The Romanian Agency for Implementing Projects and Programs for SME seminars atended also by representatives from the SME sector (Ministery of Economy) facilitates SMEs access to public procurement by organizing training seminaries and public procurement conferences.
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3 - SE 3 - SK
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Regarding the improvement of SMEss conditions/situations in public procurement the Slovak Republic has not adopted any special/separate or obligatory/compulsory measures in public procurement legislation yet. The first of a planned 9 regional training events for public buyers was held in November 2009 covering the procurement lifecycle advertising, the flagging of contract opportunities as being of likely interest to SMEs or consortia, Pre Qualification Questionnaires (PQQ) and opening up supply chains. OGC is working with the Chartered Institute of Purchasing and Supply (CIPS) to revise professional qualifications for procurement to include SME friendly practices. OGC is linking with training providers to build training on SME friendly procurement practices into existing training courses.
3 - UK
The first of a planned 9 regional events for SMEs was held in November 2009 covering an introduction to procurement and how to tender. A free online course for business, Wining the Contract, was launched in January 2010. Selling to the Public Sector a business support product - is to be rolled out to business via the Regional development Agencies (RDAs)
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4. Proportionality regarding the required qualifications and financial resources

Member States 4 - AT b) Rules regarding qualification and financial resources of the applicants
No specific rules. Principle of proportionality applies.
a) Rules regarding evaluation of groups of tenderers

No specific rules.
c) Any other idea ___
4 - BE
Les articles 16, 42 et 68 de larrt royal du 8 janvier 1996 prvoient que Les articles 18, 19, 44, 45, 70 et 71 de larrt royal du 8 janvier 1996 l'tendue des informations demandes ainsi que les niveaux minimaux de prvoient notamment quun groupement peut faire valoir les capacits des capacit exigs pour un march dtermin doivent tre lis et participants au groupement ou celles dautres entits. proportionns l'objet du march. Mme rgime dans les secteurs spciaux. If the contracting authority sets selection criteria, comprising minimum requirements on economic or financial standing of the candidate and tenderer, Article 25 (6) PPL requires the contracting authority to indicate these requirements in the contract award notice and point out also the documents proving them. PPL forbids contracting authorities to include in the decision, the notice or tender documentation conditions or requirements that favor or groundlessly restrict participation in the award procedure (Article 25 (5) PPL). Similarly, a legal text is there, pursuant to which the requirements concerning selection criteria, information and the respective proving documents enumerated in the notice, should conform and comply with the complexity and volume of the public contract (Article 25 (6) PPL).
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4 - BG
See above.
In relation to the aforementioned provisions, PPA may appeal before CPC the decisions taken by contracting authorities to approve contract award notice, if PPA received a claiming that the notice contains conditions or requirements that favor or groundlessly restrict participation in the award procedure (Article 19 (2), item 3 PPL).
4 - CY
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As already mentioned above, the option of forming a grouping of tenders and referring to another grouping members personal and technical capacity is possible. In order to evaluate the bid, the grouping member is required to proof that it is able to carry out the task and that it has access to the other grouping members services if needed. This burden of proof can be complied with a declaration of self-commitment by the other grouping member. Any proof, however, has to refer to the task and to the undertaking by specifying personnel and technical resources according to the demands set by the specifications.
Guidance is given on the parameters that a contracting authority should have in mind when setting the selection/award criteria for a contract through the Best Practice Guide on Public Procurement which is available in our website. The principle of proportionality, which is to ensure that SMEs are not faced with unreasonably requirements regarding their economic, financial or technical capacities, is implemented throughout German procurement law. This principle has to be followed especially with regards to large-scale and complex projects. The awarding authority may raise the demands with increasing complexity, however, the awarding authority is only allowed to demand the qualifications and financial resources which are necessary for the project.
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4 - DE
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4 - FI
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35
Member States

Article 45 of Public Procurement Contracts Code provides that definition of minimum level of capacity is not an obligation for the contracting authority. But sometimes SMEs have not the financial and technical capacity to tender. Therefore, enterprises have the possibility to set up groupings. Groupings members put forward each ones economic, financial and technical capacities as a whole. Article 52 of the public procurement contracts code provides that the evaluation of a grouping capacity is global. It is not demanded that each member of the grouping disposes of all the capacities required by the performance of the contract. Moreover, a procuring authority should not reject a candidate without prior evaluation of its global capacity.
b) Rules regarding qualification and financial resources of the applicants

Article 45 of Public Procurement Contracts Code provides that definition of minimum level of capacity is not an obligation for the contracting authority. But sometimes SMEs have not the financial and technical capacity to tender. Therefore, enterprises have the possibility to set up groupings. Groupings members put forward each ones economic, financial and technical capacities as a whole. Article 52 of the public procurement contracts code provides that the evaluation of a grouping capacity is global. It is not demanded that each member of the grouping disposes of all the capacities required by the performance of the contract. Moreover, a procuring authority should not reject a candidate without prior evaluation of its global capacity. The PPA prescribes the principle of proportionality with regard to the subject-matter and the estimated value of the contract. According to Article 69 (3) of the PPA the contracting authority has to confine the extent of the information and facts required for qualifications and financial resources to the subject-matter of the contract. Furthermore, in respect of the requirements whose fulfilment, non-fulfilment or specific degree of deficiency would cause the contracting authority to qualify the tenderer as unsuitable for the performance of the contract, only requirements also depending on the estimated contract value actually necessary for the performance of the contract may be prescribed. Under public procurement rules, prequalification criteria must be proportionate and relevant to the needs of the contract. Contracting authorities must be careful to avoid setting unnecessarily high requirements in pre-qualifying tenderers for public contracts. Contracting authorities should not be rigid in the type of proof of financial capacity it accepts from potential tenderers. The means of proof listed above are not exhaustive. There can be genuine reasons why a company has difficulty providing a particular type of evidence requested. Therefore, authorities should be flexible and consider alternative means of satisfying themselves on whether or not there is a genuine financial risk should the company turn out to be a winning tenderer. Procurement rules explicitly promote this approach, for example, by providing for acceptance of guarantees or undertaking by a parent company or other third party.
c) Any other idea
4 - FR
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4 - HU
See above (Grouping of tenders).
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4 - IE
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4 - IT 4 - LT
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PPO has prepared recommendations for verification of qualification of economic operators which, among the other issues, suggest how to evaluate qualification of the group of tenderers who have submitted the conjoint tender. The Chambre des Mtiers has published tables with recommended required financial and human resources with regard to the amount of the contract, this in order that the public buyers dont insert in the documents exaggerated indications
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The recommendations for verification of qualification of economic operators help to ensure that the contracting authorities will set proportionate qualification levels and financial requirements and provide more possibilities to participate for SMEs in contract award procedures.
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4 - LU
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36
Member States

