Public Procurement

The choice depends on contract value, complexity, and objectives. Open procedure allows all suppliers to tender, restricted procedure involves pre-qualification, competitive procedure with negotiation permits negotiation after initial tenders, competitive dialogue is for complex requirements needing development, and innovation partnership is for innovative solutions. Consider factors like market readiness, technical complexity, and time constraints.

Ensure compliance by following the appropriate procurement procedure for your contract value, treating suppliers equally and transparently, setting clear objective criteria, providing adequate time for responses, maintaining proper records, avoiding conflicts of interest, conducting fair evaluations, and observing standstill periods. Regular legal reviews and training help maintain compliance standards.

Procurement errors can result in legal challenges, contract suspension, requirement to re-run the process, damages claims from unsuccessful bidders, reputational damage, and potential judicial review. In serious cases, the court may declare contracts ineffective and impose financial penalties. Early legal advice and robust procedures help prevent errors and manage risks.

Yes, contract award notices must be published for contracts above EU thresholds within 30 days of contract signature. Below-threshold contracts should still be published for transparency. Award notices must include contract details, successful bidder information, contract value, and award criteria. This transparency requirement helps ensure accountability and enables market feedback.

When tenders appear abnormally low, you must request written explanations before rejecting them. Consider factors like economics of construction/services, technical solutions, compliance with employment/environmental standards, and state aid implications. You can only reject if explanations are inadequate or non-compliant. Document your analysis and decisions thoroughly to withstand potential challenges.

A Dynamic Purchasing System (DPS) is an electronic procurement tool for commonly used purchases. It operates like a framework but suppliers can join throughout its duration (maximum 4 years). Use DPS for standard goods/services with frequent repeat purchases, when you want ongoing supplier engagement, or to encourage SME participation. It provides flexibility while maintaining competitive processes.

Incorporate social value by identifying relevant economic, social, and environmental benefits, setting clear deliverable outcomes rather than vague aspirations, allocating appropriate evaluation weighting (typically 10-20%), ensuring requirements are proportionate to contract scope, and establishing monitoring and reporting mechanisms. Consider local employment, skills development, environmental sustainability, and community benefits.

You must consider FOI implications throughout procurement, protecting genuinely commercially sensitive information while maintaining transparency. Clearly mark confidential information, use appropriate exemptions, consult suppliers before disclosure, maintain proper records, and publish contract information proactively. Balance transparency obligations with protection of commercial interests and competition.

Yes, past performance can be used in selection criteria for relevant experience and technical capacity, but must be relevant to the contract, proportionate, and fairly applied. Set clear evaluation criteria, consider performance on similar contracts, use objective measures where possible, and allow suppliers to explain poor performance or demonstrate improvements. Avoid blanket exclusions without proper assessment.

Manage disputes through early engagement with concerned suppliers, thorough debriefing with clear explanations, robust record-keeping to support decisions, prompt legal advice when challenges arise, consideration of alternative dispute resolution, and professional handling of formal proceedings. Good communication and transparent processes help prevent disputes from escalating.