by Sue Arrowsmith - Public Procurement Network

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Simplification of the legal rules • Single directive to apply to all covered entities and activities, including concessions • Should replace: • <strong>Public</strong> Sector Directive 2004/18 • Utilities Directive 2004/17 • Defence and Security Directive 2009/81 • The proposed directive on concessions
Simplification of the legal rules • Should be based on Utilities Directive 2004/17 • Should be some amendments e.g.: • Need to clarify can consider whole life cycle, including production impacts (in Commission proposal) • Deal with “Lianakis” issue (in Commission proposal) • Exception for framework agreements (hybrid between Directive 2004/17 and Directive 2004/18?) • Electronic auction rules need amending to allow negotiation after tenders, to align with general rules • Make the “dynamic” purchasing system into a truly dynamic one <strong>by</strong> removing the notice and tender for individual purchases • Will also give flexibility: • Free use of the negotiated procedure with a call for competition • Use of mandatory qualification systems • Use of qualification systems and PINs to advertise • No defined list of evidence that can be required for suppliers
Page 1 and 2: Professor Sue Arrowsmith, Achilles
Page 3 and 4: The functions of supplier remedies
Page 5 and 6: The problems of litigation • Disr
Page 7 and 8: A better balance between costs and
Page 9: Simplification of the legal rules
Page 13 and 14: Simplification of the legal rules
Page 15 and 16: Supplier remedies: a different appr
Page 17 and 18: How would these changes to remedies

by Sue Arrowsmith - Public Procurement Network

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