Reciprocity for greater fairness and quality in public tenders
Time and again, products are offered in public tenders that are not produced in the EU. This is not necessarily a bad thing, but in some cases it leads to distortions of competition and doubts about the comparability of tenders. On the basis of EU Directive 2014/25/EU, contracting authorities in the EU can reject tenders for water, energy and transport infrastructure with goods from non-EU countries.
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Public clients have very strict regulations and standards when tendering and awarding contracts for services.
In addition, they want the highest quality and reliability of products, but also of the supplies and manufacturers behind them, especially for public infrastructure. EU public procurement law makes it very easy to exclude tenders for goods from third countries if they do not fulfil certain minimum criteria.
While the EU has largely opened up its public procurement markets to companies from third countries, many of these countries do not grant European companies comparable access or are all too often excluded from these foreign markets.
EU contracting authorities in the water, energy and transport sectors can therefore reject bids from non-EU countries in tenders for the supply of products in accordance with EU Directive 2014/25/EU if the proportion of goods originating from non-EU countries exceeds 50%.
This directive has been transposed into the national law of all member states, for example in Germany with Section 55 of the Sector Regulation (SektVO).
Contracting authorities that exclude such tenders can therefore
- Ensure reliable European production & security of supply
- Request suppliers to disclose the origin of their products right from the start
- Create comparability, quality and fairness between suppliers
Contact us if you need information for your tenders.
