Procurement Law Journal, No. 1, 2017
22 Pages Posted: 17 May 2017
Date Written: May 16, 2017
This paper will show that the European Single Procurement Document (ESPD) introduced by Directive 2014/24/EU and Commission Implementing Regulation 2016/07 constitutes a paradigm shift on how public procurement procedures are run in the EU and one with unintended consequences. Before its introduction, each economic operator wishing to take part in a public procurement procedure had to submit all qualifying information at the start of the procedure. This mean incurring in transaction costs that are certain to have the opportunity of an uncertain benefit: winning the contract. The ESPD alters the balance of power (and costs) by replacing the full documentation requirement with a simple self-declaration form, aiming for a reduction in transaction costs and the removal of a barrier to the participation of economic operators in public procurement procedures. It is unclear if in reality its use will amount to savings in transaction costs or if those will actually increase and if the change in incentives may lead to more strategic non-compliance by economic operators and reduced legal compliance by contracting authorities, which may be tempted to overlook at least minor shortcomings by winning bidders.
Keywords: Procurement, EU, Government, Public Contracts, ESPD, European Single Procurement Document
JEL Classification: H57, K20, K23, K29
Suggested Citation: Suggested Citation
Telles, Pedro, The European Single Procurement Document (May 16, 2017). Procurement Law Journal, No. 1, 2017. Available at SSRN: https://ssrn.com/abstract=2969066