The International Procurement Post - Autumn 2024

Brought to you by the International Public Projects and Procurement Group at Bird & Bird.

In Focus

FSR in Public Procurement: An EC’s Success Story?

Since 2024, the European Commission (Commission or EC) has increased its investigative activities under the Foreign Subsidies Regulation (FSR). This article provides a brief overview of the Commission’s latest FSR activities that are relevant for the public procurement sector. We first introduce the concept of FSR in relation to public procurement. Next, we discuss the latest FSR in-depth investigations in public procurement cases, followed by the latest EC guidance. Finally, we conclude that verification under the FSR has become indispensable whenever foreign subsidies or financial contributions are or may be involved when tendering for public contracts.

Read the full story

For more information contact Janneke Kohlen, Sander Wagemakers, or Tialda Beetstra.

Updates from our jurisdictions

United Kingdom

The UK Procurement Act 2023 - Daylight savings

Following much speculation that a delay to the original “go-live” date of the Procurement Act 2023 (the “Act”) may be required, a written statement by the UK Government confirmed that the original date of 28 October 2024 would be pushed back to 24 February 2025. This was recently legislated for by the Procurement Act 2023 (Commencement No 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024 (SI 2024/959) (“Amendment Regulations”). Our article explains the Government’s delay of the Procurement Act to align the new regime with its priorities.

Read the full story

For more information contact Stuart Cairns, Sophia Hussain, or Tom Ward.

Slovakia

Amendment to the Public Procurement Act: Key Changes Effective 1 August 2024

For more than two months now, contracting authorities and public buyers have been operating under the new rules introduced by the amendment of the Public Procurement Act. The Amendment introduces several key changes that impact procurement procedures in Slovakia. This article provides a brief overview of these recent changes, which intend to simplify and expedite procurement processes.

Read the full story

For more information contact Katarína Ondrovičová.

Finland

Updates on the Finnish National Public Procurement Data Repository Initiative

The Finnish National Public Procurement Data Repository Initiative (FI: Kansallinen Julkisten Hankintojen Tietovaranto) is an ongoing initiative led by the Finnish Government and Hankinta-Suomi, and it is focused on establishing a comprehensive, structured database for public procurement information in Finland. Our article outlines the initiative’s objectives, benefits and future steps.

Read the full story

For more information contact Riikka Aarikka.

Germany

Opportunities and pitfalls when including the CO2 shadow price in award procedures under German legislation

In accordance with Section 10 of the Federal Climate Protection Act (Bundes-Klimaschutzgesetz - KSG), the Federal Government submits an annual climate protection report to the Bundestag, which shows the development of greenhouse gas emissions. The report shows that Germany's greenhouse gas emissions continued to fall in 2023. Nevertheless, greenhouse gas emissions are associated with considerable social and economic costs.

Read the full story

For more information contact Guido Bormann, Marcin Bartkowiak, or Johannes Woltering.

Italy

The Council of State rules again on the principle of continuity in the possession of the requirements by economic operators participating in tenders

By the ruling No. 7 of 24 April 2024, the Council of State in the Plenary Session reaffirmed the necessity of the continuous possession of the general requirements by the economic operator taking part in the tender procedure. This includes promptly informing the Contracting Authority of any fiscal irregularities that arise. In this article, we explore the implications of this ruling for public procurement processes.

Read the full story

For more information contact Simone Caddedu, Camilla Triboldi or Chiara Nuzzo. 

Denmark

Sustainable procurement for future data centers and software

This article presents concrete cases and examples of green criteria for sustainable data centers and sustainable software, aimed at minimizing the impact of technology on the environment and ensuring long-term economic sustainability.

Read the full story

For more information contact Tina Johansen.

Belgium

Important Update on Payment Conditions in Public Procurement in Belgium

The Belgian government has implemented significant changes to payment rules in public procurement, effective January 1, 2025. These changes are designed to streamline processes and ensure timely payments to suppliers and contractors. In this article, we detail these key changes and their implications for public procurement contracts.

Read the full story

For more information contact Kevin Munungu.