The substantial change in roles and responsibilities and the growing multitude of actors involved in defining green public procurement policies and their implementation reflect a change in the way public procurement is viewed. From being seen as an administrative function, it is now being used as a strategic tool to achieve wider policy objectives. It is therefore important to strengthen collaboration among key stakeholders to improve the management of environmental procurement policies. In France, it is essential to strengthen the procurement function in the broadest sense as a strategic function to enable it to respond to these environmental challenges. This will also require greater access to environmental expertise to enable procurers to take environmental considerations into account throughout the procurement life cycle.
Promoting Strategic and Green Public Procurement in France
Abstract
The International Labour Organisation states that sustainable development is only possible with the active participation of the world of work. Governments, employers and workers are agents of change, capable of devising new ways of working that preserve the environment, eradicate poverty and promote social justice, by encouraging sustainable enterprises and creating decent jobs for all. (OIT, 2016[1]) In order to achieve the objectives of France's environmental policies, the procurement function needs to be strengthened by streamlining it and making it more attractive.
3.1.1. A recognised procurement function, but wide disparities in status and a lack of clarity about its role in achieving environmental objectives
All OECD countries are increasingly using public procurement as a strategic tool to help achieve public policy objectives (PPOs) such as sustainable development, and in particular environmental protection and the fight against climate change. The pursuit of these objectives must, however, be assessed against the overarching principles of public procurement, which are the acquisition of goods and services necessary to fulfil the public authorities' mission in a timely manner, at least cost and with efficiency.
As a result, the task entrusted to public procurers is becoming increasingly complex, requiring trade-offs and a growing diversity of skills and knowledge. This is why the procurement function is receiving more and more attention in OECD member countries. In 2020, 38% of OECD countries recognised the procurement function as a standalone profession (see Figure 3.1). France has been one of these countries since 2017, when the State civil service (permanent and contract staff) included procurement job profiles in the interministerial directory of State jobs. (Ministère de la transformation et de la fonction publiques, n.d.[2]).
Note: Data for Canada, Iceland, Luxembourg, and the United States are not available. As of 2024, Australia recognises public procurement as a standalone profession with the launch of the new Procurement and Contract Management Profession. Costa Rica is included as an OECD member as of May 2021. Among non-OECD members, Indonesia recognises public procurement as a professional task, while this is not the case in Peru and Morocco
Source: 2020 OECD Survey on the Professionalisation on Public Procurement
By purchasing responsibly and sustainably, public bodies can not only contribute to economic growth and job creation, but also improve social well-being and protect the environment while optimising available resources. (OECD, 2023[3]). It is therefore important to ensure that an appropriate procurement organisation is in place, with the resources and skills to meet these objectives.
A lack of harmonisation of job profiles within the procurement functions among State procurers
In France, the organisation of the State's procurement function varies according to the actors involved. State procurement is carried out by the Ministries and their decentralised departments, as well as by their public agencies and bodies (excluding defence and security procurement). These staff are subject to different statuses depending on whether they are employed in a Ministry or in a public agency or body. Within Ministries, procurement staff are either permanent or contractual civil servants, whereas for public agencies and bodies, procurement staff may also be employed under private law (see Figure 3.2).
In addition to the civil service, certain public service missions are carried out by public bodies that are not part of the civil service, by private bodies financed by public authorities, and by public companies (La Poste, SNCF, RATP, EDF, GDF, Aéroports de Paris, etc.). These organisations are all subject to the French Public Procurement Code. (Ministère de la transformation et de la fonction publiques, 2023[4]).
Source: Author
In 2017, the interministerial directory of State jobs included five reference jobs (procurement manager, procurement officer, procurement engineering adviser, procurement drafter, supply officer). (Ministère de la fonction publique, 2017[5])).
This directory has evolved with the introduction of the directory of job profiles common to the three levels of the civil service (for State, local, and hospital levels), which includes a description of each procurement job. This directory now contains 13 procurement-related job profiles (see Table 3.1).
Although the directory has been revised to include a greater number of job profiles, there is still no clear link between them. For example, the purchasing manager, purchasing manager - public procurement and public procurement manager have similar skills and activities. The job of purchasing manager - public procurement is distinguished by a broader scope of skills, as it implements the procurement policy of its public sphere of reference, whereas the purchasing manager implements the procurement policy of his or her own organisation. The public procurement manager, on the other hand, focuses more on the legal aspects of public procurement, and is responsible for ensuring compliance with regulations.
The same ambiguity emerges from the comparison between the specialised procurer, project procurer, multi-skilled procurer and IT or works procurer, where the four job profiles have a common set of skills. An IT or works procurer has the same skills as a specialised procurer, as both will focus more on a particular purchasing category. In addition, the difference between a project procurer and a multi-skilled procurer is difficult to distinguish. (Ministère de la transformation et de la fonction publiques, n.d.[2]) Consideration could therefore be given to the use of the various job profiles in the directory by employers, with a view to proposing a clearer structuring of the career opportunities.
The survey carried out by the OECD also provides some interesting information on the distribution of State procurers across the various job profiles in the procurement function. It shows that there is a high concentration in certain procurement job profiles (68% of respondents are either procurers or procurement managers). It also reveals difficulties in identifying the job profile to which the personnel belong (11% of respondents) and the complete absence of certain jobs despite the representativeness of the sample surveyed (see Figure 3.3).
Note: Responses from 555 respondents.
Source: (OCDE, 2024[6])
In addition, it seems that the public authorities themselves do not necessarily take account of the typology of the procurement function, as the job postings for certain positions to be filled within Ministries do not refer to the civil service directory. In addition, many procurers hold a different position or belong to a different civil service category before joining the procurement function (finance, law, IT, etc.). This raises the question of the clarity of potential career progression, in the procurement function as in the civil service in general. The DGAFP, in collaboration with the DAE, could therefore undertake an analysis of the careers and skills of procurement officers, which could lead to the identification of transferable skills between different branches of the State civil service and help to clarify the relationship between the various job profiles in the directory.
Conduct a census of the State's procurers to better manage the professionalisation of the function
To carry out effective and targeted professionalisation actions (including in the field of green procurement), it is necessary to have a certain amount of data regarding the procurement function. The Council's Recommendation on Public Service Leadership and Capability recommends that its adherents develop a long-term, strategic and systematic approach to human resources management, based on evidence and inclusive planning that relies on an evidence-based assessment of the skills needed and the skills available to meet the organisation's current and future needs, using data on human resources and the workforce for strategic and predictive analysis, while taking all necessary steps to ensure the confidentiality of the data. (OECD, 2019[7]) This data can be used, for example, to develop guidance documents, a structured training programme and practical tools tailored to the procurement function. This data can also be used to consider the implementation of effective management and career development strategies.
