A Think Tank Focused on Strategic Procurement

Historically, public procurement law has regulated how to procure. However, the European Union is increasingly introducing rules and regulations regarding what (environmentally friendly cars) or from whom (land reclamation regulations) to procure. At the EU level, there are (allegedly) 49 different legal acts that regulate public procurement in one way or another. The main challenge lies in how to navigate sector-specific requirements, as today, a procurement lawyer must know more than just the public procurement norms contained in national procurement laws and directives. 

For example, the current Energy Management Act stipulates that the central government may only purchase products, services, and buildings with high energy efficiency, as long as it is cost-effective, economically feasible, generally sustainable, technically suitable, and there is sufficient competition. In short, the State Chancellery, ministries, and state agencies should generally always consider the most energy-efficient solutions (where energy efficiency is measured, i.e., mainly in technology and buildings). 

The new Energy Efficiency Directive 2023/231 extends the obligations to all procurers (including the network sector) and no longer allows hiding behind the argument of insufficient competition. 

With the rise of ESG (Environmental, Social, and Governance), there is increasing attention on the general footprint and governance rules of suppliers. On March 15, the draft Directive on Sustainable Due Diligence Obligations (CSDDD) was approved, which, once enforced, will oblige member states to integrate the obligations for large companies under this directive into public procurement law (e.g., as grounds for exclusion, evaluation criteria, or contract conditions). This may require amendments to public procurement directives because public procurement law requires that evaluation criteria be linked to the subject matter of the procurement contract, while broader requirements related to the supplier's activities are usually not related to the subject matter of the contract.

Tarmo Kiivit from Helmes introduced their journey in the ESG landscape and the concept of sustainable IT development.

Marliis Elling, a lawyer from the Government Shared Services Centre, provided feedback: "Although there has been a lot of information on this topic recently, I really like how Kadri is able to simplify and present everything in an engaging and pleasant manner. It's always great to listen to suppliers and learn from the experiences of other participating procurers!"

The next Think Tank will take place on June 6, 2024, focusing on public procurement tools such as framework agreements and dynamic procurement systems. You can read more about the Think Tank here.