The following clauses are included in the Templates: Tenders submitted by companies forming a joint venture/consortium must also fulfil the following requirements: One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the individual partners. The tender must include a preliminary agreement or letter of intent stating that all partners assume joint and several liability for the execution of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, all partners, individually and collectively. All partners in the joint venture/consortium are bound to remain in the joint venture/consortium until the conclusion of the contracting procedure. The consortium/joint venture winning this contract must include the same partners for the whole performance period of the contract other than as may be permitted or required by law.
c) Any other idea
4 - MT
The Department of Contracts checks all tenders to verify the minimum financial and technical selection criteria to make sure that they are proportional to the volume of the contract. Also the following clauses are included in the Templates: An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect. Under the same conditions, a group of economic operators as referred to in Regulation 32 of the Public Procurement Regulations may rely on the capabilities of participants in the group or of other entities
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4 - NL
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The new procurement law proposal contains the principle of proportionality, which restricts contracting authorities to only ask criteria that are reasonably in proportion with the content of the tender. Contracting authorities cannot set criteria which are disproportionate and cannot set too many criteria. Goal is to help SMEs get better access to public contacts. For contracting authorities a guide is being made about how to set up proportional criteria within the specifications (guide proportionality), which will give guidelines on how proportionality works out in practice.
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4 - PL
The rules regarding evaluation of groups of economic operators in the Proportionality regarding the required qualifications and financial public procurement procedure were described in point ,, Grouping of resources. tenderers and point Any other action Potential of other entities
4 - PT
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The Code of Public Contracts does not impose the setting and verification of a minimum level of technical and financial capacity. Therefore, contracting entities may opt for not defining minimum requirements in that respect.
4 - RO
Romanian law concerning SMEs no. 346/2004 provides that the financial guarantees for the participation in public procurement procedures as well as those against the failure of tenderers to fulfill the contract obligations are reduced by 50% in the case of SMEs. There is an additional provision The requirements as regards economical and financial standing or technical that specifies that in case of minimum requirements linked to the level of and professional ability are to be fulfilled by the whole group and not turnovers SMEs benefit also in this case from the before mentioned necessary by each member. reduction. Also the applicant has the right to submit a declaration on oath, confirming that he meets the qualification requirements as required in the tender documentation. PPN SME Questionnaire 27/10/2010
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37
Member States

The Swedish government has proposed that the procurement legislation concerning procurement below thresholds and B-services shall include a provision similar to Articles 47.2-3 and 48.3-4 of Directive 2004/18/EC. The provision says that a supplier may, where appropriate and for a particular contract, rely on the economic, technical and professional abilities of other undertakings. The provision is intended to enter into force on 15 July 2010.
c) Any other idea
4 - SE
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According to regulation 1998:796 it is compulsory for all central state authorities to facilitate SMEs possibilities to participate in public procurements.
4 - SK
Regarding the improvement of SMEss conditions/situations in public procurement the Slovak Republic has not adopted any special/separate or obligatory/compulsory measures in public procurement legislation yet. OGC and the Office of the Third Sector (OTS) are considering producing guidance on consortia or partnership formation for public procurement this will include information on how public sector buyers should evaluate consortia bids. Any guidance developed will be published in 2010/11 OGC has produced a standardised Pre Qualification Questionnaire and associated guidance that outlines best practice in requesting financial and business information that is in proportion to the contract being tendered and accept equivalent standards, qualifications and experience. Early feedback from central government departments shows a good takeup of the new guidance.
4 - UK
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5. Reducing red tape and administrative burden

Member States a) Simplification of the rules regarding the administrative certifications b) Simplification of the rules regarding the submit of tenders c) Simplification of the applicable legislation d) Simplification of the access to tender documentation
e) Other
5 - AT
The recent amendment of the federal Procurement Law (entered into force 5.3.2010) changed the certification system fundamentally. As recommended by the Stoiber group (see its opinion from 10.12.2008) basically only the winning bidder has to provide all documents as required by the contracting authority in the contracting documents. Below certain Tenders can be submitted electronically. thresholds it is possible that not even the winning bidder (if she/he is known to the CA and the CA has no reasons to belief that the required reliability and capability is not guaranteed) will be asked to provide the documents. Furthermore the use of electronic databases for certificates (like the ANK see http://www.ankoe.at/) is supported and encouraged. Le pouvoir adjudicateur qui a accs gratuitement par des moyens lectroniques des renseignements ou des documents lui permettant, dans les limites des articles relatifs la slection, de vrifier la situation personnelle et la capacit de candidats ou de soumissionnaires, dispense ces derniers de la communication desdits renseignements ou de la prsentation desdits documents. Le pouvoir adjudicateur mentionne les renseignements ou documents quil va rclamer par voie lectronique dans l'avis de march ou, le cas chant, dans le cahier spcial des charges. Voir ci-avant. Il procde lui-mme la demande de ces renseignements ou documents et en consigne les rsultats dans les documents du march (rgime tabli par les articles 20, 4, 46, 4, et 72, 5, de larrt royal du 8 janvier 1996). Un rgime comparable est prvu dans les secteurs spciaux. Voyez le site de lAgence pour la simplification administrative : www.simplification.fgov.be Par ailleurs, au niveau fdral, depuis le 1er mai 2007 les soumissionnaires un march public ne doivent plus fournir de documents PPN SME Questionnaire 27/10/2010
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Usually publication notices contain a link to a website where tender documentation is available. Since March 2010 the federal Procurement Law obliges CA to put tender documents online.
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5 - BE
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Il est possible de rendre les documents du march accessibles par des moyens lectroniques selon les indications figurant dans lavis de march.
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39
Member States
a) Simplification of the rules regarding the administrative certifications

ou attestations relatifs des causes dexclusion. Le pouvoir adjudicateur doit stipuler dans lavis de march ou le cahier des charges que le candidat/soumissionnaire, par le seul fait qu'il remet une demande de participation ou une offre, dclare sur l'honneur, de manire implicite, qu'il remplit les conditions exiges. Le pouvoir adjudicateur contrle la dclaration sur l'honneur du seul soumissionnaire class premier. Seul celui doit, en fin de procdure, fournir les documents et attestations ncessaires. Le pouvoir adjudicateur cependant aura soin de chercher les obtenir auparavant dans les banques de donnes disponibles par voie lectronique. S'il s'avre que la dclaration sur l'honneur ne correspond pas la ralit, le soumissionnaire peut tre exclu du march. Dans ce cas, le pouvoir adjudicateur constitue un nouveau classement ou confie le march, aprs vrification de la dclaration sur l'honneur, au soumissionnaire class deuxime. Voyez la Circulaire du 23 avril 2007 Marchs publics. Simplification administrative. Dclaration sur lhonneur implicite relative la situation personnelle dans le cadre de la slection qualitative (M.B. 27-04-2007).
b) Simplification of the rules regarding the submit of tenders
c) Simplification of the applicable legislation
d) Simplification of the access to tender documentation
e) Other
40
Member States
e) Other
5 - BG
Contracting authorities to which Article 23 (4) of Commercial Register Law applies (such as court, state bodies, local authorities and persons to whom the exercising of public function is assigned) may not require proving of circumstances entered into the Commercial Register and submission of acts announced in the Commercial Register, if the Unique Identification Code is mentioned (Article 47 (10) PPL).
As mentioned above, tenders may be submitted in accordance with the Electronic Document and Electronic Signature Law. Pursuant to Bulgarian public procurement law, when submitting their tenders candidates/tenderers in the award procedure are required to certify lack of circumstances stipulated in the law. Prior to conclusion of the public contract, the winning tenderer should submit the respective documents proving the lack of circumstances stipulated in the law.
The mandatory publication of due information into State Gazette (paid access) for awards under the OASPC regime was dropped. In conformity with the principles of openness and transparency, the mandatory publication into the PPR which is free of charge, has been kept.
Each interested person may obtain tender documentation at the address mentioned by the contracting authority in the contract notice. The contracting authority may provide free and unrestricted access to the tender documentation by a particular internet link mentioned in the contract notice. Interested persons may view the documentation on site, before they buy it. The option to electronically provide tender documentation has also been implemented. Exchange of information is carried out and visualized through the Public Procurement Portal. PPA provides this opportunity even in cases when the contracting authorities are not obliged to carry-out award procedure, then the Public Procurement Portal allows them to publish the so-called short announcements in order to collect at least three offers.
According to the amendments to PPL, in force as of 1 Jannuary 2009, the price of tender documentation may not exceed the real costs for its copying.
5 - CY
The various certificates for the Personal Situation of the candidate or the tenderer are requested to be submitted only by the successful tenderer or candidates. At the stage of submission of tenders or of the request to participate in a restricted procedure, a self binding declaration Tenders / Requests to Participate can be certifying the tenderers/candidates submitted electronically through the epersonal situation is requested. A template procurement system of such declaration is included in the standardised tender documents. As already mentioned above, the establishment of a central repository of certificates is under examination
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Standardised tender documents have been prepared so that on the one hand procurers The tender dossier of a specific competition will be enhanced in preparing the tender as well as any other information concerning dossier and on the other the economic the procedure to be followed can be found operators, being familiar with the tender on the e-procurement platform documents through time, will be saving time and money in preparing their proposals
41
Member States

