Legal framework for Green Public Procurement GPP

1. Notes: This presentation is aimed at those responsible for the actual implementation of procurement within contracting authorities. Notes have been provided throughout the presentation to assist the person delivering the training course. Additionally a number of interactive exercises have been suggested for extended training sessions, designed to reinforce the information being presented. It is advisable to ask participants in advance to bring along sample tender documents published in the past - both those which contain environmental criteria and those which don�t. Alternatively the trainer can bring one example of each. The trainer should be aware of the relevant legislation in the country which transposed the recent EU public procurement Directives mentioned in slide 2. The latest information on the Directives is available on the SIMAP website (http://simap.europa.eu/). It would also be useful for the trainer to be aware of the most common ecolabels in the country, and any other possible sources of GPP criteria, such as guidance from the national government. Further information on the legal framework can be found in the Commission�s Buying Green Handbook, available in all EU languages at: http://ec.europa.eu/environment/gpp/guideline_en.htm Notes: This presentation is aimed at those responsible for the actual implementation of procurement within contracting authorities. Notes have been provided throughout the presentation to assist the person delivering the training course. Additionally a number of interactive exercises have been suggested for extended training sessions, designed to reinforce the information being presented. It is advisable to ask participants in advance to bring along sample tender documents published in the past - both those which contain environmental criteria and those which don�t. Alternatively the trainer can bring one example of each. The trainer should be aware of the relevant legislation in the country which transposed the recent EU public procurement Directives mentioned in slide 2. The latest information on the Directives is available on the SIMAP website (http://simap.europa.eu/). It would also be useful for the trainer to be aware of the most common ecolabels in the country, and any other possible sources of GPP criteria, such as guidance from the national government. Further information on the legal framework can be found in the Commission�s Buying Green Handbook, available in all EU languages at: http://ec.europa.eu/environment/gpp/guideline_en.htm

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3. Notes: Adherence to these principles is critical to emphasise throughout the presentation. For public procurement it is important to emphasise that there should be no discrimination of suppliers based on geographical location - i.e. local/national suppliers cannot be favoured over those from other EU countries. Nor can a contracting authority discriminate with regards to the kind of proof to be presented by suppliers � all kinds of proof must be accepted.Notes: Adherence to these principles is critical to emphasise throughout the presentation. For public procurement it is important to emphasise that there should be no discrimination of suppliers based on geographical location - i.e. local/national suppliers cannot be favoured over those from other EU countries. Nor can a contracting authority discriminate with regards to the kind of proof to be presented by suppliers � all kinds of proof must be accepted.

4. Notes: It is very important to distinguish between the various stages of a procurement process; therefore, the trainer will need to make sure he/she uses the right expressions when translating these different tender stages into the local language. Interactive exercise: The trainer can at this stage already ask the participants for examples as to how environmental requirements may be included at these different stages of a tender process - either as an exercise in small groups, or as a whole group exercise.Notes: It is very important to distinguish between the various stages of a procurement process; therefore, the trainer will need to make sure he/she uses the right expressions when translating these different tender stages into the local language. Interactive exercise: The trainer can at this stage already ask the participants for examples as to how environmental requirements may be included at these different stages of a tender process - either as an exercise in small groups, or as a whole group exercise.

5. Notes: �Subject Matter� means the title of the tender - i.e. a short description of the product, works or service to be procured. Notes: �Subject Matter� means the title of the tender - i.e. a short description of the product, works or service to be procured.

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7. Notes: The examples in the box at the top are designed to provide an introductory sample of acceptable Subject Matter texts. Notes: The examples in the box at the top are designed to provide an introductory sample of acceptable Subject Matter texts.

