EU Public Procurement Law
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EU Public Procurement Law

Second Edition

Christopher H. Bovis

In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the Member States.
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Chapter 3: The legal framework of utilities procurement

Christopher H. Bovis


THE REMIT AND SCOPE OF THE UTILITIES DIRECTIVE The Utilities Directive1 applies to the award for contracts between contractors, suppliers or service providers and contracting entities. The terms contractor, supplier or service provider mean either a natural or a legal person, or a contracting entity, or a group of such persons or entities which offers on the market, respectively, the execution of works, products or services. The term economic operator covers equally the concepts of contractor, supplier and service provider and is used for simplification purposes.2 Utilities Contracts: Types and Categories Supply, works and service contracts in the utilities sectors are contracts for pecuniary interest concluded in writing between, on the one hand, one or more of the contracting entities referred to in the Utilities Directive, and on the other hand, one or more contractors, suppliers, or service providers.3 Works contracts are contracts having as their object either the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex XII of the Directive or a work, or the realization by whatever means of a work corresponding to the requirements specified by the contracting entity.4 A work means the outcome of building or civil engineering works taken as a whole which is sufficient of itself to fulfil an economic or technical function. Supply contracts are contracts having as their object the purchase, lease, rental or hire-purchase, with or without the option to buy, of products. A contract having as its object...

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