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«Study on the evaluation of the Action Plan for the implementation of the legal framework for electronic procurement (Phase II) Analysis, assessment ...»

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eProcurement Phase II

Study on the evaluation of the Action Plan for the

implementation of the legal framework for

electronic procurement (Phase II)

Analysis, assessment and recommendations

__

European Commission

Internal Market Directorate-General

Brussels

__

Version:

Issued on:................ 9 July 2010

eProcurement Phase II

GLOSSARY 7

EXECUTIVE SUMMARY 15

1 INTRODUCTION – FRAMEWORK FOR ELECTRONIC PUBLIC PROCUREMENT IN THE EU

PROCUREMENT DIRECTIVES AND GOALS OF THE 2004 EU ACTION PLAN 39

1.1 INTRODUCTION – IMPORTANCE OF EPROCUREMENT IN THE E.U. 39

1.2 THE REGULATORY FRAMEWORK FOR EPROCUREMENT 40

1.3 THE POLICY PERSPECTIVE: THE 2004 EU ACTION PLAN AND THE 2005 MANCHESTER DECLARATION42

1.4 STRUCTURE OF THE EVALUATION REPORT 43

2 APPROACH AND METHODOLOGY OF THE EVALUATION 45

2.1 THE INTERVENTION LOGIC 46 2.1.1 FIRST OBJECTIVE - ENSURE INTERNAL MARKET

A WELL FUNCTIONING IN ELECTRONIC

PUBLIC PROCUREMENT

2.1.2 SECOND - IMPROVE

OBJECTIVE PROCUREMENT EFFICIENCY, GOVERNANCE AND

COMPETITIVENESS

2.1.3 THIRD OBJECTIVE - WORK TOWARDS AN INTERNATIONAL FRAMEWORK FOR ELECTRONIC

PUBLIC PROCUREMENT

2.1.4 SUMMARY TABLE – KEY MEASURES, RESULTS AND IMPACTS 52

2.2 ESTABLISHMENT OF THE ACTION PLAN 53 2.2.1 SUMMARY OF THE INTERVENTION LOGIC PRINCIPLES 53 2.2.2 STATUS OF EPROCUREMENT IN 2004 57 2.2.3 POLICY CHOICES OF THE ACTION PLAN 59

2.3 SUMMARY OF THE IDEAL POSITION AS POSTULATED IN THE 2004 EU ACTION PLAN 63

2.4 METHODOLOGICAL APPROACH

–  –  –

Glossary AES (Advanced electronic signature)

An electronic signature which meets the following requirements:

• it is uniquely linked to the signatory

• It is capable of identifying the signatory

• It is created using means that the signatory van maintain under its sole control

• it is linked to the data to which it relates in such a manner that any subsequent change of the date is detectable.

Attestation A document originating from a party other than the economic operators intended to demonstrate a quality or fact pertaining to the economic operator.

Authentication The corroboration of the claimed identity of an entity and a set of its observed attributes (i.e.

the notion is used as a synonym of “entity authentication”).

CA (Certification Authority) A certification service provider which issues digital certificates for use by other parties. CAs is characteristic of many public key infrastructure (PKI) schemes.

CAN (Contract Award Notice) A document completed by the Contracting Authority and made public after award of a contract.

CC3P (eCatalogue Classification in Public and Private Procurement) CEN Project, its title is “Classification and catalogue systems for public and private procurement” (CC3P) to be carried out within the framework of Workshop eCAT 'Multilingual eCataloguing and eClassification in eBusiness’.

CEN (Comité Européen de Normalisation – European Committee for Standardization) The European Committee for Standardization (ISO’s counterpart and the European entry point to UN/CEFACT). CEN Workshops are open consensus building platforms for contributing to standards, especially in the ICT area, and their product is a CEN Workshop Agreement.

CEN/BII Business Interoperability Interfaces on public procurement in Europe (BII) is CEN Workshop providing a basic framework for technical interoperability in pan-European electronic transactions, expressed as a set of technical specifications that in particular are compatible with UN/CEFACT.

CEN/eInvoicing A CEN Workshop providing an open platform for stakeholder consensus on the implementation of eInvoices in Europe.

CII (Cross-Industry Invoice) The CII is the term for the UN/CEFACT standardised invoice, which is the standardised format proposed by the Expert Group for automated invoice exchange.

CN (Contract Notice) A document completed by the Contracting Authority inviting companies to tender.

Version:

Issued on:................ 9 July 2010 eProcurement Phase II CPB (Central Purchasing Body) A contracting authority which acquires supplies and/or services intended for contracting authorities, or awards public contracts or concludes framework agreements for works, supplies or services intended for other contracting authorities.

Contracting authority State, regional or local authorities, bodies governed by public law, associations formed by one or several of such authorities or one or several of such bodies governed by public law, subject to the European regulatory framework on public procurement.





CPV (Common Procurement Vocabulary) The CPV establishes a single classification system for public procurement aimed at standardising the references used by contracting authorities and entities to describe the subject of procurement contracts.

CROBIES

Study on Cross border Interoperability of eSignatures. Its objective is to propose solutions to remove barriers to cross border interoperability of qualified electronic signatures and advanced electronic signatures based on qualified certificates.

CSP (Certification Service Provider) An entity or a legal or natural person who issues certificates or provides other services related to electronic signatures.