8. Interactive exercise: The two groups of examples in the slide are animated. The first two will appear without the face graphics: Ask participants whether these are examples of acceptable Subject Matter definitions, and if not, why not? Click again and the faces will appear. The second example (�local food�) is incorrect, as it discriminates against suppliers on the basis of geographical location. Follow the same routine for the second group of examples. The first example (�Energy Star certified�) is incorrect, as you are not allowed to demand that the product has a certain product label. This is deemed discriminatory and is clearly forbidden in the Procurement Directives.Interactive exercise: The two groups of examples in the slide are animated. The first two will appear without the face graphics: Ask participants whether these are examples of acceptable Subject Matter definitions, and if not, why not? Click again and the faces will appear. The second example (�local food�) is incorrect, as it discriminates against suppliers on the basis of geographical location. Follow the same routine for the second group of examples. The first example (�Energy Star certified�) is incorrect, as you are not allowed to demand that the product has a certain product label. This is deemed discriminatory and is clearly forbidden in the Procurement Directives.

9. Notes: �Technical Specifications� provide a description of the requirements and standards to which the goods, works or services should conform. Their purpose is to present prospective suppliers with a clear, accurate and full description of the requirement. For instance, in the Subject Matter you can request �Energy efficient computers�. In the Technical Specifications you will then need to define exactly what this means - e.g. �power consumption in �stand-by� mode must not exceed X watts�.Notes: �Technical Specifications� provide a description of the requirements and standards to which the goods, works or services should conform. Their purpose is to present prospective suppliers with a clear, accurate and full description of the requirement. For instance, in the Subject Matter you can request �Energy efficient computers�. In the Technical Specifications you will then need to define exactly what this means - e.g. �power consumption in �stand-by� mode must not exceed X watts�.

12. Notes: Ecolabels are one of the most useful tools available for a procurer as they provide ready-made environmental requirements and are a useful form of simple verification. Further information on the use of ecolabels in public procurement is given in the Fact sheet in Module 1 at http://ec.europa.eu/environment/gpp/pdf/toolkit/module1_factsheet_ecolabels.pdf and also on the EU ecolabel website at http://ec.europa.eu/environment/ecolabel/whats_eco/gpp_en.htm. Interactive exercise: Ask the participants which ecolabels they know of, and whether they have ever used the criteria contained in ecolabels in their tender documents. Also ask if there are any other sources of criteria which they use (such as guidelines produced by national governments).Notes: Ecolabels are one of the most useful tools available for a procurer as they provide ready-made environmental requirements and are a useful form of simple verification. Further information on the use of ecolabels in public procurement is given in the Fact sheet in Module 1 at http://ec.europa.eu/environment/gpp/pdf/toolkit/module1_factsheet_ecolabels.pdf and also on the EU ecolabel website at http://ec.europa.eu/environment/ecolabel/whats_eco/gpp_en.htm. Interactive exercise: Ask the participants which ecolabels they know of, and whether they have ever used the criteria contained in ecolabels in their tender documents. Also ask if there are any other sources of criteria which they use (such as guidelines produced by national governments).

14. Notes: The end product does not need to be altered physically by the production process, but rather the characteristics of the product, from a life cycle perspective, are altered. For example: �Green� electricity or �organic food� (clearly recognised by consumers as different from conventional electricity or food). Requiring that a certain proportion of recycled material, or sustainably harvested material, is used in the manufacture of the final product. Limiting harmful emissions to air and water during the production process. Limiting the energy and water consumed during the production process. Notes: The end product does not need to be altered physically by the production process, but rather the characteristics of the product, from a life cycle perspective, are altered. For example: �Green� electricity or �organic food� (clearly recognised by consumers as different from conventional electricity or food). Requiring that a certain proportion of recycled material, or sustainably harvested material, is used in the manufacture of the final product. Limiting harmful emissions to air and water during the production process. Limiting the energy and water consumed during the production process.

