Regulated public procurement: simplifying the process for bidders

Bidding for public contracts in other EU Member States is about to become easier, with an online translation service for all notices published on the EU Tenderers Electronic Daily (TED) public procurement portal. 

This follows on from the recent adoption of the European Single Procedure Document (ESPD) (see here), which is intended to simplify the process for both bidders and contracting authorities. The Crown Commercial Service (CCS) is working on guidance on exactly how the ESPD will work in the UK.

Online translation service available for all TED notices

Bidders can now request, at no charge, any public procurement notice published in TED, with the translations ‘made available shortly after the request is sent’. All 24 official languages of the EU can be translated.

This translation tool has been implemented because tender documents in foreign languages has been identified by economic operators across the EU as a key barrier to bidding for contracts in other Member States, particularly for small and medium-sized businesses. The translation function is expected to make it easier for companies and suppliers to participate in cross-border tenders. This will apply both for EU Member States and with non-EU countries with which the EU has public procurement commitments through international agreements.

With legal challenges a common feature of public procurement across the EU, it will be interesting to see how accurate the translations are, and how successful it may be in encouraging businesses to bid in other Member States. Further information on the tool can be found here.

ESPD: further guidance to follow

The CCS is in the process of putting together the government’s procurement policy guidance and standard documentation in light of the ESPD, which came into force on 26 January 2016. Until this guidance is released, the CCS is advising that public authorities continue to use the advice in PPN03/15, the supplier selection guidance, and the standard pre-qualification questionnaire template.

There are some notable contradictions between the current standard Pre-qualification questionnaire (PQQ) and the forthcoming ESPD, which will need to be addressed. These include the turnover requirement, which is now capped at twice the contract value in the ESPD (but not the PQQ); and the opportunity for non-exclusion if a tenderer has provided sufficient evidence of ‘self-cleaning’.

The ESPD is expected to reduce the administrative burden on bidders and authorities. However, bidders will welcome the forthcoming guidance and clarity around exactly how this will work and what the revised PQQ will look like.