Purpose

To provide clear and documented guidance to procurement practitioners on the choice of the tender methods taking into consideration the type, value and risk of goods, services and works to be procured.

Description

A criteria to select the appropriate tender method provides clear guidance to procurement practitioners and enforceable rules to monitor for divergence of acceptable practices. The criteria should be consulted by procurement practitioners during the pre-tendering phase of the procurement cycle based on the results of the needs assessment and information collected using market surveys. Exceptions to competitive methods such as direct purchase or negotiated procedures are more vulnerable to bias, fraud and corruption. The use of non-competitive methods should be regulated and clearly defined within the legal framework to provide a supporting environment limiting the risks to integrity.

In considering the appropriate tender method, attention may go beyond the transparency and competitiveness of the process. Consideration may be given to the potential benefits and additional costs (time and money) associated with using single or multiple stage tenders, whether the tender process should focus solely on price or other dimensions, or whether other instruments like framework agreements may suit the public organisation better.

Accelerated public tender methods establish alternative procedures to operate during times that demand enhanced flexibility, responsiveness and accountability by public organisations. There are two types of accelerated procurement: emergency procurement and non-emergency accelerated procurement (see Box IB.2). Justification of the use of accelerated procedures is necessary regardless of the time pressures on public organisations to procure the necessary goods, services and works. (See guidelines for accelerated procurement procedures.)

The European procurement directives (Directive 2004/17/EC and 2004/18/EC) establish harmonised criteria for choosing procurement procedures. They establish a thresholds by procurement type (i.e. supplies, works or services) above which the tender must be published in the Official Journal of the European Union (OJEU). According to the directives, exceptions to competitive procedures may be permitted when a tender can only be assigned to particular supplier because of specific and justified technical requirements. 

Further reading

European Commission (2004), Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 Coordinating the Procurement Procedures of Entities Operating in the Water, Energy, Transport and Postal Services Sectors.

European Commission (2004), Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the Coordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts.