FIEC
Advanced search

Public Procurement


Public procurement represents a market of about 18% of EU GDP. Given this volume, the procurement of public works represents a substantial part of the activity of the construction sector.

FIEC’s main objective is to promote a transparent, fair and predictable legal framework for public procurement, focusing on the principle of value for money and ensuring a level playing field for all economic operators, both EU and non-EU, and whatever their legal status is. 

Amongst other aspects, FIEC namely promotes:
  • Quality: through the award of the contract to the Most Economically Advantageous Tender (MEAT), based on realistic and appropriate sub-criteria;
  • Sustainability: through the exclusion of Abnormally Low Tenders (ALTs); 
  • Innovation: through the acceptance of variants and the respect of confidentiality and
  • Equal treatment between all economic operators.
 
FIEC supports these principles in the various forms of public procurement: should they be "classical" public contracts or Public-Private Partnerships (PPPs), concessions, etc.

The current EU legislation in the field of public procurement is:

The new directives:

  • Directive 2014/24/EU of 26/02/2014 on public procurement
  • Directive 2014/25/EU of 26/02/2014 on procurement by entities operating in the water, energy, transport and postal services sectors
  • Directive 2014/23/EU of 26/02/2014 on the award of concession contracts
  • have to be implemented into national law by 18/4/2016 (with some possible exceptions in the area of e-procurement).
  • Directive 89/665/EEC of 21/12/1989 on the coordination of the laws, regulations and administrative provisions relations to the application of review procedures to the award of public supply and public works contracts, lately amended by Directive 2007/66/EC of 11/12/2007.

Member States had to implement the two former into their national legislation by 31/01/2006.

Soon after, the European Commission decided to assess the impact and cost-effectiveness of EU procurement legislation and finally proposed to modernise it again.

Three proposals have been put forward by the European Commission in December 2011: 

  • a Directive on public procurement (replacing Directive 2004/18/EC – "classic”);
  • a Directive on procurement by entities operating in the water, energy, transport and postal services sectors (replacing Directive 2004/17/EC – "utilities”);
  • a Directive on the award of concession contracts (see specific theme dedicated to "PPPs & concessions").

All along the legislative process, FIEC recalled the main priorities in this field for contractors: 

  • a transparent, fair and predictable legal framework;
  • the safeguard of the principle of value for money;
  • a level playing field for all economic operators, both EU and non-EU, and whatever their legal status is;
  • giving priority to the quality: through the award of the contract to the Most Economically Advantageous Tender (MEAT), based on realistic and appropriate sub-criteria;
  • ensuring sustainability: through the exclusion of Abnormally Low Tenders (ALTs); 
  • promoting innovation: through the acceptance of variants and the respect of confidentiality. 

The updated directives are expected to be adopted in the course of 2013.


 

26 results
2016-02-29-FIEC-EIC-initial-on-Market-Access-Regulation-vfin
23 Kb uploaded on 23/05/2016
Preview
Download
2014-11-27 - FIEC Position - Trade Secrets Directive
107 Kb uploaded on 27/11/2014
Preview
Download
2013-09-06 - FIEC Press Release - Public Procurement Package
24 Kb uploaded on 06/09/2013
Preview
Download
2013-02-21 - FIEC-EFBWW joint position - Abnormally Low Tenders
31 Kb uploaded on 21/02/2013
Preview
Download
2012-11-26 - FIEC Position Paper - Collective Appeal on the scope of Public Procurement
191 Kb uploaded on 27/11/2012
Preview
Download
2012-11-14 - FIEC Position Paper - Core messages on public procurement
35 Kb uploaded on 14/11/2012
Preview
Download
2012-11-14 - FIEC Letter - To Council on Public Procurement
26 Kb uploaded on 14/11/2012
Preview
Download
2012-06-25 - FIEC Position Paper - Consolidated Position on the Directive on Public Procurement
176 Kb uploaded on 24/08/2012
Preview
Download
2012-08-02 FIEC / EIC joint position on the EC « Market Access »
90 Kb uploaded on 02/08/2012
Preview
Download
Ppt Presentation - 'FIEC preliminary remarks on 'classic' directive'
158695 Kb uploaded on 26/04/2012
Preview
Download

Search

Search
Copyright © 2012 FIEC. All rights reserved.