In France, there is no exhaustive data on the procurement function. The DAE and the Directorate General for Administration and the Civil Service - DGAFP (for the procurement function within the civil service) do not currently collect such data. The DGAFP does, however, publish annual key figures for the civil service, listing the number of employees by type of civil service (State, local authorities, hospital), by working hours, by place of employment, as well as salary figures, but the data does not include an analysis by job category.
Some countries have decided to create databases to list all civil servants, beyond the procurement function. This type of database includes, at the very least, the number of procurement agents by profession or family of professions. Other, more advanced systems may include information related to the level of training, years of experience, etc. (OECD, 2023[3]) In Australia, for example, the Australian Public Service (APS) provides a statistical overview of the APS workforce employed under the Public Service Act of 1999. It provides key indicators on the workforce as of 31 December 2023 and trends since 2004. Similarly, in the United States, the FedScope platform lists government employees at the Federal level on the basis of a number of indicators, including the professions of the various employees (see Box 3.1).
Australia
The APS Job Family Framework (the Framework) was established in 2010 for the purposes of collecting, analysing and comparing information on the type of work performed across the APS. The Framework is a workforce segmentation tool used for workforce planning purposes. It outlines an occupational grouping for the APS. Occupations talk about the type of work performed. They are a way of defining and grouping roles that require the performance of similar or identical sets of tasks. The Framework can be used to assist in undertaking benchmarking, environmental scanning and labour market analysis. As such, it enables agencies to gain a deeper understanding of their workforce, and to anticipate any future workforce supply challenges.
Under this framework, an APS employment database has been developed to compile information on public service employees. Each year a ‘snapshot’ of data concerning all APS employees as at 30 June and 31 December is released by the Australian Public Service Commission. The data is provided by agencies and is drawn from the Australian Public Service Employment Database.
APS employment data includes:
demographic variables including age, gender, and work location
data on the number of staff per job family, according to the job family framework
classification level of APS employees, from trainee to Senior Executive Service
diversity data including voluntary items self-reported by APS staff such as disability status, Indigenous status, and cultural diversity
staff movements including engagements, separations, promotions and transfers between agencies.
United States
The U.S. Federal Government's Office of Personnel Management (OPM) is the focal point for the provision of statistical information on the federal civilian workforce. In this capacity, OPM launched FedScope in the fall of 2000 to meet the workforce data needs of several stakeholders (federal government agencies, researchers, the media and the general public). This online tool enables stakeholders to access and analyse data on the federal public service on the basis of several indicators, including a job indicator which includes, as a sub-category, public procurement jobs.
Fedscope is based on the Enterprise Human Resources Integration (EHRI) information system. The data is transmitted to EHRI directly by the federal agencies via their own personal information systems. The agencies are required to produce this data on a quarterly basis, and its accuracy is checked directly by the system, which can then ask the agencies to make corrections.
This database has enabled HR processes to be streamlined, data to be analysed for policy formulation and impact studies, access to salary and benefits data, and overall economies of scale for the government as a whole.
One of DAE's missions, as defined in Decree 2016-247 of 3 March 2016 creating the State Procurement Directorate and related to the governance of State procurement, is to “consolidate data on procurement by State departments and its public agencies and bodies, as well as on the performance of the procurement organisations they have set up. (...) To this end, it has access to all information, particularly contractual, budgetary, financial, accounting and organisational information relating to purchasing, held by departments of the State and its public bodies with the exception of information covered by national defence secrecy.” (Gouvernement français, 2016[10])
Given the DAE's role in the professionalisation of State procurement and its mandate to consolidate data, including organisational data, a census of procurement personnel could provide a better overall view of the State's procurement function in order to improve professionalisation efforts. This census could be carried out in collaboration with the DGAFP, given its role in drawing up annual reports and key figures on the civil service, as well as with the human resources departments of the various ministries.
The creation of a database of procurement professionals could thus help the DAE and other stakeholders define the most efficient strategy for developing a training curriculum that best meets the needs of each job in the procurement function, identify the categories to be prioritised and, in general, obtain a more accurate picture of the personnel and their needs. This database will also enable the identification of jobs that are particularly under pressure within the State's procurement function.
Recognising more widely the role of procurement officers in achieving environmental objectives by formalising this connection in their job descriptions
National ambitions, including in terms of sustainable development and green procurement, which are translated into concrete actions by State employees, should be reflected in some way in their job descriptions (where they exist), especially in the job descriptions of the State procurement function (Ministries and public bodies).
With regard to civil service job descriptions, Table 3.2 presents a mapping of the inclusion of environmental considerations within job descriptions of the State procurement function. Most of the job descriptions (8 out of 11) include environmental considerations in the definition of the job and in the description of the main activities (directly or indirectly). All of the job descriptions include knowledge of sustainable procurement in the skills requirements. Finally, almost all of the job descriptions include environmental considerations in the ‘specificity section’, which describes the particular conditions under which the job is carried out, the career development perspectives and the impact on the job profile. The next revision of the job directory could therefore include elements related to sustainability and environmental considerations in all sections of the job descriptions for the procurement function. In addition, sustainable procurement skills should be required not only in terms of knowledge but also in terms of know-how for certain professions.
The OECD has analysed job descriptions for the procurement function published in 2023 and 2024, a number of which do not mention any activity related to green procurement or, more specifically, the integration of environmental considerations. Given the State's ambitions in terms of environmental protection, the human resources departments of the State's ministries and public bodies should ensure that the job descriptions for the procurement function include elements relating to the integration of environmental considerations. Including these environmental considerations in job descriptions could thus contribute to France's efforts to create jobs in the green economy. According to the Observatoire national des emplois et métiers de l'économie verte (National Observatory of Jobs and Professions in the Green Economy), in addition to green jobs with a direct environmental focus, 3.8 million people work in jobs that could potentially be involved in integrating environmental issues, even if the functions performed do not have a direct environmental focus. These ‘greening’ professions cover a wide range of fields: procurement, construction, transport, industry, research and development, tourism and entertainment, purchasing, agriculture and forestry, and maintenance of green spaces. (Ministère de la Transition Écologique, 2023[11]) Procurement officers are therefore key players in contributing to the success of the ecological transition, and systematically incorporating this dimension into their job descriptions would be an important recognition of this.
3.1.2. Developing an attractive procurement function to meet the challenges of recruitment and turnover
A number of discussions during the fact-finding missions highlighted two major challenges facing the State procurement function: recruitment and turnover. The main source of these challenges lies in the lack of incentive mechanisms, and in particular unattractive remuneration, especially in certain ministries. The OECD survey confirms the problem of turnover. Nearly 70% of respondents have less than 5 years' experience in their organization (see Figure 3.4).
