Six separate drafts of public procurement legislation are currently being debated in Parliament. The six official bills are at different stages of the legislative process and have different objectives.
Three of them were discussed at the Economic Committee session held on 12 September 2013 and have now been sent to subcommittees.
The key changes concern:
- increasing the financial threshold above which procurement law applies from €14,000 to €30,000 or €50,000;
- specifying the circumstances in which the contracting authority can split the contract into lots;
- excluding public procurement law applicable to contracts concluded by scientific, artistic and cultural institutions, with a value below that triggering the obligation to send a procurement notice to the EU Publications Office;
- removing a provision requiring retention of the deposit when an economic operator has failed to comply with a request for supplementary documentation from the contracting authority;
- restricting one of the categories of contractors who can be excluded from tenders, to those who have caused damage of at least 10% (instead of the current 5%) of the contract value by failing to perform a contract or by performing a contract improperly, which has been confirmed by a court judgment and became final in the three years before the tender procedure began;
- making third parties on whose resources contractors rely at the tendering stage jointly and severally liable with the contractors for any loss incurred by contracting authorities resulting from failure to provide such resources at the realisation stage of the contract;
- encouraging contracting authorities to observe ‘good practices’ in the tendering process, such as applying contract templates, regulations and other documents used in tender procedures;
- encouraging contracting authorities to evaluate tenders using criteria other than price;
- allowing contracting authorities to pay remuneration directly to subcontractors in specified situations.