WRITTEN QUESTION E-3597/98

by Karin Riis-Jørgensen (ELDR) to the Commission

(3 December 1998)

Subject: Invitations to tender

In an effort to guarantee free and equal competition, public works above a certain threshold value must be the subject of an EU invitation to tender. In connection with such invitations, it often proves difficult for firms that want to tender to find out what exactly is to be supplied or done because the specification is often couched in very abstract and formalistic terms to prevent any complaints about failure to comply with EU tendering rules. Experience has shown that this prevents some SMUs from tendering for works within their remit, and they generally incur extra consultancy costs in connection with tenders for technically uncomplicated works.

Would it be compatible with tendering rules to formulate EU invitations to tender more simply in the form of clearer specifications so that in future there can be no doubt about what is wanted and on what terms?

How will the Commission ensure that SMUs are guaranteed equal access to tenders without incurring extra consultancy costs?

Has the Commission considered drawing up a guide to the formulation of EU invitations to tender so as to comply with the tendering rules without complicating procedures for either those calling for tenders or those tendering?

Answer given by Mr Monti on behalf of the Commission

(1 February 1999)

The Commission, in its communication on public procurement in the European Union(1), has already proposed a set of measures aimed at the development of a favourable environment for businesses, and in particular small and medium-sized enterprises (SMEs) including exchange of the present system of publication for an Internet based solution; incentives to encourage contracting entities to use electronic means of submission (such use would imply a reduction of the overall length of the procedure); amendment to the existing directives to put electronic means of exchanging information on an equal footing with other means; development of a framework for implementing an effective public procurement training policy in the Community; adoption of a communication on SMEs and public procurement, developing the possibilities of improving access to information by consistent application of information and communications technology; and harmonisation of qualification systems (i.e. in the field of contracts covered by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts(2)).

The Commission has already made considerable efforts to make tendering procedures more transparent and less costly for suppliers and especially for SMEs. Through the SIMAP (système d'information pour les marchés publics) project, the Commission aims at improving the quality of information about Community procurement opportunities and ensuring that information is available to all potentially interested suppliers. In the longer term, it will address the whole procurement process, including bids, award of contracts, delivery, invoicing and payment. The SIMAP website (http://simap.eu.int) gives background information about the procurement market, procurement directives and guidelines as well as links to other sites with information about procurement opportunities across the Community and beyond. Access to the SIMAP website is free of charge from 1 January 1999.

Transparency of invitations to tender is being encouraged through some specific tools, such as the standard forms to be used for notification, which simplify and harmonise tender notices; the common procurement vocabulary (CPV), which is used for the identification of the object of the contract, making it easier for potential suppliers to identify the procurement contracts in which they are interested; and the development of "purchaser's profiles", which enable contracting entities to submit electronically not only their tender notices for publication but also complete tender documentation and any supplementary information, which suppliers can search via the "search and retrieval mechanism" if they are interested.

Finally, it should be noted that, in addition to the guides to the Community rules on public procurement (classic sectors) published in 1997, the Commission has also supported the production of "Selling to the public sector - a practical guide for SMEs"(3), intended to help SMEs faced with the practical difficulties, including dealing with the bidding phase.

The Commission will continue to support and make more efficient the various European networks providing information and technical assistance to SMEs seeking to participate in public procurement.

(1) COM(98) 143 final.

(2) OJ L 199, 9.8.1993.

(3) To be published in the Official Journal.