Note: Responses from 555 respondents.
Source: (OCDE, 2024[6])
The Council's Recommendation on Public Service Leadership and Capability recommends “defining and offering transparent terms and conditions of employment (e.g. in terms of remuneration, tenure, job security and rights and obligations) commensurate with the duties of the post, taking into account external and internal labour markets” (OCDE, 2019[12]). The issue of the attractiveness of the public procurement profession is also central to the OECD Council Recommendation on Public Procurement (OCDE, 2015[13]).
The introduction of incentive mechanisms aimed at increasing the motivation of procurement professionals is an important factor in the professionalisation of procurement staff (OECD, 2023[3]). This motivation helps not only to maintain the performance and productivity of the public sector, but also to attract qualified workers. The types of incentive mechanisms can be classified into three groups:
i) Direct financial incentives (wages/salaries, bonuses etc.)
ii) Indirect financial incentives (pensions, insurances, childcare allowances etc.)
iii) Non-financial incentives (professional development, training and certifications, recognition/awards, work environment, holidays, flexible working hours etc.) (OECD, 2023[3]).
Direct financial mechanisms are governed by the structure of the civil service and its grading system. Civil servants are paid a salary plus bonuses and allowances (Ministère de la transformation et de la fonction publiques, n.d.[14]). While salaries are more or less harmonised across ministries, bonus systems are different and can represent a significant difference in remuneration. In addition, although there is more flexibility in public bodies, they are subject to strict rules to ensure that the wage bill is kept under control.
In contrast, the private sector, because of its profit-oriented nature, recognises the buyer's strategic role in controlling expenditure and improving the entity's operational efficiency, including in environmental matters, which allows greater value to be placed on purchasing profiles. This observation was confirmed in a cross-functional diagnosis carried out by the DAE in 2020. More specifically, this study confirmed the low attractiveness of the procurement function due to salary scales compared with the private sector and the absence of grades within the function. It also highlighted major disparities across various ministries (Direction des Achats de l’État, 2024[15]).
According to a study carried out in 2024, salaries for procurement managers in the private sector are on average 30 to 40% higher than in the public sector, regardless of the level of experience (from less than 3 years to more than 10 years). A similar observation applies to procurement officers, who are better paid in the private sector, particularly if they specialise in certain purchasing categories. This gap widens even further when salaries in the Paris Region are compared with those in the rest of France (HAYS France, 2024[16]).
In addition to the attractiveness of the profession, the level of remuneration offered to civil servants in the government procurement function has a direct impact on the level of experience of those recruited. According to various stakeholders, State procurement officers tend to leave the civil service quickly and move into the private sector after acquiring a certain amount of experience (generally between 1 and 3 years) and after receiving training in this field. This rate of turnover represents a significant loss of investment for entities, particularly considering the costs associated with training.
In order to overcome these challenges, raising the salaries of the whole of the State's procurement function seems difficult, given the budgetary constraints on public spending and the existing pay scales. Nevertheless, a number of international examples illustrate that targeted action on incentive mechanisms, both financial and non-financial, can have an impact on the attractiveness of the public procurement profession (see Box 3.2).
The Government of Canada is looking to recruit around 1,000 motivated professionals interested in a career in public procurement between 2022 and 2024. To this end, the Treasury Board of Canada Secretariat has set up an information platform on ‘careers in public procurement’ to facilitate the recruitment process. The website contains information such as the skills and aptitudes required to start a professional career in public procurement, training and development programmes, possible career paths, information on salaries and benefits, as well as a video interview in which staff talk about the dynamics of working in the public procurement sector.
In terms of salary, procurement officers are classified in the Purchasing and Supply (PG) group of the federal civil service. The starting annual salary for a PG is CAD 65,000 (around EUR 44,500), although staff can earn a salary of more than CAD 75,000 (around EUR 51,300) if they successfully complete a certification training programme. The Directive on Terms and Conditions of Employment also allows new employees to negotiate their rate of pay:
when there is a shortage of skilled labour or difficulties filling a position
where the minimum rate of pay is not competitive with rates offered by local or regional employers for similar duties
In addition, procurement officers are entitled to other benefits, such as a specific pension scheme, health and dental care, a minimum of three weeks (15 working days) paid holiday and other paid leave, and the possibility of flexible working arrangements such as teleworking and the 4-day week.
The example of Canada illustrates different strategies for motivating civil servants to pursue careers in public procurement. In 2022, France launched the “Choisir le Service Public” (“Choose the civil service”) platform to raise awareness of public service professions and attract new talent to the civil service, including procurement.
However, unlike in Canada, the description of the different roles within the procurement function remains largely procedural and does not put into perspective the contribution of this function to the achievement of public service missions. There is also no specific information on employment conditions, possible career progression or feedback on the skills that can be acquired in this role within the public service. Furthermore, while the importance of public procurement in achieving environmental objectives is affirmed by a multitude of legislative and regulatory texts, references to these objectives are virtually non-existent in the descriptions of the various jobs in the procurement function.
In the past, public administrations had to make only a limited effort to attract candidates, particularly for entrance examinations, but the context has changed considerably. Enhancing the attractiveness of the civil service is becoming even more necessary at a time when the civil service is ageing and it is becoming crucial to replace retiring staff. In this context, the question of the meaning of jobs is becoming a prominent argument for attractiveness (OCDE, 2023[18]).
The main stakeholders, the DAE and the DGAFP, could initiate an in-depth analysis of the meaning of the procurement function, its contribution to the greening of administrations and develop a website (or a section of an existing website such as Choisir le Service Public) dedicated to careers in public procurement. This website could provide information on the different professions in the procurement function, their missions and their contributions to public services, and on opportunities for professional development, particularly in the context of continuous training.
Beyond the attractiveness of the function and in order to retain talent, by linking an increase in salary to the completion of the certification training programme, Canada is ensuring that a sample of procurement staff will have their skills upgraded at a relatively modest cost. (OECD, 2023[3]) Following the example of this initiative, the completion of a specific programme in France, such as the various certification courses offered by the Institut de la Gestion Publique et du Développement Économique (Institute of Public Management and Economic Development or IGPDE), which is the main training body of the Ministry of Economy, or a certification course in green procurement, could pave the way for career progression (see Chapter 4).
3.1.3. Technical experts and decision-makers, key players in taking environmental considerations into account in public procurement
In addition to the State's procurement function strictly speaking, many other players play an important role in taking environmental considerations into account, in particular specifiers and decision-makers. The technical experts play a key role in public procurement because they define the needs, and therefore what should be procured. In particular, they specify how long the deliverables are likely to be useful to their organisation, in what geographical territory, in what contexts, on what media, etc. (Ministère de l’économie des finances et de la souveraineté industrielle et numérique, 2017[19]) In public procurement, the role of the technical expert generally involves defining the need, drawing up technical specifications, participating in market engagement and monitoring contract performance - two areas targeted by the Climate and Resilience Law and the PNAD for the inclusion of environmental considerations.
