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.
Abby Semple, LL.B. (Dub) is a public procurement consultant who has managed tenders on behalf of public sector clients in Ireland and the UK, and worked on the development of procurement law and policy at EU level. Her areas of expertise include the EU Procurement Directives and green and socially responsible procurement. She writes and speaks frequently on procurement topics and is the author of guides on innovation and sustainability in procurement. Consultant Editor Mark Cook, Partner, Anthony Collins Solicitors LLP has over 25 years' experience of advising on relationships between the public, private and not for profit sectors. He has specialised in the European Union public procurement regulatory regime during the entirety of that period, helping contracting authorities to use it as a strategic tool, rather than just a series of hurdles to be overcome. He is a leading expert in sustainable procurement and uses his specialist knowledge in public law and commercial law to position social value in the delivery of public services.
1. The Scope of Procurement under EU law ; 2. Principles ; 3. Procedures ; 4. Specifications, Selection, and Award Criteria ; 5. Contracts and Modifications to Contracts ; 6. Value for Money ; 7. Environmental and Social Responsibility ; 8. Remedies and Implications for Practice