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Eprocurement Phase II eProcurementRef. Ares(2017)936511 Phase - 21/02/2017II Study on the evaluation of the Action Plan for the implementation of the legal framework for electronic procurement (Phase II) Country Profiles __ European Commission Internal Market Directorate-General Brussels __ Version:.................... v3.1 Page: 1 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II AUSTRIA 5 BELGIUM 20 BULGARIA 36 CROATIA 47 CYPRUS 58 CZECH REPUBLIC 71 DENMARK 83 ESTONIA 97 FINLAND 108 FRANCE 119 GERMANY 132 GREECE 146 HUNGARY 154 ICELAND 163 IRELAND 171 ITALY 182 LATVIA 196 LIECHTENSTEIN 206 LITHUANIA 213 LUXEMBOURG 225 MALTA 234 NETHERLANDS 245 NORWAY 255 POLAND 265 Version:.................... v3.1 Page: 2 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II PORTUGAL 276 ROMANIA 290 SLOVAKIA 300 SLOVENIA 309 SPAIN 319 SWEDEN 333 TURKEY 344 UNITED KINGDOM 357 Version:.................... v3.1 Page: 3 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II Introductory note The information presented in these country profiles has been collected in the course of 2009-2010 by the study team, consisting of Siemens and time.lex, to support their analysis in the “Study on the evaluation of the Action Plan for the implementation of the legal framework for electronic procurement”, conducted for the European Commission – Internal Market Directorate-General. The information was initially collected from pre-existing sources, notably earlier studies conducted on behalf of the European Commission and specific websites operated by the Member States and/or by eProcurement service providers. To improve the reliability and comprehensiveness of the reports, draft versions of these were then sent to public procurement experts in each country, notably the designated members of the eProcurement Expert Group Meeting, who were given the opportunity to provide suggestions for improvement and additional information for their profile. Feedback was received from all countries, with the exceptions of Latvia, Malta, Croatia, Iceland and Liechtenstein. The study team would like to thank all contributors to the reports for their kind cooperation and support. Version:.................... v3.1 Page: 4 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II Austria 1 Summary of the eProcurement situation 1.1 Principal eProcurement platforms & supported functionalities Name Federal Procurement Agency (Bundesbeschaffung GmbH) URL www.bbg.gv.at Supported pre-award phases eNotification eAccess to tender eSubmission eEvaluation and documents award (green=supported; red=not supported) Supported post-award phases eOrdering through eInvoicing ePayment eCatalogues (green=supported; red=not supported) Supported tools DPS eAuctions Buyer’s Profiles (green=supported; red=not supported) Signature / authentication Qualified signatures are required. Austrian signatures based on a citizen card are requirement accepted, as well as a limited number of non-Austrian qualified signature solutions (e.g. Belgium, Italy, Slovenia, etc.) Here are the DG INFSO Benchmarking report scores: Austria is part of the PEPPOL project. The following main platforms have been identified: Platform Name Platform URL Version:.................... v3.1 Page: 5 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II Federal Procurement Agency http://www.bbg.gv.at/ Austrian Register of Tenderers/Contractors - ANKÖ http://www.ankoe.at/ Pep-online http://www.pep-online.at/ Austrian Federal Railways and ASFINAG (Highway Company) https://www.ava-online.at/ Procurement Portal of St Pölten city http://stpoelten.vemap.com/ Federal State of Lower Austria (Land Niederösterreich) http://noe.vemap.com/ Holding of companies of the city of Vienna (Wiener http://wstw.vemap.com/ Stadtwerke) 1.2 Laws and policies 1.2.1 Laws The primary act with respect to public procurement in Austria is the Public Procurement Act 2006 (Bundesvergabegesetz (BVergG), 2006); see http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=2000454 7 1.2.2 Legally supported tools eSignatures: the law requires the use of ‘qualified electronic signatures’ (Qualifizierte elektronische Signatur §43.4 and 204.4). DPSes: supported through §§157ff and 288ff of the BVergG. eAuctions: supported through §§147ff and 281ff of the BVergG. Buyer’s profiles: supported through §§48 and 208 of the BVergG. 1.2.3 Permissibility of using eProcurement §91 (1) and §243 (1) of the BVergG explicitly notes that the permissibility of submitting electronic offers/tenders must be announced at the latest in the procurement publication, and that in the absence of any indications, offers/tenders may not be submitted electronically. Usage of the central framework contracts offered via the portal of the Federal Procurement Company is mandatory for federal agencies for specific goods and services (See Ordinance of the Minister of Finance BGBl II 2001/2008), but several Federal Provinces and a large number of municipalities have joined voluntarily. 