Has the transposition of Directive 2014/24/EU facilitated the participation of SMEs in the public procurement process in Malta?

Abstract

The objective of this dissertation has been to determine whether the transposition of Directive 2014/24/EU into the Public Procurement Regulations S.L 174.04 in 2016 has facilitated the participation of SMEs in the public procurement process in Malta. This objective to facilitate participation of SMEs in the public procurement was set out in the Directive itself. The role of SMEs in public procurement was examined both in the EU and local context. Furthermore, the specific measures in the Directive and Regulations intended to facilitate the public procurement process for SMEs were identified and compared. To better understand whether this aim to engage more SMEs in public procurement has been achieved by these provisions, a questionnaire was distributed to economic operators who were awarded a tender so as to gather feedback from SMEs who have participated in public procurement from the end of 2016 till the end of 2018. In comparing the research made for the first sections with the findings of the questionnaire, it was concluded that the law may be seen as containing measures aimed at facilitating the process for SMEs. Notwithstanding this, these same measures are seen to have brought with them new difficulties along with the continuation of already existing difficulties for SMEs in public procurement such as added complexities in the application to tender.