The rules regarding public procurement are included in several major bodies of law: 1.) The Act Against Restraints of Competition (GWB) which mainly includes basic principles as well as remedy regulations 2.) The Regulation on the Award of Contracts (VgV) is based on 97 (6), 127 GWB. It includes the EC thresholds and refers to the procurement regulations 3.) The three public procurement contracting codes are: a) The Procurement Regulation for Public Works (VOB), which in Part A includes general provisions on procurement and in Part B the general conditions which become the terms of the contract b) Part A is divided into two sections. Section 1 applies to procurement procedures below the EC threshold, Section 2 applies to procedures above the threshold c) The Procurement Regulation for Public Supplies and Services (VOL) d) The Procurement Regulation for Professional Services (VOF) 4.) The Regulation on Sectoral Procurement (SektVO) coordinates the procurement procedures of entities operating in these sectors: water, energy and transport The rules regarding public procurement have been subject to various modifications in order to simplify the legal framework: The 2009 dating Law to Modernise the Public Procurement Law has changed large parts of the Act Against Restraints of Competition and the Regulation on the Award of Contracts adjusting the German legal situation according to the requirements set up by the Directives 2004/18/EC and the Public Procurement Remedies Directive (2007/66/EC) In 2009, the Procurement Regulations for Public Works and Public Supplies and Services were reformed as well: - The Regulations were shortened. While they formerly consisted of four sections in
e) Other
5 - DE
A simplification has taken place in the prequalification of bidders for construction applications. Pursuant to the Procurement Regulation for Public work the enrolment in the list of prequalification, which is kept up by the Society for the Prequalification of Construction Companies (Verein fr die Prqualifikation von Bauunternehmern e.V.), is a valid proof for necessary qualifications below and above the EC threshold. Businesses can get their prequalification at the beginning of every year and are enrolled in the list of prequalification once the assessment has been completed successfully. The list is available on www.pq-verein.de. There is no identical prequalification system implemented in the Procurement Regulation for Public Supplies and Services. However, awarding authorities can choose to permit proofs of qualifications which have been issued in a prequalification system below and above the EC thresholds. Another simplification of the rules regarding the administrative certifications is the possibility to submit self-certifications. In the field of public supplies and services regardless of the EC threshold the awarding authorities generally have to ask for selfcertifications. Any need for further proof which goes beyond the self-certification has to be justified. For public works the self-certification is not the principal proof but also optional. Below and above the EC threshold the awarding authority can decide that a self-certification is a sufficient proof (instead of a prequalification certificate or itemizations).
For Public Supplies and Services the following measures of the Procurement Regulation simplify the submit of tenders and lead to increasing transparency: national tenders have to be available on www.bund.de - in order to curb the awarding authoritys demands towards the applicants to proof their suitability, the requirements for the demand of a such a proof have been tightened. The claim for any declaration that goes beyond a selfcertification needs to be justified separately (see above) - the possibility of a dynamic purchasing system has been established - a division into lots also takes place when it comes to contracts below the EC thresholds Similar measures have been implemented in the Procurement Regulation for Public Works:
Access to tender information is facilitated since, as mentioned above, national tenders are clustered on www.bund.de and for the procurement of public supplies and services electronic dynamic purchasing systems can be institutionalized.
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awarding authorities have the possibility to publish their tenders on www.bund.de - as mentioned above, self-certification may be used as a proof of suitability - a division into lots also takes place when it comes to contracts below the EC thresholds - in order to foster selective tendering and single tender actions new thresholds have been established; below the thresholds these procedures can be conducted without any further requirements
42
Member States

Part A, there are two sections now. - The rules of former sections 3 and 4 were implemented in the Act Against Restraints on Competition and in the Regulation of Sectoral Procurement. - The former distinction between basicParagraphs (Section 1, applicable below the EC threshold) and a-Paragraphs (Section 2, in addition with the basic-Paragraphs applicable above the EC threshold) was annihilated in the Regulation for Public Supplies and Services. It now consists of two independent sections: Section 1 for procurement below the EC threshold and Section 2 for procurement above the EC threshold. - This simplification is not yet implemented in the Procurement Regulation for Public Works but shall be in the future. - The structures of the Procurement Regulations were changed. The Regulations were shortened and their structures were adjusted to the usual German law structure (Paragraph, Clause, No., Lit.).
e) Other
43
Member States

Act on public contracts (Finnish Statute Series No 348/2007) regulates the award of contracts above and below the EU thresholds. Act on public contracts by contracting authorities in the water, energy, transport and postal services sectors (Finnish Statute Series No 349/2007) regulates the award of contracts above the EU thresholds. Government decree (614/2007) specifies publication requirements above and below EC thresholds. Regulation covers public and the utilities sector. Provisions concerning procurement above and under EU threshold are basically the same. However, flexible use of certain procedures and transparency requirements are available both to contracts above national thresholds and those can be used also under it. Previously mentioned procedures and requirements include that contracts does not need to be advertised in TED and there is no exact minimum time limit for tenders (time limit must be reasonable). Contracting authorities may use negotiated procedures in public supply and service contracts the estimated aggregated value of which is less than EUR 50,000, and in public works contracts the estimated aggregated value of which is less than EUR 500,000.
e) Other
5 - FI
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44
Member States

