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 10: Requesting additional information – increase of flexibility and competition?

Carina Risvig Hamer

Abstract

Once a tender has been submitted, the possibility for tenderers to add additional information or even correct mistakes in the tender is limited because of the principle of equal treatment. A new provision in the 2014 Directive concerns the possibility for contracting authorities to ask tenderers to supplement a tender, i.e. to submit additional information. The provision must be seen in light of recent case law from the CJEU (e.g. Manova and Cartiera dell’Adda). The provision was inserted by the Council during the Danish Presidency in the spring of 2012. This chapter explores the background for inserting the provision in the 2014 Directive, and shows that it is not surprising that the proposal for such a provision came during the Danish Presidency, as the question of asking for additional information in Denmark had developed in a strict way at the Danish Complaints Board for Public Procurement making additional information almost impossible for tenderers. The chapter furthermore analyses to what extent a contracting authority can ask a tenderer to supplement a tender based on the new provision and the general principles of equal treatment and transparency, as interpreted by the CJEU, and explores whether the provision increases both flexibility and competition for the contract.

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