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semple practical guide public procurement 2015

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Textbook in PDF format A Practical Guide to Public Procurement by Abby Semple is a guide to the EU legislation which governs the award of public contracts in all 28 EU countries. How can public contracts be used effectively to achieve the broader aims of government? Increasingly, emphasis is placed on strategic aspects of public procurement such as value for money, competition, environmental sustainability and social value. The 2014 EU procurement directives offer a new framework in which to pursue these objectives, significantly expanding upon the possibilities under earlier directives. They also represent an evolution in the scope of coverage of the rules, with concessions and certain forms of public-public cooperation being explicitly regulated for the first time, and social and other specific services now subject to a lighter regime. This book offers both an accessible introduction to the new directives and a critical assessment of their impact. Drawing upon a detailed understanding of the motivations for the reform process and the relevant case law of the Court of Justice, it is a valuable reference for public sector practitioners, lawyers and others with an interest in what the rules mean in practice. Each chapter includes analysis of the EU law applicable to different procurement activities-from pre-procurement and advertising to tender evaluation, contract management, and modifications to contracts. Detailed consideration is given to the procedures available under the 2014 directives and how these can be used to achieve desired outcomes. Relevant cases from the Court of Justice, UK, and Irish courts are discussed throughout the text. Particular attention is given to the potential to further green, social, and economic development policies through procurement. The final chapter analyses the remedies regime as applied in the UK and Ireland, drawing lessons regarding clarification of tenders, evaluation methods, and notification letters. The book contains practical examples and diagrams illustrating key points discussed in the text. Public procurement is increasingly identified as a means of achieving policy objectives from carbon reduction to a more innovative, resilient, and inclusive economy. Many services traditionally provided by government are now carried out by external contractors, bringing focus to the way in which public contracts influence the wider market, as well as delivering societal needs. Public expenditure on goods, services, and works represents an average of 13 per cent of GDP in OECD countries, and amounts to some €2.5 trillion annually or 19 per cent of GDP in the European Union. Competition to win larger contracts takes place under European Union and World Trade Organization rules, which aim to promote the free movement of goods and services across borders. At the same time, constraints on public spending mean that commissioning and procurement officers are under pressure to demonstrate greater value for money and, in some cases, to champion local or national firms. Policies which aim to leverage procurement must take account of these multiple strings pulling in different directions. This book seeks to critically examine the interaction between procurement law, policy, and practice within the structure provided by the 2014 procurement directives. Table of Contents Table of Cases Table of Legislation List of Abbreviations Introduction The Scope of Procurement under EU Law Definition of Public Contracts Thresholds and Valuation of Contracts Mixed Contracts Contracts in the Water, Energy, Transport, and Postal Services Sectors Specific Exclusions The New Regime for Social and Other Specific Services Concessions Public-Public Cooperation Joint and Central Purchasing Arrangements Public-Private Partnerships and Land Development Agreements Cross-Border Interest and the Frontiers of EU Public Procurement Law Principles Free Movement Mutual Recognition Non-Discrimination and Equal Treatment Positive Discrimination Policies in Procurement Proportionality Transparency Subsidiarity Procedures Choice of Procedure Time Limits Pre-procurement Open Procedure Restricted Procedure Competitive Procedure with Negotiation Competitive Dialogue Innovation Partnership Negotiated Procedure without Prior Publication Design Contests Framework Agreements and Dynamic Purchasing Systems Lots Electronic Auctions and Electronic Catalogues Specifications, Selection, and Award Criteria Exclusion Criteria Criteria for Qualitative Selection Means of Proof Technical Specifications Award Criteria Abnormally Low Tenders Contracts and Modifications to Contracts What Makes a Good Contract? Framework Agreements Contract Performance Clauses Subcontracting Provisions Modifications to Contracts Consequences of Modifications—Ability to Terminate Contracts Value for Money Cost, Time, Quality, and Other Factors How VfM is Addressed in Procurement Public Sector Budgeting and VfM Public Sector Comparator Summary Environmental and Social Responsibility EU Legal and Policy Framework Environmental Considerations under the 2014 Directives Social and Socio-Economic Considerations under the 2014 Directives Critique—Is the ‘Link to the Subject-matter’ Requirement Sustainable? Recommended Approaches Remedies and Implications for Practice The Remedies Directives Remedies in the United Kingdom Remedies in Ireland Preliminary References to the CJEU Enforcement by the European Commission Implications for Procurement Practice Conclusion Index

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semple practical guide public procurement 2015

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