CWA (CEN Workshop Agreement) A CEN Workshop agreement is a standardisation document, developed in a CEN Workshop.

The latter is open to the direct participation of anyone with an interest in the development of the agreement.

Digital certificate A small set of structured data that has been electronically signed by a Certification Authority to bind the identity of a legal or natural person to a 'public key' that can be used e.g. to verify electronic signatures created by that person.

Directive A Directive is a legislative act of the European Union which requires Member States to achieve a particular result without dictating the means of achieving that result. Although obligatory to implement, Directives normally leave Member States with a certain amount of leeway as to the exact rules to be adopted.

DPS (Dynamic purchasing system A completely electronic process for making commonly used purchases, the characteristics of which, as generally available on the market, meet the requirements of the contracting authority, which is limited in duration and open throughout its validity to any economic operator which satisfies the selection criteria and has submitted an indicative tender that complies with the specification.

eCERTIS Public database containing information on (e)Attestations.

Economic operator Generic term for a contractor, supplier or service provider in a public procurement. The terms "contractor", "supplier" and "service provider" mean any natural or legal person or public entity Version:

Issued on:................ 9 July 2010 eProcurement Phase II or group of such persons and/or bodies which offers on the market, respectively, the execution of works and/or a work, products or services.

EDI (Electronic Data Interchange) Electronic Data Interchange refers to the structured transmission of data between organisations by electronic means. It is used to transfer electronic documents from one computer system to another (i.e.) from one trading partner to another trading partner.

EEA (European Economic Area) The Agreement creating the European Economic Area entered into force on 1 January 1994.

It allows the EEA EFTA States (Norway, Iceland and Liechtenstein) to participate in the Internal Market on the basis of their application of Internal Market relevant acquits.

eID An electronic representation of a certain subset of one or more attributes pertaining to an entity. While an entity has only one identity, it may have many electronic identities. It should be noted that eIDs can take many forms, and can be stored on many different types of media.

An electronic identity or eID is not synonymous with an eID card: an eID card is only one of many tokens that can be used to support an eID.

eInvoicing Workshop The CEN/ISSS Workshop providing consensus-based guidance for business on electronic invoicing. Two phases were completed by the end of 2009, and a third phase will follow in 2010.

Electronic attestation / eAttestation A generic term for a dematerialised attestation. See under Attestation.

Electronic auction / eAuction A repetitive process involving an electronic device for the presentation of new prices, revised downwards, and/or new values concerning certain elements of tenders, which occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic evaluation methods.

Electronic invoice / eInvoice A generic term for a dematerialised invoice. See under Invoice.

Electronic Signature or eSignature Electronic signature means data in electronic form which is attached to or logically associated with other electronic data and which serves as a method of authentication.

EPC (European Payements Council) The European Payments Council is the decision making and co-ordination body of the European banking industry in relation to payments. Its purpose is to support and promote the creation of a single euro payments area (SEPA) through industry self-regulation. The EPC defines common positions for core payment services within a competitive market place, provides strategic guidance for standardisation, formulates best practices and supports and monitors implementation of decisions taken.

eProcurement A public procurements initiated, negotiated and/or concluded using electronic means, i.e.

using electronic equipment for the processing and storage of data, in particular through the Internet..

ePPS (electronic Product Property Server) Version:

Issued on:................ 9 July 2010 eProcurement Phase II The ePPS project aims at defining a systematic and generic approach to implement an operational product property server.

The ePPS project will deliver a CEN Workshop Agreement (CWA) on «Guidelines for the design, implementation and operation of a product property server». These guidelines will be drawn on the basis of data tested mainly in two industrial sectors - heating, ventilation, airconditioning, sanitary-ware (HVAC) and optical - and then extended to other industries.

e-PRIOR (eInvoicing and eOrdering Pilot) Project established within the Commission to produce business requirements for eInvoicing systems in a public procurement context and cross border environment and set up an eInvoicing and eOrdering pilot to be used by DIGIT and some of its suppliers.

ERP (Enterprise Resource Planning) An ERP is an integrated computer-based system used to manage internal and external resources including tangible assets, financial resources, materials, and human resources.

FTP (File Transfer Protocol) FTP is a standard network protocol used to copy a file from one host to another over a TCP/IP-based network, such as the Internet.

Framework Agreement An agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged.

GPA (Government Procurement Agreement) The GPA establishes a set of rules which (a) govern the procurement activities of its Parties and (b) enable the Agreement to function as an international one.

IDABC Interoperable Delivery of European eGovernment Services to public Administrations, Businesses and Citizens. A Commission programme developing recommendations and, solutions and providing services helping European public services to communicate electronically.

Interoperability A property referring to the ability of diverse systems and organisations to work together (interoperate). The term is often used in a technical systems engineering sense, or alternatively in a broad sense, taking into account social, political, and organisational factors that impact system to system performance.

Invoice The invoice is a document or a data set marked with the word ‘invoice’, formally specifying details of a (or part of a) trade and all settlement related information for the (or part of the) trade, explicitly and separately stating the applicable tax.

ISO (International Organization for Standardization) Organisation developing international standards and other types of normative documents.

ITT (Invitation to Tender) A call for bids or call for tenders or invitation to tender (ITT) (often called tender for short) is a special procedure for generating competing offers from different bidders looking to obtain an award of business activity in works, supply, or service contracts.



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