Procurement News – Europe

Public procurement blacklisting comes into force on Tuesday – The Malta Independent

September 1 in Daily News by eisc No Comments

With effect from Tuesday, companies that breach employment laws or public procurement regulations will face being blacklisted for up to two years.

The government had announced the new measure last March and a legal notice published on Friday brings the measure into force as of 1 September.

The new rules provide for the establishment of a Commercial Sanctions Tribunal which could blacklist contractors for a period ranging from six months to two years.

 

Back in March, Prime Minister Joseph Muscat had described the measure as the greatest disincentive that could be offered to employers who persist in finding ways to get around regulations meant to ensure that workers have decent working conditions.

He noted that, over the past few years, a number of measures have been introduced to address loopholes, but also said that employers who engage in precarious employment practices have proved to be quite ingenious in finding new loopholes to exploit.

The introduction of blacklisting, Dr Muscat said, may not put an end to such practices, but it sent a strong signal to employers who sought to persist in them.

“Ending up blacklisted is no joke,” he had added.

continues by clicking on the link in the title.

Sourced through Scoop.it from: www.independent.com.mt

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£100m Devon procurement did not break rules, Monitor confirms

September 1 in Daily News by eisc No Comments

Northern, Eastern and Western Devon Clinical Commissioning Group did not break procurement regulations when it selected a preferred provider for a £100m community services contract without going to tender, Monitor has concluded.

Monitor finds NEW Devon CCG did not break rules by awarding community services contract to Royal Devon and Exeter FT without tender
Probe triggered by Northern Devon Healthcare Trust, which claimed process was inadequate and unfair
CCG must do more work to ensure value for money before awarding contract

The regulator said the process used by NEW Devon to choose Royal Devon and Exeter Foundation Trust “was proportionate and enabled it to select a provider from the available options”.

However, Monitor warned the CCG needed to “do more work to ensure that it will get value for money before awarding the contract”.

Monitor launched its investigation into the procurement in January, following a complaint from Northern Devon Healthcare Trust, the provider which stands to lose the contract.

Northern Devon claimed the CCG’s selection was not competitive, not transparent, and affected by conflicts of interest.

The CCG chose Royal Devon by inviting potential providers to propose solutions for delivering the service, which were then evaluated, but it stopped short of a full tender process.

In its ruling, published today, Monitor did not uphold Northern Devon’s claims.

Catherine Davies, Monitor’s cooperation and competition director, said: “Having set out its vision for community services in the local area, NEW Devon CCG chose between providers in a way that was tailored to its needs.

“The approach NEW Devon CCG took won’t work in all cases, but it shows that commissioners can be flexible in their processes for selecting providers”, she added.

However, the report said the CCG’s work to date “does not yet place [it] in a position where it can enter into a contract” with Royal Devon.

NEW Devon would first have to determine the scope and pricing arrangements for the contract, evaluate its value for money, and satisfy itself that it was the best way to meet patient need and improve quality and efficiency.

If it was unable to do this, Monitor said it “would not expect the CCG to award the contract”.

In a joint statement, NEW Devon CCG and the two trusts said the CCG had been “exonerated”. The three organisations pledged to “work together to demonstrate this procurement represents value for money to the taxpayer through a due diligence process”.

Rebecca Harriott, NEW Devon’s chief officer, said the CCG would press ahead with “pre-planned work to ensure value for money”, before awarding the contract in November.

James Brent, Royal Devon’s chair, said the ruling would result in “much closer integration of acute and community services in east Devon to the benefit of our patients and communities”.

Northern Devon chair Roger French said the trust accepted the findings “entirely”.

“We are really pleased that the outcome of the Monitor report means there is now clear guidance as to what now needs to happen to ensure a robust way forward,” he added.

Monitor’s final ruling tallies with an interim judgment it published in June.

Following the interim report, Northern Devon submitted a response to Monitor that branded NEW Devon’s procurement “shambolic” and claimed Monitor’s findings were “perverse”.

