CAs shall not use JCBPP for the purpose of avoiding the application of mandatory public law provisions in conformity with the Union law to which they are subject in their Member States (Art 39 (1) Directive 2014/24/EU

The rationale for increasing cross-border public procurement is, among other:

  • To enhance transparency through better information sharing
  • To enable cross-country learning by sharing experience
  • To strengthen bargaining power and mitigate overly high transaction costs by pooling skills, capacities and through joint negotiations
  • To ensure more efficient and interoperable solutions that can be operational more quickly
  • Enables to promote greater standardization
  • Launches more innovative solutions and encourage suppliers to develop new products and services


Requires strong political commitment and mutual trust between purchasing partners.

Steps for JCBPP under the classical or security and defence directive

    The steps and stages of conducting a JCBPP can be divided in three main parts:

    • The preparation or pre-tender phase
    • The procedure – tender phase
    • The contract performance or post-tender phase.


    The pre-tender phase is critical for a successful procurement procedure. It involves identifying joint procurement interest, organizing collaboration, and preparing the award procedure.

    • In the pre-tender or preparation phase lays the groundwork for any successful JCBPP. This phase is crucial as the decisions taken during this phase influence the success of the entire procedure. It primarily serves three main purposes:
      • the identification of a joint procurement interest
      • the organization of collaboration between contracting authorities
      • the preparation of the award procedure
    • 7 steps to be considered when preparing for the JCBPP:
      • Identification of joint procurement needs
      • Conducting market research
      • Identification of financing possibilities
      • Reaching a decision or memorandum to cooperate
      • Entering into a binding collaboration agreement
      • Preparing the technical description
      • Choosing and drafting the terms of the procurement procedure.
    • The tender phase involves the execution of the procurement procedure, from publishing the tender to awarding the contract. This phase requires meticulous attention to detail, adherence to the procurement laws and regulations, and regular communication among the stakeholders.
    • The post-tender phase concludes with the successful award of the contract to the winning bidder. Moving on to the post-tender phase, the methodology addresses the challenges and requirements of the performance phase. It discusses the specifics of delivery to parties other than the leading buyer, application of penalties, contract modifications, and dispute resolution. It also highlights the need for a system that can handle unforeseen situations and the specific requirements of framework agreements.
    • In terms of auditing and financial duties, the methodology stresses the importance of each contracting authority maintaining its responsibilities towards national audit authorities. It also discusses the challenges faced during the performance/post-tender phase, such as swift budget approval processes and the need for further harmonization efforts at the EU level.

    Locatelli, Ivo, Do European Public Buyers Purchase Together? An Assessment of Joint Cross-Border Procurement Contracts

    How to: Guide for JCBPP & IP

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