15. Notes: Further examples of criteria which are not acceptable, as they are not specifically related to the subject of the contract include: Requiring suppliers to use non-toxic cleaning products in their facilities. Requiring suppliers (of products) to use low emission vehicles for their operations (this can be required for service contractors, if specifically relating to the vehicles used in carrying out the service). Requiring suppliers to purchase green electricity Requiring suppliers to have established environmental management systems for all their operationsNotes: Further examples of criteria which are not acceptable, as they are not specifically related to the subject of the contract include: Requiring suppliers to use non-toxic cleaning products in their facilities. Requiring suppliers (of products) to use low emission vehicles for their operations (this can be required for service contractors, if specifically relating to the vehicles used in carrying out the service). Requiring suppliers to purchase green electricity Requiring suppliers to have established environmental management systems for all their operations

16. Notes: �Verification� means the proof required from the potential supplier that the Technical Specifications are met by the product or service being offered. Ecolabel criteria are not limited in scope to environmental performance requirements but also contain assessment and verification requirements. These can also be included in tender documents such as technical specifications, however the contracting authority will have to specify that it will also recognise other equivalent methods of verification and assessment. Notes: �Verification� means the proof required from the potential supplier that the Technical Specifications are met by the product or service being offered. Ecolabel criteria are not limited in scope to environmental performance requirements but also contain assessment and verification requirements. These can also be included in tender documents such as technical specifications, however the contracting authority will have to specify that it will also recognise other equivalent methods of verification and assessment.

17. Interactive exercise (continued on the next slide): The examples are animated. The face graphics appear one by one: Organise participants into groups. The aim of the exercise is to correctly identify the criteria which are not compliant with EU Public Procurement Directives, and to indicate why they are not compliant. Click again and the faces will appear one by one. �Certified Blue Angel paper� - not compliant as you cannot demand that products hold a specific ecolabel. �Durability >100 years, according to ISO 9706 or DIN 6738� - not compliant as you need to include the phrase �or equivalent� when referring to such technical standards.Interactive exercise (continued on the next slide): The examples are animated. The face graphics appear one by one: Organise participants into groups. The aim of the exercise is to correctly identify the criteria which are not compliant with EU Public Procurement Directives, and to indicate why they are not compliant. Click again and the faces will appear one by one. �Certified Blue Angel paper� - not compliant as you cannot demand that products hold a specific ecolabel. �Durability >100 years, according to ISO 9706 or DIN 6738� - not compliant as you need to include the phrase �or equivalent� when referring to such technical standards.

18. Interactive exercise (continued): �Low fertiliser use during food cultivation� - not compliant as it is not clear enough what is meant by �low fertiliser use.�Interactive exercise (continued): �Low fertiliser use during food cultivation� - not compliant as it is not clear enough what is meant by �low fertiliser use.�

19. Notes: �Selection Criteria� focus on the company�s ability to perform the contract which they are tendering for. Selection criteria cover both exclusion and financial and technical selection criteria. Exclusion criteria relate to the personal situation of the bidder (compliance with social security schemes, taxation legislation, environmental legislation). Applicable exclusion criteria are exhaustively listed in the procurement directives; you can only exclude a supplier on environmental grounds if he has been convicted of having broken national environmental legislation. Notes: �Selection Criteria� focus on the company�s ability to perform the contract which they are tendering for. Selection criteria cover both exclusion and financial and technical selection criteria. Exclusion criteria relate to the personal situation of the bidder (compliance with social security schemes, taxation legislation, environmental legislation). Applicable exclusion criteria are exhaustively listed in the procurement directives; you can only exclude a supplier on environmental grounds if he has been convicted of having broken national environmental legislation.

20. Notes: Technical selection criteria are linked to the subject matter and concern the financial and technical capacity of bidders to perform a certain contract. If the technical specifications or award criteria include environmental aspects, then it may be useful to require some relevant environmental expertise from bidders. Applicable selection criteria are also exhaustively listed in the procurement directives.Notes: Technical selection criteria are linked to the subject matter and concern the financial and technical capacity of bidders to perform a certain contract. If the technical specifications or award criteria include environmental aspects, then it may be useful to require some relevant environmental expertise from bidders. Applicable selection criteria are also exhaustively listed in the procurement directives.

