Introduction
On 25 October, the new European notice format will replace the current forms.
This new format, called “eForms”, will apply throughout the European Union. A few days ago, the French Legal Affairs Directorate (the DAJ) published a note giving more detail on the new format. We have summarised it all in this short article!
eForms: scope
Under the legislation, the new eForms format applies to all public procurement contracts with a value equal to or above the formal procedure thresholds (from €140k for certain supply and service contracts).
In practice, the eForms format has been available since the end of 2022, and you have almost certainly already come across it in your own contracts! It is also a fair bet that many contracts, even below these thresholds, will use the new format.
eForms: what is the point?
The change is first and foremost intended to contribute to the digital transformation of public procurement. The new format will make it easier to enter and transmit information between contracting authorities and publication offices, but also to reduce errors, improve the transparency of contracts and support the management of procurement policy thanks to the open data inherent in this unified format.
eForms: what is new?
Above all, this is about standardising data so that it can be used more effectively.
On the list of new features, the current 25 forms will be replaced by 6 standard forms: prior information notice, contract notice, voluntary ex-ante notice, contract award notice, modification notice, and corrigendum or cancellation notice. These will break down into 40 notice templates. For example, there will be 9 award notice templates for contract results.
As regards the information to be provided, there will be general fields and specific fields, but also mandatory and optional fields. Failure to complete certain fields defined as “mandatory” may amount to a breach of publication obligations.
The eForms include the treatment of sustainable development (optional field).
Finally, reflecting recent case law on the maximum value of a framework agreement, eForms will have to state a maximum amount for that type of contract.
Conclusion
The new notice format brings significant improvements to the public procurement process in Europe, and therefore in France.
It strengthens transparency, streamlines the process and encourages competition between suppliers. By providing clear and accessible information, the format benefits both contracting authorities and suppliers, ultimately delivering better outcomes for all the parties involved.