Law Firm Dyulgerova and Penkova Home     About Us     Contacts
Practices Articles Membership
Home / News / Public Procurement Reform in EU

Construction Law and FIDIC Conditions of Contract
Customs and Tax law
Public Procurement Law
Corporate and Commercial Law
Litigation and Debt Collection
Commercial Insolvency
Real Estate Law
Insurance Law
Employment and Social Insurance Law
Intellectual Property Law
Energy Law
Immigration Law
Latest News

archive by year
2018  |  2017  |  2016  |  2015  |  2014  |  2013  |  2012  |  2011
Public Procurement Reform in EU

Two new Directives on public procurement have been adopted on 11 February 2014. The Directive 2014/24/ EU of the European Parliament and of the Council of 26 February 2014 on public procurement and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors aim to make the rules simpler and more efficient for public purchasers  and companies and secondly to provide the best value for money for public purchases, while  respecting the principles of transparency and competition.
The rules simplify public procurement procedures and make them more flexible, which will benefit both public purchasers and businesses, particularly small and medium-sized companies. Some of the amendments include provisions which ascertain public purchaser to negotiate the terms of contracts with companies to obtain the service that best suits their needs, specify shorter minimum deadlines for procedures. The new rules specify that only the winning company needs to submit all the documentation proving that it qualifies for the contract in question. Additionally, for a company to participate in the procedure, it will be sufficient to submit a self-declaration that it fulfils these conditions, drastically reducing the volume of documents required for selecting companies.
Under the reform public procurement is becoming a policy strategy instrument. Thus, public authorities will be able to base their decision on the best life cycle cost of the goods offered. Here, the CO2 footprint of products could be a decisive factor. The same will apply to the process by which the work, services and supplies purchased are produced: employing the most vulnerable or disadvantaged people or using non-toxic substances may be a decisive factor in selecting the winning bidder.
A new, clearer definition will require Member States to take steps to effectively prevent, identify and correct 'conflicts of interest'. Anyone attempting to influence a public purchaser or making false statements may be excluded from public procurement procedures. It will be also easier to identify cases where a contract could be modified after it is awarded, without a new call for tenders and finally, public purchasers must reject any bid that comes at an abnormally low price because the company concerned is violating EU or international social, environmental and labour laws.
It is also specified that social, cultural and health services and certain others, such as legal, hospitality, catering and canteen services listed in the Directives, will benefit from the new simplified arrangements. These arrangements apply to contracts worth more than EUR 750 000 (compared with EUR 200 000 for other services). Public purchasers may award contracts to tenders that meet all quality criteria such as the accessibility, continuity and sustainability of the services offered, which they consider critical to the service concerned. Apart from the obligation to treat all companies equally and provide adequate publicity to the call for tenders and award of contracts, only national rules will apply to the relevant procedures.
Both Directives enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 18 April 2016. 
Directive 2014/24/ EU repeals Directive 2004/18/EC and Directive 2014/25/ EU repeals Directive 2004/17/EC.
We use cookies to ensure we give you the best browsing experience on our website. Find out more on how we use cookies and how you can change your settings.


What are cookies ?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

How do we use cookies?

Website use Google Analytics, a web analytics service provided by Google, Inc. ("Google") to help analyse the use of this website. For this purpose, Google Analytics uses"cookies", which are text files placed on your computer.

The information generated by the cookies about your use of this website - standard internet log information (including your IP address) and visitor behaviour information in an anonymous form - will be transmitted to and stored by Google including on servers in the United States. Google will anonymize the information sent by removing the last octet of your IP address prior to its storage.

According to Google Analytics terms of service, Google will use this information for the purpose of evaluating your use of the website and compiling reports on website activity.

We not use, and not allow any third party to use the statistical analytics tool to track or to collect any personally identifiable information of visitors to this site. Google may transfer the information collected by Google Analytics to third parties where required to do so by law, or where such third parties process the information on Google`s behalf.

According to Google Analytics terms of service, Google will not associate your IP address with any other data held by Google.

You may refuse the use of Google Analytics cookies by downloading and installing Google Analytics Opt-out Browser Add-on. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics.

Cookies are also used to record if you have agreed (or not) to our use of cookies on this site, so that you are not asked the question every time you visit the site.

Google Analytics Opt-out Browser Add-on

How to control cookies?

You can control and/or delete cookies as you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed.

All about cookies

Managing cookies in your browser

Most browsers allow you to:
  • see what cookies you have got and delete them on an individual basis
  • block third party cookies
  • block cookies from particular sites
  • block all cookies from being set
  • delete all cookies when you close your browser

If you chose to delete cookies, you should be aware that any preferences will be lost. Also, if you block cookies completely many websites (including ours) will not work properly and webcasts will not work at all. For these reasons, we do not recommend turning cookies off when using our webcasting services.