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OECD - Public Procurement in Germany

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OECD Public Procurement in Germany
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OECD Public Governance Reviews Public Procurement in Germany Strategic - photo 1
OECD Public Governance Reviews
Public Procurement in Germany Strategic Dimensions for Well-being and Growth
Please cite this publication as:
OECD (2019), Public Procurement in Germany: Strategic Dimensions for Well-being and Growth , OECD Public Governance Reviews, OECD Publishing, Paris, https://doi.org/10.1787/1db30826-en .
Metadata Legal and Rights ISBN 978-92-64-36548-3 print - - photo 2
Metadata, Legal and Rights
ISBN: 978-92-64-36548-3 (print) - 978-92-64-70779-5 (pdf) - 978-92-64-94821-1 (HTML) - 978-92-64-39071-3 (epub)
DOI: https://doi.org/10.1787/1db30826-en
OECD Public Governance Reviews
ISSN: 2219-0406 (print) - 2219-0414 (online)
This document, as well as any data and any map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.
The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law.
Photo credits: Cover shutterstock/Sergey Nivens. Designed by Maro Haas.
Corrigenda to OECD publications may be found on line at: www.oecd.org/about/publishing/corrigenda.htm .
OECD 2019
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Preface

According to estimates by the OECD, every year the German federal government, Lnder and municipalities procure services amounting to at least EUR 500 billion or 15 % of GDP. This means that the public sector is one of the most important market participants. The government needs to spend the funds that are available to it both resourcefully and efficiently. At the same time, the government must ensure that it fulfils its responsibilities, such as the provision of public services. It also has a special role to play with regard to acting as a model consumer and investor.

The instruments involved in public procurement are set out in procurement law, which not only serves economic interests, but must also ensure that procurement processes are based on competition and are transparent as well as fair.

In view of the complex challenges that public procurement has to master, I very much welcome the fact that this OECD review has taken a very close look at the structures underlying procurement and government contracting in Germany especially the economic side, that it analyses the challenges involved, and that it also provides valuable advice on how procurement can be developed going forward.

The last comprehensive reform of procurement law, which took place in 2016, has served to equip Germany with a modern and flexible procurement system. The advice developed by the OECD now needs to be applied in practice, and effective use should be made of the flexibility that procurement law provides. One particular challenge that the public sector needs to address more closely than it has done to date is the digitalisation of procurement. This includes making a large proportion of procurement procedures completely electronic from demand planning and tendering, through to contract monitoring. When it comes to digitalisation, it is important to me that Germany is not left behind.

The use of modern procurement instruments often requires precise knowledge of the market and technical expertise. In many cases, it would therefore make good sense for skills to be bundled and procurement activities to be centralised. The OECD correctly points to the potential for centralising procurement in Germany even more.

We also need to ensure that local procurement officers are better and more broadly trained. This is the only way that we can make actual use of the large flexibility that procurement law offers and make procurement efficient. Lastly, the public sector needs to act upon the special responsibility that it has and procure even more sustainably than before, i.e. doing so in accordance with ecological, social and innovative criteria.

This OECD review shows once again that the public sector needs to focus more heavily on the economic side in the awarding of its contracts. The national statistics on procurement will provide Germany with a valid data foundation for public procurement for the very first time. This information enables procurement practice and the legal framework for procurement to both be optimised further. These statistics will therefore lead to the emergence of a more strongly evidence-based economic policy.

Peter Altmaier

Federal Minister for Economic Affairs and Energy

Public Procurement in Germany - image 3

Foreword

In recent years, countries around the globe have increasingly used public procurement more strategically, by leveraging its economic impact and its unique role as the interface between public service delivery, citizens and business. Governments aim to achieve broader policy objectives by using procurements vast economic potential. While they have to ensure that every cent of public money is efficiently spent, governments also seek to maximise impact on the economy, achieve broader policy objectives and address societal challenges.

Germany was one of the first countries to recognise the diverse effects of public procurement, acknowledging both its strategic and economic dimensions. Subsequently, Germany asked the OECD to review its federal procurement system, and the aspects that have a critical impact on the effectiveness of policies for inclusive growth and citizen well-being.

Indeed, public procurement strategies can play a critical role in addressing critical issues, ranging from ageing societies and climate change, to maintaining economic competitiveness through innovation and promoting inclusion to reduce inequalities. Like many other countries, Germany still has some way to go to achieve commitments under the Paris agreement, which will require substantial public investment. Moreover, estimates show that healthcare spending in Germany will increase from about 7.6% today, to 8.3% of GDP by 2060 due to demographic change.

This review demonstrates how a strong focus on capacity and competence can increase sustainability and innovation in public procurement processes. Germany is currently implementing an improved e-procurement system a particularly daunting task given the German context, as information from different governmental levels has to be integrated and shared.

Similarly, while Germany is beginning to realise the benefits of consolidating procurement, more can be done to further analyse and communicate such benefits. Policy-makers and citizens are increasingly seeking to quantify the impact of strategic public procurement. The OECD has been at the forefront of operationalising strategic procurement, by setting global standards, providing evidence and offering practical support to countries.

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