The Ministry of Economy, Industry and Employment provides online standards forms to be used as administrative certifications. The form "DC7 - Annual received certificates" is intended, throughout the year, to be attached to the application in proceedings for the award of a delegation of public service or delivered to the purchaser by the candidate before being permanently appointed as contractor, if a procedure for awarding a public contract. It replaces the various tax and social certificates that candidates should produce. The official certifications are nowadays required to be provided only by the successful bidder. The applicants are only required to provide declaration on oath that they do not fall within one of the cases justifying their exclusion from public procurement. The official certifications issued by administrative bodies are never required to be provided in their original form. The economic operators are allowed to provide only copies of them. Moreover, French Government encourages dematerialization. Undertakings can now get their tax statements online from the Website of Ministry of Budget, Public accounts, Civil service and State reform. The ministry has developed a paperless process allowing companies to obtain their tax certificates required under the procurement procedure. This new service is available to companies subject to corporation tax and VAT registration. The certificates are issued in real time in PDF format. They can be saved and edited as many times as necessary during the year. To enjoy this service, a company must register from subscriber www.impot.gouv.fr Internet site and join the service Check my tax account. Such certificates issued directly online are accepted by any department and administration requesting the production of a tax certificates, and in particular by any procuring authority or entity through the award of public contracts.
e) Other
5 - FR
SMEs often do not have any legal service able to understand and use complex procedures. For simplification and acceleration of procedures, the committee for tenders has been waived for public contracts and framework agreements of the State, its public institutions and public health. For local authorities, the committee bidding is no longer mandatory for works contracts below 5.15 million. From now on, the formalized procedure, that is to say the procedure precisely prescribed by laws and regulation, applies only above GPA thresholds. Below the thresholds, contracting authorities are only compelled to abide by the general principles of equal treatment, free access and transparency, but are not bound by specific procedures. A guide of enforcement is currently written to help contracting authorities to use this appropriated procedures. Superfluous procedures, like the twoenvelop procedures (one containing the documentation and information about the bidders identification and all the mandatory statements and certificates relating to the legal ability to bid for a public contract, the other exclusively containing the contractual documentation and the offer), have been suppressed. Twoenvelop regulation provided that contracting authorities were to examine capacities before analyzing the offer. But SMEs were used to making mistakes, this being excluded from the procurement procedure. This two-envelop procedure has been suppressed by a decree in December 2008.
The rules regarding public procurement are provided by four major bodies of law: The Public Procurement Contracts Code provides the procedure for procurement of the State's public bodies other than those with industrial and commercial nature, local authorities and their public institutions. It is supplemented by the Ordinance of June 6th, 2005 which determines the procedures for other contracting authorities and contracting entities within the meaning of Directives 2004/17/EC and 2004/18/EC. The law of July 12th, 1985 raises the principles of coordination between project ownership and supervision for works contracts. The law of December 31st, 1975, which deals with outsourcing in general, contains several provisions specific to public procurement. The Ordinance of July 15th, 2009 provides the procedures for public works concessions. All the procuring authorities and entities are subject to the application of the Public Procurement Contracts Code and/or the Ordinance of June 6th, 2005. Even if there are still some differences between the rules regarding the State and its public bodies and those regarding local authorities, they are minor and justified by the specificities of this public buyers.
The Cahiers des clauses administratives gnrales (CCAG) have been modernized after an open consultation implying any involved professionals and undertakings interested in public procurement. These documents, which use is not compulsory, provide general administrative terms and conditions (General contract France encourages the use of E- clause GCC). Any procuring authority or entity is allowed to freely decide to refer to procurement as it has been explained. Moreover, the tender documentations a CCAG (GCC) or not. Referring to this (specifications, etc.) are usually available type of document as being a contractual document, the procuring authority or entity free of charges. should either decide to apply them in full version (except where there is options of course), to complete or to adapt them, including by amending its clauses or by providing exemptions to its clauses, according to the concerned requirements specificities. Where the procuring entity or authority decides not to refer to a CCAG (GCC), it is to include any relevant clause in the contract itself regarding the performance of the contract.
45
Member States

According to Articles 12 and 13 of the PPA approved tenderers are entitled to submit in the course of the contract award procedure a certificate of registration issued by the Public Procurement Council. This certificate has to state a reference to compliance with the criteria for approval and the classification given in that list. Contracting authorities have to accept the certificate of registration in their contract award procedures, if contracting authorities do not demand stricter criteria. Contracting authorities have to make specific reference to the above mentioned requirement in the contract notice From April 2009 the PPA gives the opportunity to declare (instead of proving) the non-existence of grounds for exclusion in the course of the public procurement procedure. According to Article 63 (3) of the PPA the tenderer to whom the contract has been awarded, also its subcontractor intended to be employed for more than 10% of the value of the public procurement and the organisation providing resources therefore have to attach, if they have not done so in the tender, the certificates proving that grounds for exclusion do not exist, within eight days following the announcement of results. This possibility is given only with regard to grounds for exclusion. Simplification of tax compliance demonstrations: Most applications for Tax Clearance Certificates can now be made online. To reduce administrative burdens (on contracting authorities and tenderers), use of this online facility is encouraged. It can be accessed at www.revenue.ie under What can I do online, Tax Clearance. Contracting authorities can verify online the tax-cleared status of applications for tenders, which eliminates the need for submission of a hard copy of a Tax Clearance Certificates.
e) Other
5 - HU
From April 2009 there are two legal regimes which govern public procurements (instead of three regimes which were in place before the mentioned date): firstly public procurements above community thresholds are governed by the rules of the community regime, secondly public According to Article 70 (1) of the PPA the procurements below community thresholds contracting authority has to prescribe the and above national thresholds are governed requirements regarding the form only to the by a national regime which is called the extent required for submitting tenders. simple procedure. The procedure is shorter and simpler, and there are only 3 kinds of subprocedures in it which are the followings: the advertised procedure without negotiation, the advertised procedure with negotiation and the negotiated procedure without publication of a contract notice.
The President of the Public Procurement Council issued a guidance in 2010 encouraging the contracting authorities not to charge fee for the purchase of the tender documentation or at least to provide prior insight into the tender documentation in advance (before the tenderer purchases it).
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5 - IE
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46
Member States

Article 38 of the Italian Code on Public Contracts authorizes tenderers to demonstrate requirements by a substitutive declaration, submitted according to Republic Presidential Decree 28 December 2000 n. 445. Moreover, an important simplification of the rules regarding the administrative certification has been introduced by Law 28 January 2009 n. 2. According to article 16bis paragraph 10 of such a Law, contracting authorities have to acquire directly, by the competent administration, the document proving social security contributions payment by operators (so-called, DURC). As a consequence, contracting authorities are no more authorized to request such a document to tenderers.
e) Other
5 - IT
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5 - LT
With the purpose to facilitate the participation of economic operators in public procurement procedures Lithuania constantly seeks to reduce administrative burden. For example, the issuing of certificates for the suppliers has been simplified since September 2008. The supplier may submit the integrated certificate issued by the Centre of Registers. The integrated certificate approves the joint data administered by different competent institutions (the State Social Insurance Fund Board, the State Tax Inspectorate, the Department of Informatics and Communications) and shows the suppliers The tenders may be submitted electronically personal situation regarding the payment of through the CPPIS. social insurance contribution, the payment of taxes and valid convictions. It allows the suppliers provide one joint certificate instead of four different certificates. The Centre of Registers issues approximately 400 integrated forms per month. It is quite a solid amount in comparison with the fact that approximately 6000 companies participate in public procurement each year. Furthermore, the possibility for contracting authorities to require the certificates only from the successful bidder is determined in the recent amendment to the Lithuanian Law on Public Procurement. Project for e-Tendering. PPN SME Questionnaire 27/10/2010
According to the recent amendment to the According to the recent amendments to the Lithuanian Law on Public Procurement Lithuanian Law on Public procurement: below EU threshold public procurement - it was revoked the possibility for regulation became more liberal for classical contracting authorities to charge the sector (i.e. contracting authorities should delivery of contract documents to the prepare their own internal rules in tenderers; accordance with basic provisions set out in contract documents have to be the Law on Public Procurement). Moreover, published in the CPPIS together with below EU threshold public procurement the contract notice. rules for utilities sector became the same as for classical sector.
The Government of the Republic of Lithuania constantly seeks for constructive dialogue between representatives of business (including SMEs) and public administrations. For this purpose the working group for improvement of business conditions in public procurement was constituted. The working group considers problematic issues of public procurement and gives proposals to the Government how to improve the public procurement legislation or practice.
5 - LU
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47
Member States
e) Other
5 - MT
Exclusion Criteria is only requested by means of filling in the Tender Form which has a self declaration included in the wording.
Tenders below 120,000 euros are Only one original plus one copy requested. administered by Contracting Authorities The Questionnaire which included a large directly. Above this threshold all tenders are Already explained through eprocurement. number of forms is only requested for passed through the Department of Contracts tenders over the 2 million euro threshold. for vetting.
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5 - NL
The new procurement law proposal prescribes the use of a uniform selfdeclaration form, which is provided by the Ministry of Economic affairs. In this form the undertaking can declare that it fulfils the set criteria. Many contracting authorities already use self-declaration forms. By making one uniform self-declaration form the administrative burden on economic operators will be further reduced. The Polish Act on Public Procurement in article 26 states that the contracting authority requests from the economic operators documents confirming that they satisfy the conditions for participation in the procedure only when the value of the contract is equal to or exceeds the EU thresholds and may request it , but is not obligated, when the value of the contract does not exceed the EU thresholds. Declarations and documents which are required in the public procurement procedure the contracting authority indicate in the contract notice, specification of the essential terms of contract or in the invitation to tender. The tenderer is not obligated to submit original documents. It is also permissible to submit a copy of documents certified by the economic operator to be a true copy of the original. Tenderer is also allowed to supplement documents which were not submitted in time or were incorrect. Contracting authority may ask tenderer for explanations referring to submitted documents and declarations. Furthermore, article 27 par 1 of the Act on PPN SME Questionnaire 27/10/2010
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The new procurement law proposal makes it mandatory to provide the documents for the tender for free. SMEs do not have to make costs before knowing if they are interested in the tender. TenderNed is being developed. This is a website on which all contact notices have to be published. This website will also provide support during the procurement procedure and will provide the possibility to keep all documentation. This will make documentation more accessible for SMEs.
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5 - PL
General rule is that to public contracts below EC thresholds apply the same procedures as to public contracts above the thresholds but there are some exceptions which make that the procedures below the thresholds are more flexible, faster and simple for SMEs. For example, in procedures below EU thresholds the awarding entity does not have to request from the economic operators: documents proving that they satisfy the conditions for participation in the procedure, deposit requirements and requirements concerning the security on due performance of the contract ( art. 36 par. 3 of the Act on Public Procurement).
48
Member States

