Edited by Grith S. Ølykke and Albert Sanchez-Graells
Chapter 9: Clarification or missed opportunity? The provision on framework agreements in the 2014 Directive
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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.