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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.
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