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Index
1. Objectives of the Guide 2. Intended Audience 3. Concept and stages o eProcurement 4. Level of implementation in Spain and Europe 5. eProcurement benefits 6. Legal framework 7. Signature and electronic ID as guarantee 8. Security and interoperability as a basis for eTrust 9. eProcurement and eTendering Buyer profile Electronic notifications and certifications The procurement process Tenderers registry The electronic auction Types of electronic platforms State Procurement Platform
Intended Audience
The guide is addressed to two groups of participants in public procurement processes. PUBLIC ADMINISTRATION PROVIDER COMMUNITY
REGIONAL ADMINISTRATION
LOCAL ADMINISTRATION
TENDERERS
DEPENDENT ORGANIZATIONS
eProcurement includes the introduction of electronic procedures to support the various stages of the procurement process, ie, publication of notices, provision of specifications, tendering, evaluation, awarding, ordering, invoicing and payment. Green Paper on expanding the use of e-Procurement in the EU
Publication
Send Tenders
Evaluation of tenders
Winner selection
Procurement
Order
Invoicing
According to official data published by the National Observatory of Telecommunications and Information Society (ONTSI) under the Ministry of Industry, Tourism and Trade in 2010:
9% of companies in Spain use Internet to submit their tenders. 13% of EU companies use Internet to submit their tenders.
Source: Eurostat
s.d 0 - 10 % 10 - 11 % 11 - 14 % 14 - 16 % 16 - 32 %
eProcurement Benefits
Time reduction in preparation process Reduction of the resources involved. Increase in the number of competitors. Reduction of the administrative costs. Increasing awareness of procurement opportunities. Increased security of files. It helps the access of small and medium business. Full accessibility to the procedures. Centralized comunications Improve integration and cohesion of EU markets.
Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
The implementation of eTendering and eProcurement system requires consideration of two regulatory blocks: The report on Procurement, headed by the Law 30/2007 on Public Sector Contracts.
MBITO ESTATAL
Law 31/2007
of Contracts in the water, energy, transport and postal services
RD 1671/2009
Regulations implementing the LAECSP
Law 34/2010
Amendment of Law 30/2007, 31/2007 and 29/1998
The report on eGovernment, headed by the Law 11/2007 on Electronic Access of Citizens to Public Services.
Instruction EHA1307/2005
Use of electronic means in procurement procedures
Ordinances and Decrees of the use of electronic means for the administrative procedure
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During the tender and eProcurement process is essential the use of electronic signature certificates that guarantee the following requirements:
All administrative act that has legal effect in the procurement process must be properly signed by a certificate of recognised electronic signature . If it is not used, the acts will not cause legal effects.
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CONFIDENTIALITY
AVAILABILITY
INTEGRITY
TRACEABILITY
AUTHENTICITY
DATA RETENTION
All principles are properly organized in three main areas that should be checked and if necessary, implemented in the system:
ORGANIZATION LEVEL
OPERATIONAL LEVEL
PROTECTIVE MEASURES
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Interoperability should be analyzed from three perspectives: Organizing: ability of institutions and processes to achieve mutually agreed achievements. Semantic: the information exchanged can be automatically interpretable and reusable. Technical: Interaction of technological systems (interfaces, interconnectivity, data integration and services).
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Buyer profile
What is this?
It is the set of information on the procurement activities of different public authorities that is available to interested parties (especially the tenderers) with easy access through Internet, in order to ensure transparency of the contracting activity that the entity carries out. Tenders called by the Public Administration. The composition of the procurement board. The expert committee composition. What does it contain? The award of contracts. The signing of contracts. The conclusion of contract framework agreements. The statement to keep the effects of a contract previously declared null and void by the contracting authority. All information that could increase the openness of the procurement process. Where is it published?
STATE PUBLIC SECTOR
STATE PROCUREMENT PLATFORM
OTHER GOVERMENTS
VIRTUAL BRANCH
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: The article 27 of Law 11/2007, allows the government to establish as mandatory the use of the electronic channel as a medium of communication, provided that the following requirements are met: Be previously authorized by regulation. That tenderers are legal persons or groups of individuals, clearly defined. That tenderers have enough conditions, economic, technical, professional dedication or otherwise credited to the use of electronic media. That tenderers have guaranteed access and availability of technological media.
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From the point of view of eProcurement process, it presents two essential stages in which both the technical elements, such as legal, are very important.
