The law of EU public procurement / Christopher Bovis, Professor of Business Law, University of Hull.
2015
KJE5632 .B687 2015 (Map It)
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Details
Author
Title
The law of EU public procurement / Christopher Bovis, Professor of Business Law, University of Hull.
Published
Oxford, United Kingdom : Oxford University Press, 2015.
Call Number
KJE5632 .B687 2015
Edition
Second edition.
ISBN
9780199684687
0199684685
0199684685
Description
lxi, 864 pages ; 26 cm
System Control No.
(OCoLC)930772222
Bibliography, etc. Note
Includes bibliographical references and index.
Other Editions
Revision of: EC public procurement. Oxford ; New York : Oxford University Press, 2006
Record Appears in
Variant Title
Law of European Union public procurement
Table of Contents
Table of Cases
xxv
Table of European Legislation
xlvii
Table of National Legislation
lxi
1.
Introduction
Introduction 1.01
ordo-liberal approach to public procurement regulation 1.20
2.
Development of the EU Public Procurement Regime
evolution of public procurement Directives in the EU 2.04
current public procurement Directives 2.98
reform of the public procurement Directives 2.161
3.
Public Sector Procurement Regulation
Coverage and scope of the Public Sector Directive 3.01
Advertisement and publicity of public contracts 3.40
Qualitative selection 3.73
Award procedures 3.109
Award criteria 3.226
Monitoring requirements 3.237
Public Sector Directive 3.241
4.
Utilities Procurement Regulation
Coverage and scope of the Utilities Directive 4.01
substantive applicability of the Utilities Directive 4.37
Publicity and advertisement 4.88
Qualification and qualitative selection 4.139
Award procedures 4.178
Award criteria 4.182
Monitoring requirements 4.222
Utilities Procurement Directive 4.229
5.
Principles of Public Procurement
principle of transparency 5.01
principle of accountability 5.13
Public procurement and state aid 5.46
6.
Judicial Doctrines in Public Procurement Regulation
doctrines for the interpretation of public procurement law 6.06
doctrinal approach to public procurement concepts 6.15
doctrinal approach to access to justice and redress in public procurement 6.56
7.
Contracting Authorities in Public Procurement Regulation
public nature of public procurement 7.01
Bodies governed by public law 7.13
in-house procurement 7.109
8.
Public Contracts in Public Procurement Regulation
pecuniary consideration in public contracts 8.02
notion of public service concessions 8.05
Vertical procurement 8.33
Delineation of public service contracts 8.39
Contracts below the thresholds of the Directives 8.80
Changes of circumstances in public contracts 8.86
9.
Selection and Qualification in Public Procurement Regulation
Technical standards 9.01
Exclusion grounds 9.06
Exclusion of a tenderer who participates in the preparatory stages of a public contract 9.07
Proportionality and exclusion grounds for tenderers 9.11
Selection and qualification 9.12
References as a selection criterion 9.16
Location of contractors as selection criterion 9.19
Market testing and selection of undertakings that assist in the preparation of public contracts 9.20
Connection of tenderers with undertakings that assisted in the preparation of tenders 9.27
Reliance of tenderers on third parties for technical capacity 9.30
Substitution of consortia members 9.32
Market dynamics and the selection process in public procurement 9.54
Additional information for determining financial and economic standing 9.75
10.
Award Procedures in Public Procurement Regulation
Negotiated procedures without prior publicity 10.05
Use of negotiated procedure for technical reasons 10.08
Extreme urgency as a reason for negotiated procedures 10.09
Repetition of similar works within three years 10.10
Grounds for use of negotiated procedures 10.11
Justifications for use of negotiated procedures 10.17
Causality of condition justifying the use of negotiated procedures 10.24
Restricted procedures and weighting of criteria 10.25
competitive dialogue as a public procurement process 10.34
Framework procurement 10.62
11.
Award Criteria in Public Procurement Regulation
Social considerations as award criteria 11.05
Environmental considerations as award criteria 11.08
Ecological criteria 11.09
Variants 11.17
Criteria related to the subject-matter of the contract 11.21
lowest offer 11.30
12.
Redress and Remedies in Public Procurement Regulation
Enforcement levels in public procurement regulation 12.03
Enforcement of public procurement rules at national level 12.14
Independent review bodies 12.22
Remedies in national legal orders 12.33
amending Remedies Directives 12.127
Legal redress in public procurement contracts 12.141
principles of the Remedies Directives 12.150
new Remedies Directive of 2007 12.152
Concepts in legal redress in public procurement contracts 12.160
Pre-judicial stages in review procedures 12.165
set aside and annulment of decisions 12.167
Locus standi and interest to review acts 12.173
failure to participate in the contract award procedure 12.187
Absence of proceedings against the invitation to tender 12.191
meaning and content of decisions for judicial review 12.199
Time limits to enact review proceedings 12.206
Obligation to allow sufficient time between contract award and contract conclusion 12.225
standstill period 12.226
notion of ineffectiveness 12.232
Ineffectiveness and ex-ante transparency 12.245
Damages 12.246
Access to tender documents and confidentiality 12.261
Disclosure of evidence and burden of proof 12.267
13.
Public Partnerships and Public Procurement Regulation
Externalization and public procurement 13.04
Public procurement rules and exclusive rights in the delivery of public services 13.09
evolution of public private partnerships 13.14
legal formats of public-private partnerships 13.32
operational types of public-private partnerships 13.64
financing of public-private partnerships 13.68
Risk and public-private partnerships 13.72
procurement of public-private partnerships 13.76
procurement of concessions 13.125
14.
Conclusions
Appendix 1: The Public Sector Directive
681
Appendix 2: The Utilities Directive
747
Appendix 3: The Concessions Directive
815
Index
851