However, the extent to which technical experts have taken on board the GPP objectives appears to be limited. And yet these technical experts operate in a variety of procurement categories that are particularly conducive to the integration of environmental considerations, such as vehicles, construction, port activities, information systems and IT, etc. An OECD survey of 22 technical experts revealed that only three of them had a strategy dealing with environmental issues within their division, while 6 others indicated that such a strategy was in the process of being developed.
Beyond the strategic objectives, the operational reality demonstrates the potential for greater synergy between technical experts and procurement officers. The responses to the survey indicate a diverse role for technical experts in the public procurement cycle, with joint intervention with buyers at various stages such as gathering needs, drafting technical specifications, undertaking market research, establishing award criteria, evaluating tenders, monitoring contracts and making payments. Only 40% of the technical experts surveyed said that they contribute to taking environmental considerations into account in procurement, some by inserting performance clauses or environmental criteria, others by drafting environmentally-friendly specifications.
A broader engagement of technical experts is needed to ensure that the entire procurement ecosystem has the objectives of the various public policies mentioned in Chapter 2 in mind. While some technical experts are already aware of environmental issues, practical training could prove useful in strengthening their capacity to integrate environmental considerations into public procurement (see Chapter 4). This observation is confirmed by the results of the survey, which highlight a need for stronger communication with procurement officers in order to improve technical experts’ understanding of the environmental dimension of procurement. (OCDE, 2024[20])
Another key player in the procurement system is the decision-maker, the legal representative of the contracting authority. His role includes awarding and signing contracts on the basis of the analysis of tenders carried out by his departments, and thus legally committing the contracting authority on the basis of a power of attorney. It thus supports the procurement function. (Direction des Achats de l’État, 2020[21]) An OECD report reveals that many countries have identified a lack of commitment on the part of decision-makers as a barrier to the implementation of environmental public procurement (see Figure 3.5).
Source: (OECD, 2024[22])
In this respect, the survey carried out by the OECD reveals that little account is taken of environmental issues at the level of strategic orientations within the various organisations. This lack of consideration on the part of decision-makers, coupled with the need to build the capacity of technical experts on GPP in order to analyse tenders, and the lack of interest in environmental criteria compared with other criteria, does not facilitate the inclusion of environmental considerations in public procurement (OCDE, 2024[6]).
A number of factors may explain why environmental considerations are not sufficiently taken into account by decision-makers. They may perceive them as costly in terms of budgets, preferring economic efficiency and technical conformity. They may also find them more complex, with higher transaction costs and risks than existing practices (World Bank, 2021[23]). These concerns are often due to a lack of awareness of environmental issues and the use of public procurement as a strategic tool for meeting these challenges.
A training campaign on the ecological transition has already been launched by the government and implemented by the Institut national du service public (National Institute of Civil Service - INSP). The aim of this campaign is to raise awareness among all civil servants by 2027, starting in 2022 with 220 central government directors. (Ministre de la Transformation et de la Fonction publiques, 2022[24]) By the end of 2024, the aim is to train all 25,000 senior civil servants. This campaign provides an opportunity to introduce the role of public procurement in the ecological transition. However, in the current version of training, the question of the role of public procurement as a lever for ecological transition is only mentioned briefly. In Canada, for example, specific online training on GPP is aimed at managers and supervisors (see Box 3.3).
In response to Canada's commitment to climate change, the Canada School of Public Service has highlighted the importance of environmental performance in public procurement decision-making and has developed an online course for managers and supervisors of public entities.
This course presents the federal government's environmental procurement policy and provides detailed strategies for applying its principles throughout the procurement process. Participants can examine the different reasons for environmentally friendly procurement and learn to identify what defines a sustainable good or service.
Topics include:
Understanding green public procurement policies
Identifying the main eco-labels
Applying life cycle analysis
Defining value for money
Evaluating suppliers' environmental declarations
In addition to the current campaign to raise awareness of the ecological transition, an online training module aimed at decision-makers would also be beneficial in order to increase the awareness of environmental issues involved in procurement. In 2023, the CGDD launched an 8.5-hour MOOC devoted to the challenges of sustainable procurement, currently available on OpenClassroom. It is recommended that this course be made available on the MENTOR online platform to widen its access. It would also be advisable to actively promote this training to decision-makers and, possibly, to link certain elements of remuneration to its completion.
There are a number of players who can help the State's procurement officers take environmental considerations into account and integrate them into public procurement contracts, including the DAE, the sustainable procurement advisors and the various green desks at regional level.
3.2.1. More use could be made of the DAE's expertise to meet the operational challenges of State procurers
The DAE defines and implements the State's procurement policy (with the exception of defence and security procurement). Among its missions as defined in the 2016 decree, the DAE “advises the State's departments and State public bodies on their procurement strategies and the organisation of the procurement function”. (Gouvernement français, 2016[10])
In addition, the decision of 18 March 2024 on the organisation of the DAE states that “the Procurement Modernisation Sub-Directorate prepares and drives the policy of modernising the procurement function of the State and the public bodies of the State […], and supports its implementation by taking action on procurement governance, organisation and processes. It prepares, implements and steers the State's strategic procurement policies in terms of environmentally and socially responsible procurement; it supports the operational implementation of these policies for the entities mentioned above. It prepares the State's scheme for promoting socially and environmentally responsible procurement (SPASER).” (Gouvernement français, 2024[26])
As a result, the DAE is playing a leading role in the widespread introduction of environmental considerations into the State's public procurement contracts. In order to implement this mission, the Procurement Modernisation Sub-Directorate has set up an Office for Sustainable Procurement. This office has also recently strengthened its structure and technical expertise. Three additional staff were recruited in 2024 to play an active role in advising procurers in the ministries, regional procurement platforms and public bodies.
The Office for Sustainable Procurement is designed to respond to specific issues, in particular those relating to the circular economy, construction materials and pollution control. The limited number of resources and the variety of issues raised by the inclusion of environmental considerations may not allow the DAE to meet all of the demand, but this reinforcement of the DAE's capacities should enable its advisory role to be given greater prominence. Indeed, some players have pointed to a lack of clarity regarding the DAE's potential role in supporting procurers, particularly in the regions.
Given the new nature of this role, the DAE could monitor the volume and nature of requests for support made by procurers over one or two years, and thus re-evaluate the size of the office. The DAE would therefore be following the example of many OECD countries, which have chosen to set up a help desk to assist procurers in implementing green public procurement (see Figure 3.6).