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The process begins with the publication of specifications through the buyer profile of each public administration. In the case of organizations members of the Central Government, they have to publish it in the State Procurement Platform.
Publication
Contractor Profile
Tenderers may request clarification on conditions and submit tenders. To do this, they must use electronic signature certificates and time stamps to guarantee the identity, integrity and authenticity of acts. After the deadline for submitting bids, proceeds to constitution of the evaluation team. Then, the electronic opening offers start.
Clarifications Submision of tenders Confirmation of receipt Constitution of procurement table
eNotifications
Receipt electronic
Minimum quorum
Opening envelopes
Time Stamp
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Opened the bids, the procurement board will begin to perform the evaluation of the same, being requested the correction of errors if it was necesary. After the correction, the procurement table will make the award of contract to the tenderer that better meets the requirements previously established in the specifications, completing the procedure with the signing of the contract.
Assess of tender
Rectifications eNotifications
Award
Signing of contract
Objetive criteria
Remediable Unremedied
eNotification
Biding Especifications
After the award of contract, the management and execution phase begins, centered largely on the internal management of the tender dossier. This phase will include the modifications, terminations, transfers and / or subrogation of the contract that could occur during its execution.
Internal area of the contracting management
After this phase, and out of scope of the established by Law 30/2007 (except for the provisions of Final Provision.9 ) begins the stage of electronic invoicing, archiving and custody of dossier. At this stage, it is mandatory to use time stamp and electronic signature certificates to ensure compliance with ENI and ENS, as well as technical standards for interoperability.
eProcurement
Management of files
Manage the relationship between the tenderers and Public Administration, once awarded the contract Interconnection
eInvoice
Register of tenderers
What is this?
It is a tool to ease, simplify and streamline the legal procedures for the award of public contracts. All companies registered in the Register of Tenderers are not required to provide documentation about their legal ability.
The register of tenderers allows recognition in front of all bodies in the procurement public sector, unless proved otherwise, the qualifications of the entrepreneur in relation to: Legal capacity What does it contain? Capacity to exercise rights Representation. Professional and business competency Economic and financial solvency. Classification. Existence or not of any of the prohibitions for contracting.
Who is responsible?
PUBLIC SECTOR
ROLECE
OTHERS REGISTRIES
REGIONAL REGISTRIES
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Electronic auction
It is a specific process for submission of financial bids, revised downwards, which allows the automatic classification of the results. It is not a new procurement procedure itself, but a way to carry out certain procurement procedures.
What is this?
To have a platform or electronic tool that allows the automatic assessment (without human intervention) of tenders submitted. Requirements Explicitly included in the tender conditions the items listed in Article 132.4 of Law 30/2007. To publish the notice, expressing that the procedure used will be the electronic auction.
SECTOR PBLICO
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DESADVANTAGES Expensive. Long-term implementation. Own specialized staff (SW development and legal). Requires physical infrastructure. Dependency of external provider. Requires physical infrastructure. Inability to reuse. Difficult integration with other systems. Full dependence on an external provider. Relocation of information and loss of control. Inability to reuse.
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High adaptation to the specific needs. Full control of functions. Easy integration with other systems. Enables the reuse by others.
PLATFORM CUSTOMIZED
Lower cost (license). Shorter time for implementation. Maintenance carried out by qualified personnel. Higher guarantees of operation (tested). Low cost.
LICENSED PLATFORM
Short-term implementation. High Scalability. Integral services (accommodation, medical user, maintenance, update).
Tenders called by the Public Administration. The composition of the procurement board. The expert committee composition. What does it contain? The award of contracts. The signing of contracts. The conclusion of contract framework agreements. The statement to keep the effects of a contract previously declared null and void by the contracting authority. All information that could increase the openness of the procurement process.
CONTRACTING AUTHORITIES OF THE STATE PUBLIC SECTOR
They are required to integrate fully into the State Procurement Platform (PLACE), manage and disseminate their contracts exclusively through this
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Get the electronic signature certificates to participate in processes of tendering and eProcurement. Apply for registration in tenderers registry Issue electronic invoices Have electronic signature certificates issued in states where we are going to tender electronically, while there is no centralized system for the automatic verification of the certificates issued from other states. Require to the public authorities that they issue certificates or electronic receipts, that they are duly signed to ensure the presentation of the documentation associated with procurement processes, as well as the exact time of the presentation. Promote among their employees to use information technologies.
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