Navigating Public Procurement in Staffing: A European Perspective

Understanding Public Procurement

Public procurement refers to the process by which public sector bodies acquire goods and services from external suppliers. In the staffing context, this includes contracts for temporary staffing, permanent recruitment, and managed workforce solutions. Unlike private sector agreements, public procurement is governed by stringent regulations aimed at ensuring transparency, fairness, and value for money.​

The European Union (EU) Framework

Within the EU, public procurement is primarily governed by directives that member states transpose into national law. A key piece of legislation is the Public Contracts Directive 2014/24/EU, which outlines procedures for awarding public contracts above certain financial thresholds. The directive is underpinned by core principles:​

• Equal Treatment: All suppliers must be treated without discrimination.
• Transparency: Procurement processes should be open and decisions well-documented.
• Proportionality: Requirements must be appropriate to the contract’s objectives.
• Mutual Recognition: Qualifications and standards from one member state should be accepted by others.​

These principles are implemented through various procedures, such as open, restricted, and competitive negotiated processes, each with specific rules and thresholds.​

To access EU public procurement opportunities, agencies can consult the Tenders Electronic Daily (TED) portal, which publishes all active notices in the Supplement to the Official Journal of the EU.​

The UK’s Post-Brexit Landscape

Following its departure from the EU, the UK has established its own procurement framework. The Procurement Act 2023, effective from 24 February 2025, introduces significant reforms:​

• Simplified Procedures: The Act consolidates previous regulations, aiming to streamline procurement processes.
• Increased Flexibility: Contracting authorities have greater discretion in designing procurement procedures, encouraging innovation.
• Enhanced Transparency: New requirements mandate the publication of procurement data and notices on a central digital platform.
• Emphasis on Value for Money: The Act reinforces the concept of value for money beyond just price, explicitly allowing for the consideration of social value and wider public benefits in award criteria.
• Improved SME Access: Measures are included to make it easier for Small and Medium-sized Enterprises to participate in public procurement and compete for public contracts.​

UK public procurement opportunities are published on the Find a Tender portal, which serves as the UK’s official platform for high-value public sector contracts.​

Switzerland’s Distinctive Framework

Switzerland, while not an EU member, maintains a distinctive public procurement system influenced by international agreements such as the WTO Government Procurement Agreement (GPA) and bilateral treaties with the EU. The country’s procurement regulations operate at multiple levels:​

• Federal Level: Governed by the Federal Act on Public Procurement (FAPP), which outlines the principles and procedures for procurement by federal authorities.​
• Cantonal and Municipal Levels: Each of the 26 cantons has its own procurement legislation, often harmonized through the Intercantonal Agreement on Public Procurement (IAPP), though implementation can vary by canton. ​(CMS Law)

To operate legally in Switzerland, staffing agencies must obtain a cantonal license for local placements and a federal license for cross-border or foreign worker recruitment. These licenses ensure compliance with the Federal Law on Employment and Labor Leasing, regulating private employment and temporary recruitment services.

To access public procurement opportunities in Switzerland, agencies can consult the Simap platform, the official portal for federal, cantonal, and municipal procurement notices.​

EEA Non-EU Member States: Iceland, Liechtenstein, and Norway

Switzerland, while not an EU member, maintains a distinctive public procurement system influenced by international agreements such as the WTO Government Procurement Agreement (GPA) and bilateral treaties with the EU. The country’s procurement regulations operate at multiple levels:​

Switzerland, while not an EU member, maintains a distinctive public procurement system influenced by international agreements such as the WTO Government Procurement Agreement (GPA) and bilateral treaties with the EU. The country’s procurement regulations operate at multiple levels:​

Implications for Staffing Agencies

Public procurement provides notable market opportunities but involves several challenges:

• Complex Compliance: Agencies must navigate detailed, jurisdiction-specific legal requirements, understanding the nuances of EU directives, the UK Act, and national variations across Europe.
• Highly Competitive Market: Transparent and open processes heighten competition, requiring agencies to demonstrate clear value and capability in their bids.
• Social and Sustainability Criteria: Increasingly, agencies must demonstrate their contributions towards social, environmental, as well as economic objectives as part of tender evaluation.
• Resource-Intensive Procedures: Preparing bids involves significant time and expertise to meet stringent deadlines and documentation requirements that vary by country and framework.

Leveraging Technology: Vendor Management Systems (VMS)

Technology significantly enhances an agency’s ability to navigate public procurement effectively across this multi-faceted European landscape. Vendor Management Systems, such as Pixid VMS, support agencies by:

• Enhancing Compliance Management: Tracking regulatory requirements and contractual obligations across multiple jurisdictions.
• Improving Candidate Management: Efficiently handling candidate placements, clearances, and documentation specific to public sector roles in different European countries.
• Providing Robust Reporting: Delivering detailed reports to meet transparency requirements and support decision-making for public sector contracts.
• Optimising Workforce Deployment: Managing placements effectively to adhere strictly to contractual terms and local regulations across Europe.
• Supporting Social Value Objectives: Documenting and showcasing contributions to social and environmental criteria as required by different procurement frameworks, for example, Pixid’s Silver Ecovadis certification is evidence of achieving certain social and environmental targets.

Conclusion

Public procurement across Europe—covering the EU, UK, Switzerland, and EEA non-EU states—offers rich opportunities for staffing agencies prepared to manage complexity and competition effectively. By understanding the distinct regional frameworks and utilising technology-driven solutions like Pixid VMS, agencies can successfully engage with public sector clients, securing valuable contracts and becoming trusted workforce partners to public sector organisations seeking essential workforce solutions across the European continent.

For a more detailed exploration of public procurement principles and procedures, explore the comprehensive guide: Connecting-Expertise Guide to Public Procurement.