PUBLIC PROCUREMENT LEGISLATION AND PRACTICE - EXPECTATIONS AND HOPE

As the Members of the G30 will be aware the G30 has devoted considerable attention over the past two years to the issue of Public Procurement and, in particular, to the related topics of PPP (Public Private Partnership) and DBFM (Design-Build-Finance-Maintain), two fashionable methods largely used by public authorities these days, which raise serious concern for architects.

Several activities were carried out by the G30 in this field, which should be highlighted:

 

  • The event held at the Solvay Library in October 2011 - which gave an opportunity to express the concerns of the G30 in front of e.g. Members of the European Parliament and to raise the profile of the G30;
  • The steady efforts of the G30, with the assistance of competent lawyers, to promote the views of architects and engineers in a united front vis-à-vis the operator chosen by the Flesmish Government, Fortis Real Estate for the construction of schools (see the special article in this issue of the Newsletter);
  • The Lunch Discussions held with the Flemish Bouwmeester, Peter Swinnen, the Maître Architecte of the Brussels Capital Region, Olivier Bastin and Chantal Dassonville, Architecture Department, Deputy General Director at the Fédération Wallonie Bruxelles;
  • The co-operation with the AR-CO Insurance Mutual and the ORI (Engineers) on the occasion of the 50th Anniversary of AR-CO.

In this regard it is worthwhile giving a special mention to the legislative process towards the adoption of the new EU Directive on Public Procurement repealing the Directive 2004/18/EC.  This Directive is now expected to be adopted in plenary sitting only in April 2013 (single reading in ordinary procedure, ex-codecision procedure), with a delay of several months.

 

As indicated in the previous issue of this Newsletter (October) there seemed to be broad agreement across the political groups to foster the use of the most economically advantageous tender-MEAT i.e. giving more weight to quality and sustainability criteria.  The lowest price approach would be strictly limited.

After a long process whereby more than 1,500 amendments have been tabled, the Co-ordinators of the various Political Groups were reported to be close to reaching a consensus on the main, compromise amendments.

From what had transpired at the time of writing this article the Co-ordinators of the various Political Groups were reported to be close to reaching consensus on the main, compromise amendments to the draft report prepared by Marc Tarabella, Belgium (S&D Group, Alliance of Socialists and Democrats) so that the IMCO Committee (Internal Market & Consumer Protection) of the European Parliament was expected to vote during its meeting on 17-18 December for the adoption of the report.  Further, more detailed information will be provided to the Members of the G30 as soon as it becomes available.

 

 

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