Source: (OECD, 2024[22])
In addition, the Office for Sustainable Procurement can count on the support of other DAE departments in order to build the capacity of the State's procurers. In fact, the same sub-directorate is responsible for the professionalisation of those involved in the procurement function through training, via the office for the professionalisation of the procurement function. It also proposes and leads initiatives to enhance the attractiveness of the State's professional procurement function. The DAE has set up a number of forums for exchanges among those involved in the procurement function, but these remain at a high level and do not include the procurers themselves:
The organisation of the biannual seminar on sustainable procurement for the State and its public bodies. The seminar is chaired by the Director of State Purchasing and brings together the procurement managers of the ministries, the directors of the regional procurement platforms, and the procurement managers of the main public bodies (EP). The Commissariat général au développement durable (CGDD), UGAP (the main centralized purchasing body) and the ministerial sustainable procurement advisors are also members of this forum;
The organisation of meetings, every two months, under the guidance of the DAE, for ministerial sustainable procurement advisors.
These meetings could be supplemented by a systematic exchange between the DAE, via the office for professionalisation of the procurement function, and the IGPDE, in order to gain a better understanding of the expectations and difficulties faced by procurers in implementing sustainable procurement.
3.2.2. Promoting the role of sustainable procurement advisors within State entities
The ministerial sustainable procurement advisors were created in 2016. The aim was to set up sustainable procurement experts within each ministry to facilitate the implementation of environmental policies in State procurement. The DAE has also drafted a sustainable procurement advisor mission statement in cooperation with the ministerial sustainable procurement advisors in order to harmonise their role. The sustainable procurement advisors are responsible for coordinating the actions of their ministry's departments at central level, as well as those of decentralised departments and public bodies under their ministry's supervision.
They have 7 main missions, including participating in the interministerial implementation of the State's sustainable procurement policy, defining the procedures for implementing their ministry's sustainable procurement policy, and monitoring sustainable procurement policy performance indicators. They are also responsible for providing support to the procurers and technical departments of their ministry, by helping to draft social and/or environmental clauses, monitoring implementation and assessing results, as well as providing support to those involved in procurement at all stages of the procurement project with regard to the functional aspects of the sustainable development clauses. (Direction des Achats de l’Etat, 2023[27])
The tasks assigned to the ministerial sustainable procurement advisors should help to build the capacity of those involved in the State's procurement function to implement environmental considerations in their procurement processes, particularly in decentralised departments and public bodies. However, many stakeholders, particularly in decentralised departments, have pointed to a lack of awareness of the very existence of this advisor or of his or her duties. This lack of visibility certainly has an impact on the use of the services that the advisor can provide to purchasers.
In order to maximise the benefits of the existence of this expertise, the role of sustainable procurement advisors should be elevated to that of genuine change agents to raise procurers' awareness of sustainable procurement. A 2015 study showed that in many public procurement departments, change agents played a crucial role in building capacity, increasing motivation, and creating additional opportunities for sustainable procurement. (Andhov et al., 2020[28])
For example, the Public Procurement Unit in Jičín, Czech Republic, acted as an agent of change within the city council. The unit conducted pilot tenders to test sustainable considerations in practice. The unit secured top-level management support for the implementation of sustainable procurement and organised a training seminar to inspire the city council and its subordinate organisations (such as schools and sports facilities) in this area. The unit's actions as a change agent for green procurement even led to the inclusion of environmental issues in the city's long-term strategic plan. (Andhov et al., 2020[28]) Practices in Australia provide another example of promoting the circular economy through the creation of sustainable procurement champions (see Box 3.4).
As part of Sustainability Victoria's (SV) Buy Recycled service, 23 champions from 21 Victorian regional and metropolitan councils have been appointed as Buy Recycled Champions from March 2023 to June 2024.
The initiative enables Buy Recycled Champions to embed sustainable procurement practices as a mainstream activity within their councils and provides opportunities for participants to build capacity, influence, network and share successes within their own councils and beyond.
Champions have been selected based on their enthusiasm for improving sustainable procurement outcomes within their council, their ability to influence internal sustainable procurement decisions and their interest in supporting other councils on their sustainable procurement journey.
The ‘Buy Recycled Champions’ initiative is part of SV's ‘Buy Recycled’ service, which enables councils to use more recycled materials and products in infrastructure, landscaping, parks and gardens.
in 2025 the 'Buy Recycled' Champions program evolved into the 'Buy Circular' Champions program and includes 40 Champions from 28 Victorian Councils. This program supports councils to consider circular aspects of products including recycled and reused materials, materials efficiency, design for disassembly, product as a service and product repair, while encouraging the adoption of circular economy principles in procurement decisions for infrastructure, landscaping, parks and gardens projects.
There are various ways of promoting sustainable procurement advisors within ministries: ensuring that they are systematically present at the biannual seminars on sustainable procurement organised by the DAE, or publishing a newsletter, either issued by the DAE or by each ministry, detailing the role and activities of these advisors. Given the geographical remoteness of decentralised departments and many public bodies, it will be necessary to ensure that these newsletters are distributed to all ministerial networks. Certified sustainable procurement advisors could also participate in training efforts by becoming occasional in-house trainers (see Section 4.1.1).
Furthermore, the sustainable procurement policy of the State and its public bodies recommends creating and leading an internal sustainable procurement community in each ministry, steered by ministerial sustainable procurement advisors, with the aim of setting up a ministerial network that meets at least once a year. To date, this practice remains exceptional. The effective implementation of this recommendation could be beneficial. In addition, the policy stipulates that, in order to implement the objectives of the sustainable procurement policy, the main public bodies (with an annual volume of more than €10m excluding VAT) must also appoint a sustainable procurement advisor and, to this end, may draw inspiration from the mission statement for the sustainable procurement advisors mentioned above. If the ministerial advisor already covers the public bodies under the authority of his or her ministry, setting up these advisors within the public bodies themselves could help increase the scope of these objectives.
3.2.3. The availability of sustainable procurement expertise in the regions
The need for support in implementing green procurement is not limited to central government. Decentralised services and public bodies, which are major players in public procurement, also need expertise in this area. State purchasers in the regions have approached this issue in two different ways.
Some regional procurement platforms have opted to set up an internal sustainable procurement advisor, whose role varies from region to region. Most have a sustainable procurement advisor, but only for contracts managed by the platform. On the other hand, procurement officers in both the Centre Val de Loire and Nouvelle-Aquitaine procurement platforms who have endorsed the role of sustainable procurement advisors, provide their services for the entire region. These regional advisors could take part in the biannual seminars on sustainable procurement as well as the ministerial network of sustainable procurement advisors in order to ensure the consistency of the various practices.
