Using Best Value PiPS Procurement in Europe, Need for Compromise?

Abstract

Best Value Procurement Performance Information Procurement System (hereinafter: BVP-PIPS) is a methodology developed in the United States and is now being used by private and public contractors in the Netherlands. For public contractors in Europe, application of BVP-PIPS is not straightforward because of the constraints of the European legislation on procurement. This paper describes how BVP-PiPS can be used in a European legal context. First, some basic aspects of European procurement law are explained. Next, the original BVP-PiPS method is described in short. Subsequently the method is tested against the European legal constraints. Implications from European procurement law to all phases from the BVP-PiPS method will be described. The paper ends with conclusions on how BVP-PiPS can be used within the European legal framework.