Discriminatory practices in public procurement of ICT - Putting figures on the map

Discriminatorypractices in public

procurement of ICTPutting figures on the map

Discrimination inpublic procurement of

IT leads to...Vendor lock-in ;Higher expenses ;Loss in control and flexibility ;Market distortions.

How do youmeasure

discrimination?

CC BY-SA 3.0 Gothika

Our shadows on thewall of the cave :

brand name references

What the law says

“ Unless justified by the subject-matter of the contract, technical specifications shall

not refer to a specific make or source, or a particular process which characterises the

products or services provided by a specific economic operator, or to trade marks, patents,

types or a specific origin or production with the effect of favouring or eliminating certain

undertakings or certain products. Such reference shall be permitted on an exceptional

basis, where a sufficiently precise and intelligible description of the subject-matter of the

contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by

the words ‘or equivalent’.

Directive 2014/24/EU (and before that Directive 2004/18/EC) :

Our methodologyExtracts of tender notices posted on TED ;“Software package and information systems” ;3 months period ;Usually around 600-900 tender notices ;Full methodology & detailed resultsavailable upon request.

here

Findings

Taking a closer look

What brands?

Which countries?Proportion of tender notices with a discriminatory impact, by countries, in percentage

CC BY SA 3.0 Uwe Kils

A fewrecommendations

Don't use brand name references (obviously),but don't limit yourself to removing them !Prefer using Open Standards ;Education, education, education ;Look at and learn from what is happening in

.other administrations

mael@openforumeurope.org

https://slides.com/maeligLink to Procurement Reports