discriminatory practices in public procurement of ict - putting figures on the map
TRANSCRIPT
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?
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
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
https://slides.com/maeligLink to Procurement Reports