Public Procurement prescribes that the statements, requests, notifications and information may be provided also by fax or by electronic means if this form of communication has been chosen by the contracting authority. The institutions which are in Poland responsible for exposure of documents specified in the Regulation of The Prime Minister of 30 December 2009 ( The Ministry of Justice, The competent Tax Office, The Social Insurance Institution ( ZUS) ) provide online standard forms of request to issue this documents. These requests may be submitted in person or sent in electronic form with a secure electronic signature verifiable using a valid qualified certificate. It is currently not possible to obtain a certificate from the registers that are kept by Ministry of Justice, certificate of the head of the competent Tax Office, certificate of the relevant branch of the Social Insurance Institution (ZUS) or Agricultural Social Insurance Fund (KRUS) in the form of an electronic document. However, in order to change this situation the Ministry of Justice is currently implementing the project under the Operational Programme ,,Innovative Economy. The project is being implemented in phases, and since the end of 2009 electronic access to Central Register of Judicial is possible. It has been planned to launch electronic access to the National Criminal Register in December 2011.
e) Other
5 - PT
Both the Ministry of Finance and the Ministry of Employment and Social The Code of Public Contracts replaced Security provide online certificates, so older legislation, applied to public works totally dematerialized. In that context, the The legal obligation of using certified and public work concessions (Decree-Law official certificates issued by administrative electronic platforms reduces in fact the 59/99, 2nd March ) and subcontracting in bodies and available for online administrative burden. general (Decree-Law 197/99, 8th June) and consultation by the contracting authority other legislation. The code applies to are never required to be provided in the practically all public procurement. corresponding paper format.
Simplification of the access to tender documentation derives mainly from the usage of e-procurement techniques and tools in all phases of public contracts related procedures
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49
Member States
e) Other
5 - RO
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Government Decision no. 925/2006 on the application Norms of G.E.O. 34/2006, provides that in order to demonstrate that he fulfills the criteria for qualification, the applicant has the right to submit a declaration on oath, signed by his legal representative, confirming that he meets the qualification requirements as required in the tender documentation.
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The tender documentation is provided to the economic operator by direct, unrestricted and fully electronic access. Usually the tender documentation is attached to a contract notice / a participation invitation submitted for publication in the ESPP. If, for technical reasons, the tender documentation can not be achieved entirely by electronic means, then the contracting authority will provide it for free for the economic operator. The tender documentation can be published on the site on a voluntary basis and if so, it can be downloaded for free.
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5 - SE
As from July 15, 2010, the contracting authority will be responsible for the control of the economic operators payment of taxes and social contributions. The suppliers will no longer have to provide a certificate from the Swedish Tax Agency (Skatteverket) when they submit a tender. The contracting authority will also have the option to only require documentation of the economic operators technical and professional ability from the tenderer-/s that will be awarded the contract or in selective/negotiated procedures from applicants that have qualified to submit tenders.
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5 - SK
Regarding the improvement of SMEss conditions/situations in public procurement the Slovak Republic has not adopted any special/separate or obligatory/compulsory measures in public procurement legislation yet.
50
Member States

OGC provides a number of standard tools and templates on its website. OGCs guidance on PQQ outlines five key areas of simplification/benefit for SMEs. Finance asking for the last 2 years worth of accounts (rather than 3). For low value, low risk contracts setting an arbitrary contract limit based on turnover is not recommended. Take a holistic assessment of the factors and evidence which build up a picture of a companys financial strength Insurance - for low value, low risk contracts ask if the supplier is prepared to take out appropriate level of insurance as set out in statement of requirements if successful in winning the contract. Experience treat relevant private and public sector experience equally. Publish the scoring methodology alongside the PQQ Allow equivalent standards when asking for evidence that a technical specification is met.
e) Other
5 - UK
OGC has produced a standardised Pre Qualification Questionnaire and associated guidance that outlines best practice in requesting financial and business information that is in proportion to the contract being tendered and accept equivalent standards, qualifications and experience. Early feedback from central government departments shows a good take-up of the new guidance
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From December 2010 public sector buyers will be required to advertise all low value contracts on the new Public Opportunities Portal. Prime contractors will also be able to advertise subcontracting opportunities.
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51
6. Preferring best value for money to lowest price

Member States 6 - AT a) Rules regarding the award criteria
Above EU thresholds preference for economically most advantageous bid, below the thresholds free choice of the CA to choose between both principles. Le choix est laiss chaque pouvoir adjudicateur entre ladjudication et lappel doffres (plusieurs critres) ou, dans certaines limites, la procdure ngocie. La pratique rserve ladjudication (critre unique du prix) des prestations simples et facilement quantifiables ou dont toutes les caractristiques sont bien maitrises par le pouvoir adjudicateur. PPL provides a specific ban to mix-up selection and award criteria. The aforementioned concerns also the procedures carried-out under OASPC.
b) Other _
6 - BE
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In the option of economically most advantegeous offer, the contracting authority should mention in the contract notice the indicators for complex evaluation as well as their relative weight or their ranking in descending order, when due to objective reasons their relative weight may not be indicated (Article 25 (2), item 10 PPL).
6 - BG 6 - CY
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German awarding authorities are not supposed to base their decisions on the question Which is the lowest price? but Which is the economically most advantageous tender?.. According to the Procurement Regulation for Public Supplies other factors have to be considered as well: quality, technological value, aesthetics, convenience, environmental characteristics, operating expenses, cost-effectiveness, after-sale and customer service or terms of delivery ( 19 (9)). This principle also applies for procurements below the EC threshold. Due to the principle of proportionality the demands and criteria have to reasonable and reachable for SME in accordance to the complexity of the project.
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6 - DE
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6 - FI
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SMEs cannot often offer the lowest price. Big companies can make scale economies which are unreachable for a SME. But the lowest price is not always the most economically advantageous tender. The most economically advantageous offer is often the one whose price is not too high, which fits best the requirements, which will long etc. This is reachable by SMEs. As a consequence, article 53 of the Public Procurement Contracts Code provides that: to award the contract to the tenderer who has proposed the most economically advantageous offer, the contracting authority bases its decision on: - by exception, regarding the subject matter of the contract, only one criteria, which must be the price; - in general, on several non-discriminatory criteria linked to the subject matter of the contract, especially quality, price, technical value, aspect, efficiency (). This provision allows more SMEs to present an offer. According to Article 141 of the PPA in case of works concessions and Article 8/A (3) of Governmental Decree 162/2004 on the Detailed Rules on Public Works in case of public works the evaluation criterion may be only the selection of the most economically advantageous tender.
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6 - FR
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6 - HU 6 - IE 6 - IT 6 - LT 6 - LU
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Currently PPO prepares the recommendations for contracting authorities suggesting how to determine the award criteria for specific contract awards when they are made to the most economically advantageous tender. Also the recommendations for public procurement in cultural and artistic sectors are under preparation by PPO. Inserted in the 25 June 2009 law on public procurement. PPN SME Questionnaire 27/10/2010
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Member States 6 - MT 6 - NL
a) Rules regarding the award criteria