Sourced through Scoop.it from: www.lgcplus.com

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public sector spends less than 3 per cent with new businesses

August 24 in Daily News by eisc No Comments

Less than 3 per cent of the UK public sector’s procurement spend is with start-up companies, according to research.
Analysis by Spend Network looked at procurement transactions from central and local government between 2012 and 2014. The research looked at the age and size of companies getting contracts worth more than £500 for local government, and more than £25,000 for central government. The study encompassed 200 central and local government bodies in total.
It found of the £68 billion spent with identifiable suppliers, only £1.8 billion (2.7 per cent) was spent with start-up companies. These were defined as younger than five years old with a turnover of less than £2 million. Medium to large sized businesses got around 9 per cent of spend.
Central government spent considerably more with younger companies on management and business professionals and administrative services than it did on real estate management services.
The analysis showed that almost double was spent with younger companies in the North East than any other regions.
Nesta, a charity which promotes innovation, funded Spend Network’s research as part of its work examining the role of government in supporting start-ups. It said the data showed it was still difficult for new companies to do businesses with government, despite efforts to improve access to government work for SMEs.
“Start-ups play a vital role in driving innovation across the economy, as well as creating 42 per cent of all jobs and contributing to economic growth,” said Tom Symons, principal researcher, policy and research at Nesta. “Nesta has argued that government should recognise this contribution and be a lead customer of start-ups, supporting them to scale and to bringing innovation to public services.”
“We wanted to support this analysis by Spend Network as a means of gauging the support central and local government give to start-ups. The headline finding that only 2.7 per cent of the value of government contracts goes to start-ups suggests that this is a challenging market for them to work in, and that there is more the government could do to support them.”

Sourced through Scoop.it from: www.supplymanagement.com

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Ministers under fire for allowing half of Britain’s police forces to order 3,000 foreign-made vehicles

August 20 in Daily News by eisc No Comments

Ministers are under fire for allowing a multi-million pound contract for thousands of new police vehciles to be handed to foreign car firms which will make them outside of the UK.
The deal is the first time that so many police forces have joined together to buy cars at the same time to try to secure a cheaper deal for taxpayers.
It will see Ford, Peugeot, BMW and Vauxhall provide 3,000 new vehicles worth tens of millions of pounds for over half of Britain’s police forces over the next two years.
Police forces said they were powerless to offer the contracts to British car factories because European Union procurement rules meant they had to go to the cheapest bidder.
Mike Penning, the Policing minister, said he would examine whether more could be done to encourage British police forces to buy British-made cars.
The news has come just as the Metropolitan Police – the country’s biggest force – is running its own procurement process to replace thousands of police vehicles.
The deal – worth £34million – was announced without fanfare last month by West Yorkshire police, which was the lead force in the negotiations. Buying in bulk saved the forces £5million.
The main vehicle supply contract was awarded to Peugeot, while Vauxhall was awarded a separate deal to supply vans using the same process.
It includes for Peugeot’s 208 and 308 cars, and the Partner, which are made in France, BMW’s 3 and 5 series, which are made in Germany.