1.3 Summary assessment of the national eProcurement status 1.3.1 Strengths of the national situation Version:.................... v3.1 Page: 6 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II Austria has one of the most advanced infrastructures in place with respect to eGovernment in general, including via its eID card (citizen card) initiatives, its eDocuments policies, and its legal framework, which provides a very solid foundation on which eProcurement initiatives can be built. The portal provided by the Federal Procurement Company establishes a very effective eProcurement infrastructure which leverages the impact of framework agreements to realize sufficient savings in a cost effective manner. The portal is accessible to all Austrian administrations and is mandatory for federal bodies, which ensures its impact. 1.3.2 Weaknesses of the national situation Few weaknesses can be identified, with the main observation being that the threshold for security is set relatively high (e.g. with qualified signatures being a basic requirement for eTendering), which may prove to be a barrier for economic operators established in countries which do not have an equally mature infrastructure at their disposal. Version:.................... v3.1 Page: 7 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II 2 Legal and policy framework 2.1 Policy perspective 2.1.1 Responsible bodies The Federal Chancellery (Bundeskanzleramt Österreich) is the body responsible for public procurement policy making and implementation of all EU Directives into national legislation. In addition, the Federal Economic Chamber (Wirtschaftskammer Österreich) coordinates all e- Procurement activities in Austria. The Chamber also initiated the implementation of the er@t tender service, which since January 2003 has been continued under http://www.auftrag.at, a private (100% federal state)-owned e-tendering website (Wiener Zeitung). The Austrian Standards Institute (Österreichisches Normungsinstitut) creates contractual and procedural standards for public e-Procurement (see ONR 12050 from 1.11.2009). Finally, the Chief Information Office/ICT Board creates, coordinates and supports the implementation of e-Government across sectors. It is composed of some member of ministries and a chief information officer1. Federal Procurement Company Ltd. (Bundesbeschaffung GmbH - FPC, www.bbg.gv.at) organizes the field of procurement, excluding works. The Federal Procurement company is a central purchasing body according to Art 1 (10) EU Directive 2004/18/EC, mainly to the federal state administration and may offer its services also to the regional governments and municipalities. Its responsibility lies in realizing a large number of enumerated services and supplies procurements for the federal state defined by a ordinance of the Ministry of Finance, whereas the regional and local levels do not have a central procurement facility and procurement is mostly done by the individual institutions. However, regional governments and municipalities may choose to use the central purchasing body as well2. 2.1.2 Action plans and strategies Advanced action plans in relation to promoting e-government are available, highly advanced and are broadly promoted at the national and European level (see e.g. http://www.epractice.eu/files/media/media2208.pdf), but these Action Plans are not specifically targeted towards eProcurement. 1 Source: http://ec.europa.eu/internal_market/publicprocurement/docs/eprocurement/feasibility/enot- vol-2_en.pdf 2 Source: http://ec.europa.eu/internal_market/publicprocurement/docs/eprocurement/2004-12-country- reviews_en.pdf Version:.................... v3.1 Page: 8 of 369 Issued on: ................ 9 July 2010 eProcurement Phase II The existing general policy documents show that eProcurement initiatives in Austria strongly promote the role of SMEs as stakeholders, including e.g. through the promotion of eCatalogues (see http://www.epractice.eu/files/media/media2208.pdf, p.48 and following). Specifically with respect to the eProcurement system at the Austrian Federal Procurement Company (FPC), policies are much better targeted and are aimed towards leveraging the impact of framework agreements to support eProcurements. The FPC is tasked with negotiating framework contracts and making them available to federal and other administrations. Use of the central framework contracts is mandatory for federal authorities for specific goods and services, but several states (Bundesländer)
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