MEAT option included in the Templates and use is encouraged during training sessions for public buyers.
b) Other ___ ___
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Article 91 par 2 of the Act on Public Procurement prescribes that ,,tender evaluation criteria shall be price or price and other criteria linked to the object of the contract, in particular quality, functionality, technical parameters, use of best available technologies with regard to the impact on the environment, exploitation costs, after sales service and period of contract performance. This means that lowest price is not always the only criterion for evaluation. The contracting authority may use in selection of the best tender price and other criteria, which allow to increase SMEs opportunity to submit competitive tender, which not always contains such low price as a big companies tender. The tender evaluation criteria must be laid down in the specification of essential terms of the contract and shall not pertain to the characteristics of the economic operator. However, there is no in the Act on Public Procurement, any obligation for the contracting authority to use the most economically advantageous tender criterion. Article 73 of the Code of Public Contracts provides that: to award the contract to the tender who has proposed the most economically advantageous offer, the contracting authority bases its decision on: - in general, on several non-discriminatory criteria linked to the subject matter of the contract, especially quality, price, technical value, efficiency. The article 75. imposes that only the aspects not ruled by contract documents may be criteria, and all the aspects not ruled must be present in the criteria. - by exception, regarding the subject matter of the contract, only one criterion, which must be the price. This criterion can only be used when all parameters of the contract (time, quality, etc.) are defined. In the qualification process, whenever it takes place, it is possible to use environmental or social criteria to admit or to exclude potential suppliers (article 42). The rules regarding the award criteria are same as those provided by EU Directives on PP (the contracting authorities have the right to choose the award criteria). The Law on System of Choice in the Public Sector (2008:962), in force from 1 January 2009, is a new procedure for buying health care and social services. The contracting authority informs potential service providers at www.valfrihetswebben.se that it intends to set up a system of choice for a certain service. The contract notice is constantly published during the whole lifetime of the system. The contracting authority sets up relevant criteria on the service provider and service. The price is fixed in the tendering documents. A service provider may, at any time, apply to participate in the system. He or she should be accepted if he or she fulfils the criteria. The contracting authority should without delay sign a contract with accepted service provider. The people entitled to use the relevant services may choose between the contracted service providers. The service provider receives their payment from the contracting authority after the service is provided for. There are remedies and damages included in the law. The whole system is based on the idea that the service providers should compete with quality and not price (since it is fixed in the original tendering documents). The preliminary evaluation of the new law shows that a majority of the service providers are small businesses. The openness of the system, e.g. no limited tendering periods, does also facilitate SMEs participation. The evaluation criteria in the Swedish public procurement laws are the same for all kind of public procurement, i.a. it is possible to rank priorities so that quality and other criteria are equally important as price regardless of the value of the contract or the classification of the service.
6 - PL
___
6 - PT
___
6 - RO
___
6 - SE
___
6 - SK 6 - UK
UK government policy is for procurers to seek value for money (MEAT), not lowest price.
___
53
7. Actions regarding the financial specificities of SMEs

