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by Sue Arrowsmith - Public Procurement Network

by Sue Arrowsmith - Public Procurement Network

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Simplification of the legal rules<br />

• Should be based on Utilities Directive 2004/17<br />

• Should be some amendments e.g.:<br />

• Need to clarify can consider whole life cycle, including production impacts<br />

(in Commission proposal)<br />

• Deal with “Lianakis” issue (in Commission proposal)<br />

• Exception for framework agreements (hybrid between Directive 2004/17 and<br />

Directive 2004/18?)<br />

• Electronic auction rules need amending to allow negotiation after tenders,<br />

to align with general rules<br />

• Make the “dynamic” purchasing system into a truly dynamic one <strong>by</strong><br />

removing the notice and tender for individual purchases<br />

• Will also give flexibility:<br />

• Free use of the negotiated procedure with a call for competition<br />

• Use of mandatory qualification systems<br />

• Use of qualification systems and PINs to advertise<br />

• No defined list of evidence that can be required for suppliers

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