National public procurement regulations favouring SME (Small or Medium Enterprises)

Investigating country

Netherlands

Question

" Is there in your country a regulation that favours or benefits SME's (small or medium enterprises), for example by an obligation or otherwise (like contracts below certain thresholds are only for SME's or 25 % of all contracts by a contracting authority have to be awarded to SME's) ? "

PPN members' answers

Austria

No legal obligation to favour SME's exists. Although in some cases SME's are to be taken in due consideration.

 

Belgium

No such regulation.

 

Croatia

No, procurement is fully under market competition for all (SME included).

 

Cyprus

No such regulation.

 

Czech Republic

No such regulation.

 

Denmark

No such regulation.

 

Estonia

No, there is not any regulation that favours or benefits SME's.

 

Finland

No such regulation.

 

France

No : currently not (considering changes) but there are several general provisions that apply to all economic operators but are particularly useful for SME's.

 

Germany

No special quota but other measures like obligation for lots in case of big contracts. Groups / associations of bidders have to be accepted in the tendering procedure and treated like one single bidder to enable SME's to join together in order to obtain a contract which would have been too big for one SME alone. Also obligation of acceptance of alternatives (for innovative SME's).

 

Greece

Yes, there is a regulation as regards works and research contracts that favours SME's through the obligatory registration of companies in classes depending on their size and the level of the budget of contracts sought. Thus, lower class registered companies can participate in competitions for contracts of lower budget where other, in higher-class registered companies may not.

 

Hungary

No, there is no special regulation that favours or benefits the SME's in the contract award procedures neither below nor above EC public procurement thresholds.

 

Iceland

No specific treatment concerning SME's in Iceland. (99 % of Icelandic companies are SME's according to standard definition of SME's).

 

Ireland

No regulation to favour SME's ; the Directives don't facilitate such favouritism.

 

Italy

No such regulation.

 

Latvia

No, there is not some kind of " reserved space " or direct advantages for SME's.

 

Liechtenstein

No regulation that favours or benefits SME's.

 

Lithuania

No, there are no preferences provided for SME's.

 

Luxembourg

No, but legislation contains an article saying that groups and associations of bidders have to be accepted, especially in the way that they can respect the minimal conditions of staff and other references.

 

Malta

No such regulation.

 

Norway

No, there are no regulations favouring SME's. However the rules on government procurement is designed so as to allow SME's to participate in public tenders by decentralisation of procurement and simple notification for contracts with low thresholds.

 

Poland

No such provisions in public procurement (no obligation and no possibility to reserve a contract or part of contract for SME's).

 

Portugal

No, there is no provision regarding such special measures concerning SME's participation in public procurement with the intent to favour their position.

 

Slovakia

No, there are no provisions in current PP Act and in draft of PP Act concerning preferences for SME's.

 

Slovenia

No such regulation.

 

Spain

The SME's don't have any advantage.

 

Sweden

No such regulation, but Sweden has adopted a secondary legislation within the system of government procurement of framework agreements, in which one phrase says :

" In that connection (framework agreements - editors comment) the possibility of small and medium size enterprises to participate in the procurements shall be considered. "

 

United Kingdom

No such regulation.