Member States 7 - AT a) Improving fast payment ___
La rglementation relative aux marchs publics ne prvoit pas le paiement direct des sous-traitants. Toutefois, larticle 23, 1er, de la loi du 24 dcembre 1993 prcise que les crances des adjudicataires dues en excution dun march public ne peuvent tre ni saisies, ni cdes, ni donnes en gage jusqu la rception provisoire des travaux, des fournitures ou des services. Cependant, les 2 et 5 du mme article prvoient une exception au profit des ouvriers et employs, sous-traitants et fournisseurs de ladjudicataire, pour des prestations ou crances relatives lexcution des travaux, des fournitures ou des services concernant le march public considr (Une seule autre exception est prvue au profit du bailleur de fonds qui assume le financement du march spcifique).Ces derniers peuvent donc saisir ces sommes et faire opposition leur paiement, mme avant la rception provisoire du march. Le 5 prcise en outre que les cessions et mises en gage ne sortiront leurs effets quaprs que les ouvriers, employs, sous-traitants et fournisseurs ayant fait saisie-arrt ou opposition auront t pays. Ceux-ci bnficient donc dune crance privilgie tant que le pouvoir adjudicateur na pas pay sa dette. Larticle 6 de larrt royal du 26 septembre 1996 fixant les rgles gnrales dexcution des marchs publics et des concessions de travaux publics prvoit : -le droit pour les sous-traitants de bnficier due concurrence du jeu de la clause de rvision si une telle clause est stipule entre le pouvoir adjudicateur et ladjudicataire ; -la facult pour le pouvoir adjudicateur de vrifier le respect de cette disposition ; -le droit pour le sous-traitant de se prvaloir des modalits de paiement prvues larticle 15, 1er, 2, 4 et 5 du cahier gnral des charges. Larticle 6 sapplique aux contrats de sous-traitance suprieurs 27.000 EUR HTVA ou dont le dlai dexcution est suprieur 90 jours de calendrier (article 13, 5, du cahier gnral des charges).
b) Other ___
7 - BE
___
7 - BG
The guarantee for participation is determined as an absolute amount, which should not exceed 1 % of value of the contract. The guarantee for implementation should not exceed 5 % of value of the contract. After the end of the award procedure conducted in accordance with law, the public contract should be concluded Concerning procedures conducted in accordance with OASPC, it is up to the contracting authority to choose in 30 day-term after expiry of the period for seeking review of the award decision. whether to state in the contract notice the guarantee for participation in the procedure (and/or guarantee for implementation) as a mandatory requirement.
7 - CY
___
In order to assure a fast payment for the contractor time-periods for payments are set: According to the general contracting terms in the field of public supplies and services payments have to be settled within 30 days after receiving the account For procurements of public works the general contracting terms require a payment within two months after receiving the account According to the general contracting terms of the Procurement Agency of the Federal Ministry of the Interior accounts are settled within 30 days.
Increased amounts of advance payments are recommended to be included in the tender documents.
7 - DE
Advances and Instalments: The general contracting terms for the procurement of public works state that an agreement on advances is possible, If it is granted, the contracting authority may demand the contractor to provide security for it. In order to pay attention to the financial needs of SMEs, the possibility to demand for a security has been reduced. The contracting authority and the contractor can also agree on a progressive payment.
7 - FI
___
___
54
Member States
a) Improving fast payment
b) Other
7 - FR
1. Payment in advance Article 87 of Public Procurement Contracts Code provides that a standard advance is granted to the contractor when the initial amount of the contract () exceeds 50,000 Euros net of VAT () / The amount of the standard advance is set () at 5% of the initial amount of the contract. The advance can be brought above 5% and can reach 60% of the initial amount of the contract. Thus, the public procurement policy has helped enterprises, especially SMEs, facing cash flow problems. Late payments used to be a plague in the public sector. There has been a time when the State paid its contractors a hundred days or more after the performance of the contract. Having regard to the consequences of such behaviour 2. Instalments on economy and in particular on SMEs, the French authorities have made a peculiar effort to reduce delays of Provisions which have given rise to partial performance of the contract are likely to entitle to progress payments (Article 91 of Public Procurement Contracts Code). payment. 3. Treatment for subcontractors Article 98 of Public Procurement Contracts Code sets the time-periods for payment as following: It often happens that a big enterprise awarded with a public works contract uses SMEs as subcontractors. This is - 30 days for the State; the other way with which public procurements impact on SMEs. - 35 days for local authorities after the 1st of January 2010, 30 days after the 1st of July. Like contractors, subcontractors are entitled to be granted with advances and instalments. This is a much shorter delay than the one which applies to the private sector. A modification of Article 115 of Public Procurement Contracts Code has reduced and made easier the payment of With those financial provisions, public procurement becomes attractive source of income for SMEs. subcontractors. Nowadays, the contracting authority directly pays the subcontractor. 4. Mandatory price variation clause The clauses regarding the variation of price in public procurement is made compulsory for supplies and services public contracts whose execution time exceeds three months, according to the commitment by the Government during the debates National Assembly on the Bill to modernize the economy.* Such mandatory clause was already required in public works contracts. Payment from the side of the contracting authority is ensured by various legal rules. According to Article 305 (4) of the PPA in case of performance in accordance with the contract has been confirmed by the contracting authority, the party having entered into the contract as tenderer may file, based on the consent, declaration of authorisation given by the contracting authority following the expiry of a certain time-limit a direct collection order against the payment account of contracting authorities in the classical sector. Aimed at establishing confidence and reducing risks by giving a solution to the issue of chain debts a construction trustee system was established by Governmental Decree 191/2009 on the Execution by the Construction Industry. The key element of the system is a trustee to manage the funds covering the contractual amount. The trustee, inter alia, has the task to manage the deposit provided by the contracting authority and the collateral provided by the tenderer, in accordance with the relevant contract and it has to make payments from the deposit provided by the contracting authority against certificates of performance. There is a possibility for the tenderer to receive advance payment from the contracting authority. This option is not covered by the PPA, but regulated in separate legislative acts, e.g. in Act XXXVIII of 1992 on Public Finance.
7 - HU
According to Article 305 (3) of the PPA as a main rule the contracting authority has to pay the consideration for the tenderer within thirty days, or in case of public procurements supported by funding from the European Union, within sixty days following the performance of the contract. Nevertheless law may stipulate otherwise or the parties may agree on deferred payment or on payment in instalments. Therefore it has been common practice that contracting authorities prescribed the endurance of the payment period as subcriteria in the contract notices and valued the promised longer endurance more. Nevertheless delayment in conncetion with payment is not uncommon. Given to the hardships the financial crisis has caused in the economy the President of the Public Procurement Council issued a guidance in 2009 encouraging contracting authorities not to prescribe the longer endurance of the payment period as subcriterion in the course of the public procurement procedure.
7 - IE
___
___
55
Member States

In 2009, due to the economic crisis, Italy has adopted several rules aimed to get payments by public administration faster. In particular, according to article 9 paragraph 3-bis of Decree 29 November n. 185 (converted in Law n. 2/2009), Regions and other local entities, exclusively in 2009, are authorized, on request of creditors, to certify the existence of credits in order to consent economic operators to sell their credits to bank and financial intermediaries, without the warranty of the existence and the validity of the credits. In execution of the aforementioned Decree, Ministry of Economy and Finance, by Decree 19 th May 2009, stated that the owner of a credit sure, determined in its amount and due, for furniture and services in favour of public administrations, is authorized to apply, before the 31th December 2009, for the certification of the credit. Within 20 days from the filling of the request, public administration can certify that the credit is determined in its amount and due. Moreover, by Decree 19th May 2009, Ministry of Economy and Finance ruled the intervention of SACE S.p.A. with reference to warranties granted to facilitate economic operators in order to facilitate the sale of their credits towards public administration. According to the aforementioned Decree, SACE is authorized: to insure banks financing in favour of business operators, using, as partial warranty, the credit of the operators towards public administration; to reinsure and provide for coinsurance in relation to policies emitted by insurance companies and covering the risk of late payment by public administration. In implementation of article 9 of Decree n. 185/2009, on July 3 rd 2009, the Presidency of the Council of the Ministers has adopted a specific Directive applying to State administrations. Prevention of late payment is implemented by the regulation of the Republic of Lithuania Law on the Prevention of Late Payment in Commercial Transactions. The purpose of this law is to regulate interest on late payments for the goods sold, services provided and works carried out according to the commercial transactions as well as to establish the rights of creditors in case of late payment. In respect of the late payments directive. Pre financing is almost always used for part financed EU tenders. The Dutch government recently altered the term for payment form payment within 45 days to 30 days. The Act on Public Procurement does not precise time-periods for payment under public procurement contracts but contracting authorities spending public finances in accordance with the Act on Public Procurement are also subject to the provisions of the Act of 30 June 2005 on public finances, which obligates public sector entities to laying out public funds in accordance with the principle of economy and efficiency of public spending. The contracting authorities are also subject to the provisions of the Act of 17 December 2004 on Liability for breach of discipline of public finances, according to which the breach of discipline of public finances is also a default public sector entities, which result may be payment of interest, penalties or fees. In Poland the provisions of Directive 2000/35/EC have been implemented into law by the Act of 12 June 2003 on the time limits for payment in commercial transactions and the Act of 17 November 1964 - Code of Civil Procedure. These Acts apply not only to relations between enterprises, but also to commercial transactions, where parties are public entities required to apply the Act on Public Procurement. This regulation introduces the duty to comply with time limits for payments. If the time limits for payments set in the Act are exceeded, the creditor is entitled to compensation in the form of interest for late payments or the possibility of an investigation of the amounts due by civil proceeding. In addition, the issue of fast payment is linked indirectly with the rules on spending public funds. In certain situations, unspent funds by certain public entities in a given period of time (usually a financial year) shall be repaid to the state budget, therefore public entities should be interested in timely and planned spending funds, obtained for specific purpose
b) Other
7 - IT
___
7 - LT 7 - LU 7 - MT 7 - NL
___ ___ ___ ___
7 - PL
56
Member States 7 - PT 7 - RO
b) Other
Since 2008 that the Portuguese Government has implemented the Pay-On-Time programme which aims at Portuguese Code of Public Contracts allows advanced payments, which can reach 30% of the total estimated monitoring the payment delays of all public entities, state owned companies included. A progress report is issued value of the contract; provided that a guarantee is produced. on a quarterly basis.
___
___
7 - SE
ESV is also responsible for a project intending to implement a system for electronic ordering from procurement Ekonomistyrningsverket (ESV) is a central administrative agency under the Ministry of Finance. It has developed, contract concluded by central government authorities/agencies and suppliers/service providers. The system should introduced and implemented electronic invoicing system including all central government authorities and be implemented by the end of 2013. It will make ordering more systematic and unanimous which will facilitate agencies. The system facilitates fast and secure payment to suppliers/service providers to the authorities. SMEs handling of their contracts with government authorities and agencies
7 - SK
Regarding the improvement of SMEss conditions/situations in public procurement the Slovak Republic has not adopted any special/separate or obligatory/compulsory measures in public procurement legislation yet. Central government departments are paying invoices within 10 days and have recently moved to pay 80% of valid invoices within 5 days. There is an aspiration that all valid invoices are paid immediately. Government is encouraging suppliers to pass on prompt payment to their sub-contractors to speed up payment times for SMEs and improve cash flow.
7 - UK
___
57
8. Leaving enough time to draw up relevant offers