In addition to these regional advisors, the main support networks for the procurement function are the “guichets verts” or green desks, which are environmental advisory services offered to public procurers as part of the PNAD 2022-2025 programme, which was rolled out on an experimental basis from September 2022. The programme is run by the regional networks for sustainable public procurement, with the support of the Commissariat Général au Développement Durable. The green desks are being deployed in all regions having a regional public procurement network, with the aim of covering the whole of national territory. (Ministère de la Transition Écologique et de la Cohésion des Territoires, 2022[31]) Figure 3.7 describes the regional networks active in 2024.
The networks offer free first-level support to help public procurers incorporate environmental considerations into their procurement procedures. This support may relate to a specific procurement procedure or a general approach to green procurement issues. For more advanced support1, a membership fee must be paid to the various networks, ranging from €250 to €5,000. The cost of membership depends, for example, on the number of inhabitants in the case of local authorities (e.g. €250 for local authorities with fewer than 10,000 inhabitants to €3,000 for those with more than 500,000 at Res'Occ), or the number of beds in the case of healthcare facilities. The cost of membership is generally higher for State entities, with a fixed price of between €3,000 and €5,000 for decentralised departments, and €500 to €1,000 for State bodies.
The green desks are open to all public procurers located in areas where there is a regional network for sustainable public procurement. The green desk charter mentions that the internal advisors provided to State purchasers are to be contacted first, before consulting the green desk.
In practice, these networks are frequently approached by procurers, including State procurers, to support them in incorporating environmental considerations while taking into account local or regional aspects. However, several State procurement officers have highlighted a number of challenges, including the lack of political will on the part of the State to encourage its staff to use these green desks and the lack of budget to benefit from more advanced support.
The regulatory and strategic framework requires environmental considerations to be taken into account for all procurement categories. 20% of respondents to the OECD survey consider it difficult to take environmental considerations into account for certain categories, particularly intellectual/consulting services, and certain project management contracts. Faced with these challenges, while some procurers do not integrate environmental considerations at all, others, in order to comply with the targets, either:
i) Consider the mere reference to regulations as an environmental consideration. Indeed, for certain procurement categories, the legislator has specified minimum mandatory considerations to be taken into account (see Table 2.1); or
ii) Include clauses that have little or no real impact on the subject matter of the contract. For example, in the case of consulting services contracts, some invitations to tender simply require deliverables to be delivered electronically.
In addition to the issues linked to certain procurement categories, the discussions held during the fact-finding missions and the results of the survey show that there are recurring difficulties in relation to certain stages of the public procurement life cycle, in particular with regard to market research, drafting of tender documents, and monitoring of contracts (OCDE, 2024[6]). These challenges are partly linked to issues of capacity and professionalisation.
As illustrated in Figure 3.8, taking environmental considerations into account in public procurement can be relevant throughout the public purchasing cycle (from defining the need, to payment and contract completion).
Source: Adapted from (OECD, 2021[33])
3.3.1. Leveraging the benefits of market research to define effective environmental considerations in public procurement contracts
Market research is used to identify market capacities in terms of volumes, quality, and technical parameters, in order to design and draw up specifications and tender documents that are tailored to the reality of the market. These studies also enable examining the appropriateness of using public procurement as a strategic lever to achieve public policy objectives, such as sustainable development, access to public procurement for small and medium-sized enterprises or support for innovation. Market research helps to reduce the asymmetry of information between public buyers and economic operators, thereby improving overall market efficiency and obtaining better value for money (OCDE, 2019[34]). Ultimately, it can lead to the development of innovative ways of providing services or building facilities. (OECD, 2021[33])
Market research provides a unique opportunity to gather information on how environmental considerations are taken into account. More specifically, it can help:
Identify potential suppliers and solutions that have a positive impact on the environment;
Encourage the market to respond to new requirements in terms of environmental considerations through dialogue;
Inform the design of the procurement strategy, tender documentation, and contract so that the integration of environmental considerations is relevant, linked to the contract objective and measurable. (OECD, 2021[33])
Initiating these discussions well in advance of the launch of a call for tenders will ensure that economic operators have sufficient time and information to prepare and adapt their commercial practices and supply chains in order to participate in the competitive tendering procedure, thereby promoting effective competition (OECD, 2024[22]).
Taking environmental considerations into account in public procurement is also highlighted in several sections of the guide on “operational sourcing” spearheaded by the DAE, which was published in 2019 (Direction des Achats de l’État, 2019[35]). This guide was developed by a multi-disciplinary team made up of representatives from the civil service of the State and its public bodies, and is intended to serve as a common reference framework for public buyers in the area of market research. It contains a number of annexes aimed at operationalising the implementation of market research, such as a call for expertise template, a model supplier invitation, a general supplier questionnaire model, etc. A number of discussions during the fact-finding missions highlighted the usefulness of this guide.
However, in France, those involved in the State's procurement function face a number of problems when it comes to analysing the supplier market. Discussions during the fact-finding missions identified two major problems linked to market analysis:
i) A lack of capacity (in terms of numbers) to implement systematic market research. This analysis is therefore not carried out for all procurement processes within a given entity.
ii) The use of an inappropriate methodology. Some public buyers only consult the with the holders of contracts that are currently being implemented, or the contractors of other lots in the case of allotted procurement contracts. Furthermore, when market research is used, the market's capacity to integrate environmental considerations is rarely addressed in the discussions or in the analysis.
As such, it is essential to build the capacity of those involved in the State's procurement function in order to implement systematic market research practices that allow a certain number of economic operators to be consulted in addition to current contract holders and that, in general, actively address environmental considerations.
The DAE guide could be supplemented by practical tools for implementing market research that is more focused on environmental issues, such as checklists or standard market analysis reports for more environmentally friendly products.
Beyond the development of tools and methodologies, some countries have also taken the initiative of setting up multi-stakeholder forums, specialised working groups and dedicated teams to facilitate the participation of the private sector in the development of policies and instruments related to green public procurement, by giving them a formal role in the design process itself.
For example, the Japan’s Green Purchasing Network brings together stakeholders from the private sector, central and local governments, and civil society organisations (see Box 3.5).
The Green Purchasing Network (GPN) is a network organisation where different entities, such as private companies, governmental bodies and consumer groups, work together to promote green procurement. In 1996, the GPN has defined the Green Purchasing Principles. These principles encompass the following four major points:
1. Consider whether a product is needed before purchasing it;
2. Consider environmental impacts across the whole life cycle of a product, including those incurred through any services provided from extraction of raw materials to disposal;
3. Select products and services offered by suppliers who take a conscious effort reduce the impact on the environment;
4. Gather information on products, services, and suppliers to inform decision-making and management of contractual relationships.
