At the Hackdays in London organized by OKFN and EJC a serious attempt was made to write up the scrapers for retrieving the data from TED Contract Awards about a) winning companies and b) the award amount.
While we can still not provide a final tally of the number of missing amounts from the 700,000 contract awards downloaded, it is quite clear that a substantial share is missing.
For this reason allow us briefly to review what the relevant EU regulation stipulates with regards to the publication of contract awards.
The Guide to the Community Rules on Public Procurement of Services other than water, energy, transport and telecommunications sectors (DIRECTIVE 92/50/EEC), stipulates the following with regards to the contract awards (my bold):
4.2.2 Contract award notices
As a general rule, contract award notices must be sent to the Office for Official
Publication of the European Communities. The notice will be published in the case of
public contracts for services listed in Annex IA to the Services Directive. In the case of
contracts involving only Annex IB services, the award notice will be published only if the
contracting authority has indicated its agreement.
However, as an exception to this
general rule, publication is not necessary if:
- it would impede law enforcement;
- it would be contrary to public interest;
- it would prejudice the legitimate interests of a particular enterprise,
public or private;
- it might prejudice fair competition between service providers.