22. Notes: Interactive exercise: The examples are animated. The face graphics appear one by one: Organise participants into groups. The aim of the exercise is to correctly identify the criteria which are not compliant with EU Public Procurement Directives, and to indicate why they are not compliant. Click again and the faces will appear. �Technical capacity = The possession of an EMAS for construction sites� - not compliant because you cannot demand that the supplier has a specific environmental management system in place. You can only request that they have the capacity to carry out the work in an environmentally sound manner. Alternative: �Technical capacity - Provide evidence of your capacity to carry out the works in an environmentally sound manner - a certified environmental management system (such as EMAS) for building sites will be deemed to demonstrate compliance, as will other appropriate forms of proof such as evidence of environmental management measures taken in previous contracts.�Notes: Interactive exercise: The examples are animated. The face graphics appear one by one: Organise participants into groups. The aim of the exercise is to correctly identify the criteria which are not compliant with EU Public Procurement Directives, and to indicate why they are not compliant. Click again and the faces will appear. �Technical capacity = The possession of an EMAS for construction sites� - not compliant because you cannot demand that the supplier has a specific environmental management system in place. You can only request that they have the capacity to carry out the work in an environmentally sound manner. Alternative: �Technical capacity - Provide evidence of your capacity to carry out the works in an environmentally sound manner - a certified environmental management system (such as EMAS) for building sites will be deemed to demonstrate compliance, as will other appropriate forms of proof such as evidence of environmental management measures taken in previous contracts.�

23. Notes: �Award� or �Evaluation Criteria� refer to the aspects which the contracting authority will consider when evaluating the quality of the different bids which meet the minimum requirements (technical specifications and selection criteria). For the purposes of GPP it is best to use the Most Economically Advantageous Tender option, as this allows environmental criteria to be taken into account in the evaluation - unless the environmental requirements in the technical specification are strict enough, in which case it may be unnecessary to give further weighting to environmental issues in the award phase.Notes: �Award� or �Evaluation Criteria� refer to the aspects which the contracting authority will consider when evaluating the quality of the different bids which meet the minimum requirements (technical specifications and selection criteria). For the purposes of GPP it is best to use the Most Economically Advantageous Tender option, as this allows environmental criteria to be taken into account in the evaluation - unless the environmental requirements in the technical specification are strict enough, in which case it may be unnecessary to give further weighting to environmental issues in the award phase.

24. Notes: If the contracting authority intends to take into account whole life costing, it must specify in the tender documents that the final decision will be based on the most economically advantageous tender, taking into account whole life costing.Notes: If the contracting authority intends to take into account whole life costing, it must specify in the tender documents that the final decision will be based on the most economically advantageous tender, taking into account whole life costing.

29. Notes: These are examples of the weighting scheme which a contracting authority may use to evaluate the different bids received. It is assumed that a maximum of 100 points is available in total and that the bid which receives the highest points total is awarded the contract. More detail is provided, in the next slide, regarding the exact tender evaluation mechanism for the energy consumption defined in the first example. Interactive exercise: The examples are animated. The face graphics appear one by one: Organise participants into groups. The aim of the exercise is to correctly identify the criteria which are not compliant with EU Public Procurement Directives, and to indicate why they are not compliant. Click again and the faces will appear �for environmental aspects: up to 10 points� - not compliant as it is not clearly specified what the environmental aspects are and how they will be judged. �for the possession of an EMAS: 10 points� - not compliant because you cannot demand that the supplier has a specific environmental management system. You can only ask that they have the capacity to carry out the work in an environmentally sound manner.Notes: These are examples of the weighting scheme which a contracting authority may use to evaluate the different bids received. It is assumed that a maximum of 100 points is available in total and that the bid which receives the highest points total is awarded the contract. More detail is provided, in the next slide, regarding the exact tender evaluation mechanism for the energy consumption defined in the first example. Interactive exercise: The examples are animated. The face graphics appear one by one: Organise participants into groups. The aim of the exercise is to correctly identify the criteria which are not compliant with EU Public Procurement Directives, and to indicate why they are not compliant. Click again and the faces will appear �for environmental aspects: up to 10 points� - not compliant as it is not clearly specified what the environmental aspects are and how they will be judged. �for the possession of an EMAS: 10 points� - not compliant because you cannot demand that the supplier has a specific environmental management system. You can only ask that they have the capacity to carry out the work in an environmentally sound manner.

