An economic operator is a business or other organisation which supplies goods, works or services within the context of market operations. The term is used in public procurement to cover suppliers, contractors and service providers.
The term is defined in the UK's Public Contracts Regulations as:
Early European Union legislation on public procurement was contained within three separate Directives on purchasing of services, [2] goods [3] and works, [4] but once a single directive was adopted in 2004, [5] a term was needed which would cover suppliers, contractors and service providers without implying or being limited to private sector operations. The terms 'business' or 'undertaking' would therefore have been inappropriate and the term 'economic operator' was therefore adopted. In introducing the new term within the 2004 Directive, the text explained that the terms "contractor", "supplier" and "service provider" (as used within the Directive) would mean 'any natural or legal person or public entity or group of such persons and/or bodies which offers on the market, respectively, the execution of works and/or a work, products or services' and the term "economic operator" shall cover equally the concepts of contractor, supplier and service provider. It is used merely in the interest of simplification. [6]
In public procurement we can define 5 subsets of economic operators, based on their abilities, information and their choices: [7]
Procurement is the process of locating and agreeing to terms and purchasing goods, services, or other works from an external source, often with the use of a tendering or competitive bidding process. The term may also refer to a contractual obligation to "procure", i.e. to "ensure" that something is done. When a government agency buys goods or services through this practice, it is referred to as government procurement or public procurement.
E-procurement is the business-to-business or business-to-consumer or business-to-government purchase and sale of supplies, work, and services through the Internet as well as other information and networking systems, such as electronic data interchange and enterprise resource planning.
A concession or concession agreement is a grant of rights, land or property by a government, local authority, corporation, individual or other legal entity.
Project finance is the long-term financing of infrastructure and industrial projects based upon the projected cash flows of the project rather than the balance sheets of its sponsors. Usually, a project financing structure involves a number of equity investors, known as 'sponsors', and a 'syndicate' of banks or other lending institutions that provide loans to the operation. They are most commonly non-recourse loans, which are secured by the project assets and paid entirely from project cash flow, rather than from the general assets or creditworthiness of the project sponsors, a decision in part supported by financial modeling; see Project finance model. The financing is typically secured by all of the project assets, including the revenue-producing contracts. Project lenders are given a lien on all of these assets and are able to assume control of a project if the project company has difficulties complying with the loan terms.
Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 13.6% of EU GDP as of 2018, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.
The Alcatel mandatory standstill period is a period of at least ten calendar days following the notification of an award decision in a contract tendered via the Official Journal of the European Union, before the contract is signed with the successful supplier(s). Its purpose is to allow unsuccessful bidders to challenge the decision before the contract is signed. It is named after a pair of linked European Court of Justice cases which are jointly known as the Alcatel case. Under EU law a statutory "standstill period" was introduced by the Remedies Directive as amended in 2007. Within the UK, it was introduced by the Office of Government Commerce in 2005 and remains within UK contract award legislation under regulation 87 of the Public Contracts Regulations 2015 and regulation 86 of the Public Contracts (Scotland) Regulations 2015, even though the UK has now withdrawn from the European Union.
Government procurement or public procurement is the procurement of goods, services and works on behalf of a public authority, such as a government agency. Amounting to 12 percent of global GDP in 2018, government procurement accounts for a substantial part of the global economy.
The term Public eProcurement refers, in Singapore, Ukraine, Europe and Canada, to the use of electronic means in conducting a public procurement procedure for the purchase of goods, works or services.
Government procurement in Russia relates to the public procurement in Russia by all governmental, regional and local authorities. The government procurement in Russia represents a big segment of the budgetary expenses. The volume of government purchases makes about 25 trillion rubles in 2015 and 30 trillion rubles in 2016. The government purchases system is constantly modernized due to changes in legislation, technical components and information.
A reverse auction is a type of auction in which the traditional roles of buyer and seller are reversed. Thus, there is one buyer and many potential sellers. In an ordinary auction also known as a forward auction, buyers compete to obtain goods or services by offering increasingly higher prices. In contrast, in a reverse auction, the sellers compete to obtain business from the buyer and prices will typically decrease as the sellers underbid each other.
Contract awarding is the method used during a procurement in order to evaluate the proposals taking part and award the relevant contract. Usually at this stage the eligibility of the proposals have been concluded. So it remains to choose the most preferable among the proposed. There are several different methods for this, which are obviously related to the proposition method asked by the procurement management.
An invitation to tender is a formal, structured procedure for generating competing offers from different potential suppliers or contractors looking to obtain an award of business activity in works, supply, or service contracts, often from companies who have been previously assessed for suitability by means of a supplier questionnaire (SQ) or pre-qualification questionnaire (PQQ).
Prompt payment is a commercial discipline which requires businesses to:
The European Single Procurement Document (ESPD) is an electronic self-declaration document to be submitted by suppliers interested in tendering for contracts for the supply of goods, works or services to public bodies located anywhere within the European Union.
Economic and financial standing refers to a business organisation's scale, financial resources and insurance, especially when these are assessed by a public body when determining whether the business may be considered as a potential supplier.
Prozorro is a public electronic procurement system where state and municipal customers announce tenders to purchase goods, works and services, and business representatives compete for the opportunity to become a state supplier.
SIAC Construction Ltd v The County Council of the County of Mayo [2002] IESC 39, [2002] 3 IR 148 was a case in which the Supreme Court of Ireland ruled that, in exercising its margin of discretion in the area of public procurement, a tender awarding authority is required to respect the general principles of equality, transparency and objectivity.
At around £290 billion every year, public sector procurement accounts for around a third of all public expenditure in the UK. EU-based laws continue to apply to government procurement: procurement is governed by the Public Contracts Regulations 2015, Part 3 of the Small Business, Enterprise and Employment Act 2015, and the Public Contracts (Scotland) Regulations of 2015 and 2016. These regulations implement EU law, which applied in the UK prior to Brexit, and also contain rules known as the "Lord Young Rules" promoting access for small and medium enterprise (SMEs) to public sector contracts, based on Lord Young's Review Growing Your Business, published in 2013.