Building upon these principles, the Green Purchasing Guidelines were developed to provide guiding principles for purchasing by category of products and services. Different GPN members, including manufacturers of eco-friendly products, companies willing to purchase green products, consumer groups, non-governmental environmental associations and local governments, co-designed the Guidelines based on a consensus-building approach. The Guidelines cover a wide range of products and services – i.e. from office supplies and home appliances to vehicles.
Moreover, based on the Principles of Green Purchasing, the GPN created a Supplier Evaluation Check List to assess the efforts undertaken by suppliers to improve the environmental performance of products and services. In the Eco-products Database, suppliers then disclose information about the environmental measures adopted for each product and service registered, in accordance with the Check List. The Eco-products Database gives environmental information in list form on products provided by each manufacturer so that users can compare products from an environmental standpoint in accordance with the Green Purchasing Guidelines. As of May 23, 2016, the database listed approximately 15,000 products from 63 fields, including environmentally friendly products in product fields for which the Green Purchasing Guidelines have yet to be formulated.
Source: (OECD, 2024[22])
The DAE or the regional procurement platforms could draw on these practices to promote an inclusive approach to identifying the green products and services on offer from the private sector. In addition, these elements could provide a reference base for other buyers to identify products and services with better environmental performance. The use of the APPACH information system and its database of 80,000 suppliers would also benefit from being promoted among buyers in order to facilitate the identification of green products.
3.3.2. Standardising the inclusion of environmental considerations in tender documentation would enhance the impact of public procurement on the ecological transition
The public sector is a major consumer of goods, services and works supplied by the private sector, and sometimes the main consumer in certain procurement categories. Because of the volume it represents (12.9% of GDP in OECD countries), public procurement has the potential to influence markets both in terms of production standards throughout the supply chain and also in terms of consumption in favour of environmentally friendly and socially responsible products and services on a large scale.
They therefore represent a lever for achieving certain public policies. Economic operators and their supply chains must comply with the sustainability requirements set by the public sector. High sustainability standards in public procurement activities could influence production and, consequently, consumption patterns (see Figure 3.9). (OECD, 2022[36])
Source: (OECD, 2022[36])
If public procurement is to have this capacity to influence the sustainability of production chains and therefore consumption, it is important that those involved in the procurement function adopt a uniform approach for the same category of purchase.
Faced with the ambitious objectives of the Climate and Resilience Law, the discussions held during the fact-finding missions with State buyers and also with the private sector highlighted the heterogeneous approaches to integrating environmental considerations into public procurement. For example, for the same category of purchase, one public buyer will include environmental considerations in the award or selection criteria, while another will do so through contract performance clauses. Even if certain local specificities may explain different practices, harmonising the strategies used to integrate environmental considerations into tender documentation would both facilitate the work of public buyers and demonstrate a consistent position with regard to the market.
Indeed, these different approaches do not enable a clear message to be sent to the private sector as to the requirements and expectations of State procurers in terms of environmental considerations, and may therefore limit their efforts to adapt their production and sourcing to uniform environmental requirements.
The importance of greater harmonisation of practices is also reinforced by the specific features of the French legislative framework, which requires the integration of environmental considerations in two different areas: contract performance clauses, whether technical (technical specifications) or administrative, and contract award criteria. However, these aspects cover very different concepts: the contractual clauses define the need and the obligations of the contractor, and the award criteria define the way in which bidders are invited to compete.
Integrating environmental considerations into technical specifications presents an additional constraint, as the specifications are most often drafted not by the purchaser but by technical departments. As a result, the integration of environmental considerations presents more difficulties due to a potential lack of awareness on the part of the technical experts drafting them. In cases where buyers and technical experts are two separate functions, a joint approach to procurement between these two functions would be a good way of ensuring that environmental considerations are taken into account throughout the procurement lifecycle (see Chapter 4).
The inclusion of environmental considerations as evaluation and award criteria depends very much on the subject of the contract. Public buyers are used to implementing specific criteria in their contracts, such as evaluation on the basis of reports on greenhouse gas emissions provided by bidders, the development of specific objectives to reduce energy consumption, the use of low-temperature asphalt mixes, the proportion of recycled materials or the requirement to draw up an environmental impact statement.
However, public buyers have also pointed out that while some procurement categories are more conducive to including these criteria (particularly works and goods contracts), they are finding it difficult to include them in other categories, such as consulting services, where procurers are either not including them at all, or include criteria that they deem to be of little relevance or to have little impact on the environment, or that they deem to be difficult to monitor, such as the paperless nature of deliverables, or the requirement for experts to travel by clean means of transport such as car pooling or the train.
Furthermore, when a public buyer includes environmental considerations as award criteria, the question of their weighting also arises. During the discussions held during fact-finding missions, buyers reported that they generally only gave a weighting of 5% to 10% to environmental criteria for a number of reasons, including the fear of budget overruns or the fear of legal proceedings against the procedure.
Harmonising practices on the definition and weighting of award criteria helps alleviate these fears, and therefore generalise the use of green criteria, by providing purchasers with points of comparison based on historical data (results of past invitations to tender, levels of competition, etc.). Some organisations, such as the Direction Interdépartementale des Routes du Nord-Ouest (North-Western Interdepartmental Roads Directorate or DIRNO), a decentralised department of the French Ministry for Ecological Transition, have introduced tools such as the SEVE TP eco-comparator, in collaboration with the national public works federation, to assess greenhouse gas emissions and optimise choices in terms of materials and construction methods.
DIRNO has also developed a public procurement directive for all its public procurers. This directive deals with environmental criteria, advising its procurers to consider, in addition to waste management and the paperless nature of deliverables, environmental criteria that will contribute to decarbonisation objectives, particularly in the following areas:
The bidder's material resources, measures envisaged to reduce the number of kilometres travelled, etc.
Thresholds for energy consumption, water consumption, emissions of polluting substances into water or the air, recycled content, etc.
The quality of the environmental measures taken to carry out the contracts (site management, waste management, packaging management, delivery management, etc.).
There is a clear need expressed by many public buyers for support in strengthening the integration of environmental criteria into invitations to tender in various procurement categories. This need is echoed in other OECD countries where the integration of environmental considerations is mandatory for certain categories of procurement. For example, the Italian government has introduced minimum environmental criteria for 20 purchasing categories (see Box 3.6).
The Minimum Environmental Criteria (Criteri Ambientali Minimi or CAM) are environmental requirements defined for the various phases of the purchasing process (e.g. selection, technical specification, contractual clauses, awarding) with the aim of supporting contracting authroites in identifying the best solution from an environmental point of view, also considering the entire lifecycle of products and services and the capacity of the market. CAM are mandatory for all public contracts, across all levels of government and regardless of the contract’s value.