30. Interactive exercise: Give the participants the following information and ask them to calculate how many points each offer should be given out of 20 for energy demand : The technical specification is for the building to have a final energy demand of no more than 110 kWh/m2/year. The following offers have been received: A: Final energy demand: 95 kWh/m2/year B: 60 kWh/m2/year C: 110 kWh/m2/year D: 70 kWh/m2/year Answers: A: 6 points. (The best offer (Offer B) gives an improvement of 50 kWh/m2/year on that demanded in the specification. This offer gives an improvement of 15 kWh/m2/year. This is equal to 30% of the improvement of the best offer, so this offer receives 30% of the 20 points = 6 points) B: 20 points (as the best offer) C: 0 points (only meets the specification) D: 16 points (The best offer gives an improvement of 50 kWh/m2/year on that demanded in the specification. This offer gives an improvement of 40 kWh/m2/year. This is equal to 80% of the improvement of the best offer, so this offer receives 80% of the 20 points = 16 points) Interactive exercise: Give the participants the following information and ask them to calculate how many points each offer should be given out of 20 for energy demand : The technical specification is for the building to have a final energy demand of no more than 110 kWh/m2/year. The following offers have been received: A: Final energy demand: 95 kWh/m2/year B: 60 kWh/m2/year C: 110 kWh/m2/year D: 70 kWh/m2/year Answers: A: 6 points. (The best offer (Offer B) gives an improvement of 50 kWh/m2/year on that demanded in the specification. This offer gives an improvement of 15 kWh/m2/year. This is equal to 30% of the improvement of the best offer, so this offer receives 30% of the 20 points = 6 points) B: 20 points (as the best offer) C: 0 points (only meets the specification) D: 16 points (The best offer gives an improvement of 50 kWh/m2/year on that demanded in the specification. This offer gives an improvement of 40 kWh/m2/year. This is equal to 80% of the improvement of the best offer, so this offer receives 80% of the 20 points = 16 points)

32. Interactive exercise: 1) The examples are animated. The face graphics appear one by one: Ask participants whether these are appropriate clauses, and if not, why not? Click again and the faces will appear �All products must indicate�., and can�t be classified as Toxic (T)� - not appropriate as this is a disguised Technical Specification, and may not necessarily be possible for all contractors to meet. 2) Take the two sample tenders which the participants have brought with them - one which contains environmental criteria and one which does not. Split the participants into small groups and give each group a copy of the tender documents. The tenders should ideally refer to the product groups covered in Module 3. The trainer can refer to the criteria proposed in Module 3 for suggestions. For the tender which includes environmental criteria, the group should assess whether they have been included appropriately. For the tender which does not include environmental criteria, the group should try to develop suitable criteria to incorporate.Interactive exercise: 1) The examples are animated. The face graphics appear one by one: Ask participants whether these are appropriate clauses, and if not, why not? Click again and the faces will appear �All products must indicate�., and can�t be classified as Toxic (T)� - not appropriate as this is a disguised Technical Specification, and may not necessarily be possible for all contractors to meet. 2) Take the two sample tenders which the participants have brought with them - one which contains environmental criteria and one which does not. Split the participants into small groups and give each group a copy of the tender documents. The tenders should ideally refer to the product groups covered in Module 3. The trainer can refer to the criteria proposed in Module 3 for suggestions. For the tender which includes environmental criteria, the group should assess whether they have been included appropriately. For the tender which does not include environmental criteria, the group should try to develop suitable criteria to incorporate.

33. Note: This slide and the following slides contain practical examples of criteria used throughout different stages of the procurement process. They are included in order to demonstrate to the participants the application of the theory in practice. Note: This slide and the following slides contain practical examples of criteria used throughout different stages of the procurement process. They are included in order to demonstrate to the participants the application of the theory in practice.

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40. Further information For the full GPP Training Toolkit please visit: http://ec.europa.eu/environment/gpp/toolkit_en.htm