Member States 8 - AT
a) Relevant rules
No special rules. Principle of proportionality applies. Les dlais de remise des demandes de participation et des offres sont les mmes que ceux prvus dans les directives europennes. Pour les marchs non soumis la directive mais la publicit belge, les dlais sont de
b) Other ___
8 - BE
36 jours pour la remise des offres en procdure ouverte ;
___
15 jours pour la remise des demandes de participation et 15 jours pour la remise des offres dans les procdures en deux phases; En cas durgence, ces dlais peuvent tre rduits sans cependant tre infrieurs 10 jours.
8 - BG 8 - CY 8 - DE 8 - FI
According to the rules provided by the European public procurement directives.
___ ___ ___

French rules regarding time-periods to submit offers of request to participate are the same than those provided by the European public procurement directives. Anyway, French regulation provides that, regarding award procedures below the European thresholds, the procuring authority should take into consideration the nature and specificities of his requirement, the circumstances of the purchasing and the structure of the market, including the importance of the existing competition. It also provides that the time-period should be extended while no relevant tender could be submitted without a prior visit of the premises of performance of the contract. In that specific case, the procuring authority must add as many days as there are to allow this visit. Above community thresholds: rules are in line what EU provisions prescribe. Below community thresholds and above national thresholds (in the so-called simple procedure): The submission of tenders has to be not less than 25 days, nevertheless it may be shortened by not more than five days, provided that the tender documentation and the supplementary information are provided electronically (Article 251 of the PPA).
___ ___ ___
8 - FR
___
8 - HU
___
8 - IE 8 - IT
___ ___
___ ___
8 - LT 8 - LU
According to the Lithuanian Law on Public Procurement the time limit for submission of tenders in the open Lithuanian rules regarding time-periods to submit tenders or requests to participate in the contract awards above procedure is no less than 7 days from the publication of a contract notice in case of contract award below the EU thresholds are the same than those provided by the European public procurement directives. threshold of EU directives Accelerated procedures are not often used in order that economic operators have enough time to fill in the offers.
___
58
Member States 8 - MT
a) Relevant rules
b) Other
EU Directives timeframes imposed on Contracting Authorities.
___
8 - NL
The new procurement law proposal contains the principle of proportionality, this also applies to the terms that are being set. A contracting authority thus has to give economic operators a proportional period of time to draw up his offer.
___
Deposit: In Polish public procurement system the contracting authority shall require the economic operators to pay a deposit only where the value of the contract is equal to or exceeds the expressed in PLN equivalent of the amount specified in EU thresholds. Where the value of the contract is less than the amounts specified in EU thresholds the contracting authority may, but is not obligated, to require the economic operators to pay a deposit ( article 45 par 1 and 2 ). The amount of the deposit cannot be more than 3 % of the contract value. The amendment to the Act on Public Procurement introduced in 5 November 2009, established obligation for the contracting authority to return a deposit to all economic operators immediately upon the selection of the best tender or cancellation of the procedure, except for the economic operator whose tender has been selected ( article 46 par 1of the Act on Public Procurement). Security on due performance of the contract: The last amendment of Article 147 of the Act on Public Procurement modified the rules concerning security on due performance of the contract. New wording of this article introduced resignation from the mandatory requirement for security performance of the contract. Now the contracting authority may, but is not obligated, to request the economic operator to provide security on due performance of the contract.
8 - PL
In Poland for the public contracts above EU thresholds apply the same rules regarding time-periods to submit tenders or requests to participate than those provided for the European public procurement directives. But for public contracts below EU thresholds time limits for submission of tenders and requests to participate are shorter. Generally it should be determined in a manner which takes into account time necessary to prepare and submit an offer, but in case of contracts for supplies or services, the time limit for submission of tender shall not be less than 7 days from the day, on which the contract notice is placed in the Public Procurement Bulletin, and in case of contracts for works- not less than 14 days. In case of the restricted tendering and the negotiated procedure with publication the time limits for submission the requests to participate may not be less than 7 days from the day, on which the contract notice is placed in the Public Procurement Bulletin. This restriction not apply to local government units as well as their associations or any other units from the public finance sector, where the founding body or supervising body is a local government unit. The contracting authority can give subsequent advance payments provided that the economic operator evidences that it has performed the contract within the value of the advance payments received earlier
8 - PT
Article 63 of the Portuguese Code of Public Contracts provides that the contracting authority is free to settle the deadlines for the submission of tenders or requests to participate in the procedures, provided that the minimum deadlines are respected. In any case, there is no restriction for granting deadlines that go beyond the minimum (as provided by the Directive 2004/18 and the Code). The time limits for receipt of requests to participate and for receipt of tenders are as laid down in the Directives. The Romanian PP law offers a simplified awarding procedure for contracts under the thresholds established by the Directives, it is the request for tenders. When the award procedure used is the request for tenders, the contracting authority has the obligation to publish the participation invitation with at least 10 days before the time-limit for submitting the tenders.
___
8 - RO
___
8 - SE
___
___
8 - SK
59
Member States
a) Relevant rules
b) Other
8 - UK
OGC advises that departments abide by the minima set out in the procurement directives but recommends that public sector buyers leave sufficient time for suppliers to produce high quality bids. OGC advises that consideration is also to be given to the complexity of the procurement and any necessary extension to the timescales that may be required.
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60

Final Document PPN Survey SME Affirmative Actions

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SMALL BUSINESS ACT SURVEY: SME AFFIRMATIVE ACTIONS IN THE EUROPEAN MEMBER STATES INTRODUCTION FEW REMINDERS

PPN SME Questionnaire 27/10/2010

Some solutions have been more exploited than others:

PPN SME Questionnaire 27/10/2010

ANNEX: ANSWERS RECEIVED:

___ means no answer was provided regarding this item.

1. Overcoming the difficulties related to the procurement contracts size

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

PPN SME Questionnaire 27/10/2010

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

PPN SME Questionnaire 27/10/2010

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

PPN SME Questionnaire 27/10/2010

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

Existing in the Luxembourg public procurement law

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

PPN SME Questionnaire 27/10/2010

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

PPN SME Questionnaire 27/10/2010

a) Subdivision of the contract into lots or parcels

c) Enhancing knowledge about subcontracting

d) Any other action

PPN SME Questionnaire 27/10/2010

2. Providing access to relevant information

e) Any other action

PPN SME Questionnaire 27/10/2010

b) Specific rules regarding publication of contract notices

c) Enhancing information about rejection of bidders

d) Providing relevant information and help to SMEs on administrative procedures

e) Any other action

PPN SME Questionnaire 27/10/2010

b) Specific rules regarding publication of contract notices

c) Enhancing information about rejection of bidders

d) Providing relevant information and help to SMEs on administrative procedures

e) Any other action

b) Specific rules regarding publication of contract notices

c) Enhancing information about rejection of bidders

d) Providing relevant information and help to SMEs on administrative procedures

e) Any other action

PPN SME Questionnaire 27/10/2010

b) Specific rules regarding publication of contract notices

c) Enhancing information about rejection of bidders