Reformation or Deformation of the EU Public Procurement Rules
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Reformation or Deformation of the EU Public Procurement Rules

Edited by Grith S. Ølykke and Albert Sanchez-Graells

Using an innovative ‘law and political science’ methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice.
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Chapter 9: Clarification or missed opportunity? The provision on framework agreements in the 2014 Directive

Marta Andrecka

Abstract

The provision on framework agreements underwent fairly ‘cosmetic’ changes in the legislative process leading to the establishment of the 2014 Directive. Even though the changes were not ground breaking, the Commission managed to see its intended clarifications implemented in the final version of the 2014 Directive. That is in contrast to the Parliament, which lost this round, having only two suggested amendments that were both eventually rejected in a further round of negotiations. However, the most substantial clarification came from the stakeholders represented by the Council. It now is the right of a contracting authority to include two types of procedures to award a call-off contract (mini-competition and direct award) under a framework agreement. Such a possibility is allowed as long as it has been stipulated by the contracting authority in the procurement documents for the framework agreement, and the specific choice between the procedures must be made pursuant to objective criteria. This chapter deals with the question whether the legislator sufficiently clarified the framework agreements’ procurement process, or whether it missed the opportunity to do so.

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