CAM were designed based on a comprehensive market analysis of the sector and on the analysis of a wide range of available requirements, including those proposed by at the EU level (e.g. EU GPP Criteria, the EU Eco-label, etc.). Moreover, CAM took into account national and European regulations that impose certain environmental standards as well as the inputs provided by the relevant stakeholders, such as enterprises and trade associations, consumers and users.
The definition of CAM falls under the competences of the Circular Economy Directorate of the Ministry of Environment and Energy Security. The Directorate is supported by technical working groups made by representatives and experts of the Public Administration and central purchasing bodies, research institutes and universities, as well as representatives of the trade associations. Once developed, CAM are submitted for approval to the GPP Management Committee. The final document is adopted by means of a Decree of the Ministry, which is published in the Official Gazette.
To date, CAM have been adopted for 20 procurement categories:
Given the disparity in approaches to the two key areas for implementing environmental considerations, the DAE has taken the initiative of developing practical tool-sheets in order to standardise approaches by procurement category. These tool-sheets cover both aspects of environmental considerations. This effort would therefore benefit from being pursued, in particular in order to prioritise categories where the integration of environmental considerations presents particular difficulties.
3.3.3. Monitoring the implementation of environmental considerations during the performance of the contract
The inclusion of environmental considerations in the contract is generally not sufficient to ensure that it has a positive impact on the environment. The monitoring of performance clauses is therefore essential to ensure that the economic operator fulfils its commitments. Many countries have set up systems for monitoring environmental considerations in contracts. In this way, contracting authorities can check suppliers' performance against pre-defined environmental objectives and key performance indicators (KPIs) tailored to the different products or services supplied, with suppliers being required to provide all the information needed for this verification. Contracting authorities can also verify compliance with environmental criteria and ecolabels by asking suppliers to provide detailed documentation on the environmental performance of products and services. (OECD, 2024[22])
In France, discussions held during fact-finding missions revealed a number of difficulties encountered by public buyers in monitoring environmental clauses. First, the segregation of duties in some structures means that contract execution is mainly the responsibility of technical experts or departments, with the procurement department intervening only in the event of problems, blockages or the need for amendments.
Another pitfall concerns the technical skills and knowledge needed to monitor environmental clauses. For example, one buyer indicated that it included a clause requiring the supplier to recycle waste, but that this clause was not monitored during implementation due to a lack of know-how (e.g. through waste tracking slips). Contract monitoring essentially focuses on the actual service rendered and payment, without checking the implementation of the environmental aspect.
Finally, many entities reported a lack of human resources and tools for effective monitoring of the clauses. The monitoring of environmental considerations also raises challenges because the current information system, PLACE, does not allow for adequate monitoring and management control. Some organisations have raised the need to identify specialised staff to monitor contractual clauses, to develop monitoring and traceability tools for environmental clauses, and to promote these practices to technical departments. The “Clause Verte” or Green Clause tool (www.laclauseverte.fr), launched in November 2020 by the CD2E - the centre for the deployment of eco-transition in businesses and territories - to meet the needs of public buyers regarding the inclusion of environmental clauses, was deemed too general by the various stakeholders interviewed, and remains mostly silent on the modalities for monitoring the proposed clauses during contract performance.
While the clauses in the Green Clause tool are a good starting point for public buyers, they would benefit from being expanded and deepened, and classified by product category to make them easier to understand. A specific section for monitoring these clauses would also be useful. Box 3.7 describes the example of Ireland, which has developed comprehensive clauses for 10 procurement categories, including verification standards for the implementation of the various clauses (OECD, 2024[22]). The practical tool-sheets for each procurement category currently being developed by the DAE are intended to propose a methodology for monitoring environmental clauses, similar to the practice in Ireland.
The 2021 Guidance on Green Public Procurement provides several examples of contract performance clauses that contracting authorities can use and that are tailored to the different procurement categories.
These contractual performance clauses represent a good example of how contracting authorities can engage with suppliers to gather data on the environmental performance of the products or services purchased.
Food and catering services: food and beverages
CPC1. Evidence of compliance with environmental requirements
Throughout the contract period, the contractor must keep electronic copies of orders, invoices and other documents that prove compliance with the environmental requirements and commitments under the technical specifications and award criteria. These documents must be made available to the contracting authority for verification purposes. The contracting authority may set rules and penalties for non-compliance.
ICT products and services: ICT products
CPC1. Service level agreement reporting
The tenderer must provide periodic [monthly / annual] reports on its compliance with all the metrics, Key Performance Indicators and other indicators defined in the Service Level Agreement.
CPC2. Environmental performance
The contractor is responsible for ensuring that the levels of environmental performance, including energy efficiency, indicated in its tender are met both at the point of installation / commissioning and during the [entire operating lifetime of the appliance] / [warranty period]. Where this is dependent upon specific usage instructions and maintenance activities, these must have been clearly highlighted in the tender. Regular inspections and testing of the equipment to ensure compliance will be carried out. It is important to specify the schedule for regular inspections and testing, as well as whether the contractor is responsible for the costs.
This clause should be adapted to the specific nature of the contract and the scope of any maintenance/ repair/Warranty commitments. It is important to include a specific requirement to test environmental performance at regular intervals and assigns responsibility for this activity.
Source: (OECD, 2024[22])
Systematic monitoring of environmental clauses would provide better opportunities for public buyers to measure their impact on the environment, through a number of actions:
If an organisation's technical department is responsible for monitoring the contract, there could be a joint approach between the buyer and the technical expert, similar to the way technical specifications are drawn up, to ensure that environmental commitments are respected.
Incorporating discussions on the implementation of environmental considerations into all meetings during the performance of the contract (monthly contract reviews, for example) would help systematise monitoring on a regular basis. In view of the capacity/human resources issues identified, random monitoring or monitoring of the most strategic/important contracts could be introduced initially.
A review of the functionalities of the PLACE information system, tasked in particular with the electronic management of the execution of public procurement contracts, and of the APPACH information system, could also be carried out to enable buyers and technical experts to receive the documentation they need to check compliance with environmental clauses.
In terms of methodological and practical support, a guide to monitoring environmental clauses in certain procurement categories could be developed to improve buyers' technical knowledge. This guide could capitalise on existing clauses in the contracts of the DAE or the ministries, or those developed by the DAJ, taking into account more complex procurement families (consulting services) or those with higher greenhouse gas emissions (IT, textiles, food, buildings). Practices in Ireland could serve as a source of inspiration for the development of such a guide. The development of similar tools is also planned as part of the State's scheme to promote socially and economically responsible public procurement.
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← 1. e.g. expert advice, a single point of contact to answer questions, regional technical workshops and webinars to exchange views with network members and experts on current, high-stakes issues, thematic working groups tailored to the regional context, etc.