Background:

The Norwegian Immigration Service (UDI) has been outsourcing return and reintegration services to partners such as IOM and various NGOs for several years, though public procurement through the official European procurement platform TED has been used only occasionally. Procuring return services can be challenging, as there are instances where only one service provider can meet the necessary requirements, while in other situations, multiple providers may be able to compete. In these cases, European Procurement Regulations may necessitate the publication of tenders.

To better understand how return services are procured across Europe, Norway engaged with EMN Member and Observer Countries to explore whether these services are outsourced or managed directly and how European Procurement Regulations are taken into account when deciding to run tenders.

Respondents:

20 EMN Member and Observer Countries provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the ad hoc query results reveals a varied landscape:

• The use of service providers is largely influenced by whether the return is forced or voluntary. Forced returns are typically handled directly by national authorities, while voluntary return and reintegration services are more frequently outsourced.
   
• Many responding countries collaborate with IOM and Frontex, particularly through the FAR and EURP programs, to implement voluntary return and reintegration initiatives. For instance, in EE, the IOM Estonian Office manages assisted voluntary return and reintegration services. BG depends on external partners like IOM and Frontex for these services, while CY works with Frontex under the EURP program for reintegration services.
   
• Regarding procurement methods, several countries have carried out assessments in accordance with European Procurement Regulations, sometimes justifying direct contracts due to specific circumstances. In EE, the Ministry of the Interior concluded that IOM holds a de facto monopoly on return services, which has justified the use of direct calls for proposals, a practice that continues into the 2021-2027 programming period. In FR, competitive tendering is not required when a public employment service has a monopoly, as confirmed by a ministerial letter, allowing for direct contracts without the need for a tendering process. IT has particular regulations for air transport services related to forced returns, which must meet stringent national, European, and international safety standards. In these cases, IT opts for direct contracts to ensure full compliance with these regulatory requirements.

For further details, please refer to the attached compilation of responses.