Introduction
On October 25, the new European format for advertising notices will replace the current forms.
This new format, called “eForms”, will apply throughout the European Union. A few days ago, the Legal Affairs Directorate (DAJ) published a notice giving more details on this new format. We’ve summed it all up for you in this short article!
eForms format: scope of application
According to the text, the new eForms format applies to all public procurement contracts with a value equal to or greater than the formalized procedure thresholds (from 140K for certain supply and service contracts).
In practice, the eForms format has been available since the end of 2022, so you’ve probably already come across it in your markets! What’s more, it’s a safe bet that many markets, even those below these thresholds, will apply this new format.
Why eForms?
This change is primarily intended to contribute to the digital transformation of public procurement. This new format will not only simplify the input and transmission of information between contracting authorities and offices, but will also reduce errors, improve contract transparency and facilitate the management of purchasing policies, thanks to the open data inherent in this unified format.
What’s new in the eForms format?
Above all, the aim is to standardize data, so that it can be better exploited.
As a result, the 25 current forms will be replaced by 6 standard forms: pre-information, contract notice, voluntary ex-ante notice, award notice, amendment notice, corrective or cancellation notice. These will be available in 40 notice models. For example, there will be 9 models of award notice for market results.
In terms of the information to be provided, there will be general and specific fields, as well as mandatory and optional fields. The absence of certain fields defined as “mandatory” may result in non-compliance with advertising obligations.
eForms include sustainability considerations (optional field).
Finally, in line with recent case law on the maximum amount of a framework agreement, eForms will be required to specify a maximum amount for this type of contract.
Conclusion
The new advertising notice format brings significant improvements to the public procurement process in Europe, and consequently in France.
It enhances transparency, streamlines the process and encourages competition between suppliers. By providing clear, accessible information, this format benefits both contracting authorities and suppliers, which ultimately translates into better results for all concerned.
