Focus on computing

In the meantime, Belgium had bread on the table. Another major challenge will be to impose a situation where electronic public markets are common. This must be transposed by 2018 at the latest and its objective is to simplify the relevant administration. Less paperwork and more savings. According to the European Commission public entities which have already opted for this system would reduce their spending by 5 to 20%.

Knowing that the total volume of public markets on the old continent is estimated at more than 2,000 billion Euros, a decrease of 5% would make it possible to make savings of 100 billion Euros per year. “Or the equivalent of the price of constructing 150 large hospitals”, according to the Commission. This would be ideal… However general application is undoubtedly not for tomorrow: only 5 to 10% of contracting procedures are currently electronic.  

It seems that wherever things are entirely done ‘by computer’, the participation of SMEs increases. It remains to be seen whether these computer regulations will not be seen to be too difficult for the managers of small and medium-sized companies who often need to be in two places at once and who do not have the time to become familiar with new procedures.

Belgium probably has less to worry about than other member states. The flat country is often considered as a pioneer in the domain of public markets. For example in the 1990s, the possibility of being able to ‘reserve’ contracts for the social economy was designed. This principle makes it possible to open up offers only to social enterprises under certain conditions, particularly when these employ a majority of disabled workers or when they are active in the area of reinsertion.  
Reserved markets have since become generalized by a European directive.

Another Belgian innovation that is in force today throughout Europe is the competition negotiation procedure which allows an adjudicating power to attribute contracts that are less than 300,000 Euros without publishing a procurement notice, but by soliciting at least three companies then making a choice between the valid offers by the tenderers.  

For some time now, Belgium has also been testing (even though it is not the initiator) le ‘competitive dialogue’ for two prestigious projects. The completion of the eco-neighborhood of Coronmeuse in Liège and the Neo project (renamed Europea), the refurbishment of the Heysel area of Brussels. A contracting procedure reserved for complex dossiers which encourages discussion with tenderers with the objective of specifications that will result in a solution that can meet the needs of the adjudicating body. This is a very complicated procedure, notes the lawyer. “This is sometimes criticized because there is a risk that one of the two candidates could have their good ideas stolen without being awarded the contract”.

To continue to be at the cutting edge, perhaps Belgium could think up innovative solutions concerning a part of the innovation market and the specific procedures that must be applied to it and the problem of integrating copyright on the other hand. Currently these are two weak points in the eyes of Ann Lawrence Durviaux, which must be taken on board by Europe. Ten years down the line we will see what the new directives have in store for us…