The Peugeot factory in Sochaux, France
Also included in the deal are BMW’s X5 which is made in Spartanburg, USA and Ford’s Kuga, which is made in Valencia, Spain.
The only British-made cars in the deal are for the Astra 1.6 diesel, made by Vauxhall in Ellesmere Port, and for the Vivaro van, which is made in Luton.
The 22 forces involved in the deal include the British Transport Police, Cleveland, Cumbria, Greater Manchester, Police Scotland, South Wales, Surrey, Sussex and West Yorkshire.
For years British police forces would only buy British cars until concerns about reliability crept it.
But there was controversy when 1965 the Hampshire and Isle of Wight Constabulary put an order for Volvo estate cars from Sweden.
That was followed by a decision by Thames Valley police to order BMW cars in 1972.
Labour criticised the decision pointing out that police and France and Germany are never seen driving around in British-made vehicles such as Nissan’s or Toyota’s models.
Jack Dromey, the shadow policing minister, said Home Secretary Theresa May “must not let London down” and intervene to ensure the vehicles were British-made.
He said: “The Government is guilt of a lamentable failure to use taxpayers’ money to buy British for British bobbies.
“No French police minister would ever buy British cars for French gendarmes. Buying British would also boost British manufacturing.”
Chris Matheson, Labour MP for the City of Chester, accused the Government of “betraying” the British car industry by not buying British-made cars.
He said: “No other major EU country would betray one of its leading industries in this way.”
It was very hard “to go to Germany and find a police car that is not an Audi, a Mercedes, or a Volkswagen or to go to France and find a police car that is not a Peugeot, a Citreon or a Renault”.
Britain is the fourth largest vehicle manufacturer in the EU, producing 1.6million cars and commercial vehicles every year.
Mr Matheson said awarding the contract to Peugeot was a “double insult” because the French car maker had closed its plant near Coventry in 2006, with the loss of 3,000 British manufacturing jobs, and outsourced the work to Slovenia.
He added: “In times of austerity it cannot be right that we are potentially taking millions of pounds of British taxpayers’ cash and posting it across the channel. Does that really represent value for money for British taxpayers?”
“I simply cannot understand why the Government, or other public authorities such as the consortium or police and crime commissioners, are so keen to open the doors to foreign corporate bidders and hand over huge public sums to globalised companies that hold no loyalty to the UK.”
A UK motor industry source said forces were unable to choose to buy British-made vehicles now because of the UK’s literal interpretation of European Union procurement rules.
The source said: “In the old days a lot more police forces tended to buy British.
“Other countries can opt out from EU procurement rules to support their local manufacturers, but Britain does not. In the old days a lot more police forces tended to buy British.”
The National Police Chiefs’ Council, which sets policy on policing matters, said that it could not choose British manufacturers over foreign ones because of EU procurement rules.
David Wilkin, the Council’s lead for Vehicle Procurement and Standardisation, said: “The vehicle purchase consortium contract was awarded after suppliers were invited to bid under European procurement laws.
“The award criteria looked at the whole life cost of vehicles rather than just the purchase price; taking into account ongoing costs such as fuel usage and servicing to ensure police forces get the best value for money.
“The police are committed to getting best value for money for the taxpayer while obtaining high-quality goods and services to keep officers and the public safe.”
A spokesman added that the cars would be converted into police cars in the UK, so that would ensure that British workers benefitted more from the contract.
Mr Penning promised to examine British treatment of EU procurement rules to see whether forces could demand to buy British made vehicles.
But he said: “The key is having the right vehicles for the right people doing the right jobs.”
Mr Penning pledged that more forces will be combining in the future on large procurement programmes to save money.
Mr Penning added: “There remains more to do. That is why I have decided to publish key police procurement information on the prices that forces currently pay for the most common items of uniforms and equipment, like shirts, handcuffs, batons and helmets.”
Manufacturer Model Where are they made?
Peugeot 308 Mulhouse and Sochaux, France
Vauxhall Astra 1.6 diesel Ellesmere Port, UK
Peugeot 208 Poissy and Mulhouse, France
Vauxhall Vivaro Luton, UK
BMW 3 series Munich, Germany
BMW 5 series Dingolfing, Germany
BMW X5 Spartanburg, USA
Ford Kuga 4X4 Valencia, Spain

Sourced through Scoop.it from: www.telegraph.co.uk

Typical misrepresentation of procurement and the EU. the cheapest price has nothing to do with EU procurement rules. It is up to the procurers to decide how they want to carry their procurement. it can be based on price on a waft of other factors which can help or deter local content.

the EU are there to make things fair as much as possible and efficient as well as preventing corruption. It is of course not perfect but the purchase of foreign cars as nothing to do with the EU and the EU procurement rules but more a design fault of the process by the UK procurers / politicians misplacing thoughts in the public’s mind.

As comments reported land rovers are being bought by police forces in Italy and other countries, is that a problem?

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Austria: Court confirms advance effects of the new procurement directives | Briefings | The Lawyer

August 20 in Daily News by eisc No Comments

Austria: Court confirms advance effects of the new procurement directives

11 August 2015

As sufficiently known by practitioners of public procurement law, the transition period for the new Directives on public procurement law 2014/23/EU, 2014/24/EU and 2014/25/EU (“the Directives”), which entered into force in March 2014, will predominantly elapse on 18 April 2016. As the purpose of the transition period is to provide the member states with sufficient time to adjust the national rules to the new directives, member states cannot be accused of not transposing the Directives before the transposition deadline has expired (C-212/04, para 102)…

Click on the link in the title of the article

Sourced through Scoop.it from: www.thelawyer.com

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