“The Use of KPIs for Exclusion on Grounds of Past Performance in Public Contracts”, Gracia Vara Arribas (EIPA, Maastricht)

The latest EU Public Procurement legislative package, the 2014 Directives, provided new grounds for excluding suppliers from public tendering procedures. Some of them are mandatory, whereas other grounds for exclusion are discretionary. Article 57 of the Directive 24/2014/EU regulates them, providing a margin of discretion for some exclusion causes to the Member States.

The UK is now analysing the possibility of using Key Performance Indicators (KPIs) to justify the exclusion of past poor performers from public contracts. The current UK procurement regulations follow the Directives which allow contracting authorities to take into account the past performance of a supplier only in specific circumstances. The UK new proposal might bring interesting insights into the development of methods for evaluating the past performance of bidders. This blog entry briefly presents the UK Government’s proposal, and the initial debate in the UK around it.

Read more here.