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Author: Albert Sánchez Graells Publisher: Bloomsbury Publishing ISBN: 1782253599 Category : Law Languages : en Pages : 480
Book Description
Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.
Author: Gustavo Piga Publisher: Routledge ISBN: 1136217762 Category : Business & Economics Languages : en Pages : 331
Book Description
This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.
Author: Christopher Bovis Publisher: Edward Elgar Publishing ISBN: 1781953260 Category : Law Languages : en Pages : 665
Book Description
Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.
Author: Martin Trybus Publisher: Cambridge University Press ISBN: 1107002508 Category : Law Languages : en Pages : 583
Book Description
A critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC in its legal, economic, military, and political context.
Author: Steen Treumer Publisher: Edward Elgar Publishing ISBN: 178811454X Category : Law Languages : en Pages : 368
Book Description
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom. The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes. Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read. Contributors include: R. Ågren, P. Bogdanowicz, M. Burgi, R. Caranta, M. Comba, D. Dragos, P. Ferk, K. Härginen, F. Lichère, B. Neamtu, S. Richetto, A. Sanchez Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcárcel Fernández, D. Wolff
Author: Herbert Robinson Publisher: John Wiley & Sons ISBN: 9781444318753 Category : Technology & Engineering Languages : en Pages : 264
Book Description
"The book not only gives a clear picture of the policy andstrategic framework of PFI/PPP projects, the governance andknowledge management issues through different phases from planning,design development to operation and service delivery and theprocesses associated with each phase, but practical tools,methodologies and capabilities needed to deliver PFI/PPP projectsin a range of sectors are also explained. It clearly demonstratesthe key imperatives that are the hallmark of successful programmesand projects no matter what there method of funding or delivery. I have no doubt that, in undertaking the programmes and projectsthat I am responsible for delivering and in undertaking OGC GatewayReviews, to support clients delivering their own programmes andprojects, I will draw on the material contained in thisbook." —From the Foreword by Rob Smith, Director of GatewayReviews and Estates & Facilities, Department of Health There is a growing demand worldwide for transport, healthcare,education, energy and water infrastructure. However, governmentresources are often insufficient to meet the needs of new projectsand to upgrade existing infrastructure. Private participation inpublic infrastructure is therefore increasing but the respectiveroles of the public and private sectors are the subject of intensedebate. This has led to renewed interest in public-privatepartnerships in developed and developing countries. Governance and Knowledge Management for Public-PrivatePartnerships shows how effective governance and knowledgemanagement can improve the performance of PFI/PPP projects. Itprovides an in-depth understanding of different dimensions ofgovernance and how they affect project management structure,processes, and decision-making ability of actors and teams involvedin PFI/PPP projects. The role of knowledge management strategy, theneed for benchmarking knowledge management efforts, specific toolsand methodologies for capturing, sharing and applying knowledge toaccelerate learning and capacity building are also examined. The book is essential reading for all those involved in PFI/PPPprojects, including policy makers, industry practitioners,academics and students. The practical tools for governance andknowledge management it offers make this book particularly usefulfor consultants, contractors and client organisations.
Author: Jas Singh Publisher: World Bank Publications ISBN: 0821381024 Category : Business & Economics Languages : en Pages : 260
Book Description
The current universal concerns about global energy security, competitiveness, and environmental protection make energy efficiency more important than ever. However, realizing large-scale savings has proven a significant challenge due to many barriers. 'Public Procurement of Energy Efficiency Services' looks at a largely untapped energy efficiency market the public sector. While the efficiency potential in this sector is substantial, the implementation of energy savings programs has been complicated by a number of factors, such as insufficient incentives to lower energy costs, rigid budgeting and procurement procedures, and limited access to financing. The book looks at energy savings performance contracts (ESPCs) as a means of overcoming some of these barriers. Because public facilities can outsource the full project cycle to a commercial service provider, ESPCs can enable public agencies to solicit technical solutions, mobilize commercial financing, and assign performance risk to third parties, allowing the agency to pay from a project s actual energy savings. The recommendations in this book stem from case studies that identified approaches, models, and specific solutions to ESPC procurement, including budgeting, energy audits, and bid evaluation. Such an approach also offers enormous potential to bundle, finance, and implement energy efficiency projects on a larger scale in the public sector, which can yield further economies of scale. ESPCs can also serve as an attractive element for fiscal stimulus packages and efforts by governments to 'green' their infrastructure, which can create local jobs, reduce future operating costs, and mitigate their carbon footprint. Lower energy bills, in turn, help to create fiscal space in future years to meet other critical investment priorities. Bundled public sector energy efficiency projects can help stimulate local markets for energy efficiency goods and services and 'lead by example', demonstrating good practices and providing models to the private sector.
Author: Yseult Marique Publisher: Edward Elgar Publishing ISBN: 1781004552 Category : Business & Economics Languages : en Pages : 329
Book Description
This timely book examines the legal regulation of Public_Private Partnerships (PPPs) and provides a systematic overview of PPPs and their functions. It covers both the contractual relationships between public and private actors and the relationships be
Author: Roberto Caranta Publisher: Primento ISBN: 2802741675 Category : Law Languages : en Pages : 502
Book Description
This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.
Author: Sue Arrowsmith
Author: Sue Arrowsmith
Author: Albert Sánchez Graells
Author: Gustavo Piga
Author: Christopher Bovis
Author: Martin Trybus
Author: Steen Treumer
Author: Herbert Robinson
Author: Jas Singh
Author: Yseult Marique
Author: Roberto Caranta