Submitting The ESPD In Electronic Form - Facilitation Or A Hurdle For Ongoing Public Procurement Procedures?

As of 1 April 2018, applicants in tender procedures must submit the European Single Procurement Document ("ESPD") in electronic form using a template provided by the European Commission. The obligation to provide the ESPD in electronic form applies to all tender procedures regardless of when the procedure was opened. Thus, all ESPDs submitted on or after 1 April 2018 have to be in electronic form in accordance with article 67, para 4 of the Public Procurement Act ("PPA"). Recently, the provision of the PPA has come under the spotlight regarding the specifics of the submission. Below we highlight few key points on this topic:

Electronic form

The electronic form of the ESPD (eESPD) is not defined by the type of signatures used, but on the basis of its being stored electronically (not on paper). Thus, the eESPD is an electronic document and as such it must be properly signed upon submission of the tender application.