TED - Tenders Electronic Daily The role of the Publications Office in public procurement Mindaugas Paulavicius Paolo Menon Publications Office of the European Union - TED Unit [email protected] Journalismfound.eu Data Harvest + Conference
2 of 25 The role of the Publications Office in public procurement Introduction - TED Unit Legal Background -EU public procurement legislation Supplement to the Official Journal of the EU (OJ S) Overview TED website Standardisation Efforts
3 of 25 TED Introduction Public Procurement Responsibilities n DG MARKT – Internal Market § Public procurement policy • Public procurement directives • Standard forms • CPV – common procurement vocabulary http://ec.europa.eu/internal_market/publicprocurement n Publications Office Mandate: publication of public procurement notices § Publication process • TED - Tenders electronic daily http://ted.europa.eu/ • XML version daily for registered users • DVD-ROM OJS weekly § XML messages definition • Based on the Public Procurement Regulation (standard forms)
4 of 25 TED Introduction Public procurement notification in the EU 1978: First paper version of the Supplement of the Official Journal 1983: First version of TED 1998: paper version of OJ S is replaced by a daily CD-ROM (with legal value) 1999: TED website is free of charge 2002: new TED website 2004: new EU legislation and a total of 20 languages of publication 2005: introduction of forms conformed to the new directives on public procurement 2007: publication in 23 languages 2010: CD-ROM replaced by a DVD 2013: publication in 24 languages 2014: new legislation on public procurement and free open access to daily editions in XML
5 of 25 TED Introduction Public procurement notification in the EU n Around 1,700 public procurement notices are published daily on the TED website; n 5 editions per week; n More than 440,000 notices published in 2013; n More than 100,000 registered users; n More than 58 million document viewed in 2013; n 24 official languages. Obligation to publish in all official languages
6 of 25 Legal background European public procurement legislation Directives of the European Parliament and of the Council § Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts Text with EEA relevance § Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC § Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC § Directive 2009/81/EC of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Defence Directive) http://ec.europa.eu/internal_market/publicprocurement/legislation_en.htm
7 of 25 Legal background European public procurement legislation Commission Regulations establishing standard forms and thresholds Standard Forms • Regulation (EU) No 842/2011 of 19 August 2011 establishing standard forms for the publication of notices in the field of public procurement and repealing Regulation (EC) No 1564/2005 Thresholds • Commission Regulation (EU) No 1336/2013 of 13 December 2013 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the awards of contract
8 of 25 Legal Background Publication of notices • Notices are published in the Supplement to the Official Journal of the European Union (OJ S) • The Common Procurement Vocabulary (CPV) is used to translate titles of the notices and streamline search requests • OJ S is available in an exclusively electronic format on: - TED – Tenders Electronic Daily, www.ted.europa.eu in PDF and XML format for registered users; - DVD-ROM: published once a week.
9 of 25 Legal background What has to be published • Notices from the Public Procurement Network* countries - Public works, supplies and services - Utilities contracts (water, energy, transport and telecommunications sectors) • Notices from the EU institutions, agencies and other bodies - Public works, supplies and services - Call for expression of interest - Annual list of contractors • Projects financed by - European Investment Bank - European Investment Fund - European Central Bank - European Bank for Reconstruction and Development - External Aid and European Development Fund (ACP countries) ________________ *EU member states, candidate countries, EEA countries, and Switzerland
10 of 25 Legal background Contract value thresholds currently valid The total public procurement in the EU is estimated at about 20% of its GDP or almost 2,4 trillion euro. “All public notices of tenders above certain contract values which legally have to be made public according to EU directives and other public regulations” - To be published in the Supplement to the Official Journal (OJS) Nature of contract Threshold Public works contracts / Concessions 5,186,000 EUR Social services 750,000 EUR Public services – supply, service contracts and design contests 414,000 EUR Supplies and Services awarded by sub-central contracting authorities 207,000 EUR Supplies and Services awarded by central government authorities 134,000 EUR
11 of 25 Legal background Use of standard forms n As of 1 May 2002 § The use of the standard forms for the submission of notices for publication in the Official Journal S became mandatory § Standard forms available on SIMAP http://simap.europa.eu/ § Compliance of forms is required • Decision endorsed by DG-MARKT • Non compliant notices are not published • the notices submission either via TED eSenders and or through eNotices is encouraged
12 of 25 Supplement to the Official Journal of the EU Who publishes? Government Procurement Agreement countries 0.60% Other 0.08% European Economic Area countries 1.68% Member States 96.14% EU institutions & other International organisations 1.43% Candidate countries 0.06% Acceding countries 0.01%
14 of 25 eNotices XML TED Contracting authorities Production system External sub- contractor PDF, XML XML export Licence holders DVD-ROM TED eSenders XML E-mail PDF Fax PDF Post PDF Suppliers Check- in Legal archive Supplement to the Official Journal of the EU Publication Process
15 of 25 Supplement to the Official Journal of the EU How are notices received? n Notices for publication can be sent to the Publications Office: § by e-mail § by fax § by post to [email protected] § via eNotices http:// simap.europa.eu/enotices/ § via TED eSenders 96 • by e-mail 18 • by fax 28 • by paper 718 • via eNotices 728 • via TED eSenders 1.588 Notices received Daily average 5,4% 94,6 % (figures: Average Jan 2014)
16 of 25 Supplement to the Official Journal of the EU Publication time Notices are published: • In 12 days if received: - By traditional means (post, fax and e-mail) - From the European institutions (translated fully) • In 5 days if received in XML format from TED eSenders or via eNotices. - Also procurement notices using accelerated procedure, corrections, and supplementary indications
17 of 25 Supplement to the Official Journal of the EU Procurement notices • About 1.5% of the published notices come from EU institutions and these documents are fully translated in all the 24 official EU languages • All the other notices, from the Member States, are presented fully in an original language and short summaries of them are translated into other languages, using predefined labels and CPV.
18 of 25 Overview - TED website Main features The main features of the TED website are as follows: • The Browse function, which enables you to get the required information on a topic, for example By business opportunities, By business sector (CPV), By place of delivery (NUTS) and By heading; • The Search function, which helps you to set various search criteria for obtaining specific documents and includes a Quick search, Standard search and Expert search; • The Search result function, which allows the documents which fulfilled the search criteria to be displayed in the result list and permits subsequent navigation of these documents; • The Saved search profiles feature which enables you to save up to 25 search profiles; • Customizing Preferences, which enables you to control aspects such as Number of items per search result page, Statistics mode, etc; • Accessing documents from the TED database via HTML requests for external users, based on the EUR-Lex UDL specification; • The Bookmark feature, which enables you to create a bookmark for a selected document if you would like to return to it later from your web browser; • Subscribing and receiving documents through RSS feeds, News alert, etc.
19 of 25 Overview - TED website Main Advantages TED spreads information to a wider audience, assures the transparency of public contracts, and eliminates discrimination in the award of public contracts. TED reduces time delays and cuts costs. It is available - 7 days/week, 24 hours/day - free - in all the official languages of the EU Updated five times a week with approximately 1700 public procurement notices
20 of 25 Standardisation Standardization efforts for public procurement • Objective: - Create a common XML message definition for all procurement operators - Based on the content of the EU official forms • CEN (European Committee for Standardization) (BII2) - eNotification Working Group • UN/CEFACT - United Nations Centre for Trade Facilitation and Electronic Business - Legal Notice Publication project
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