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The New Rules for Competitive Dialogue and the Competitive Procedure with Negotiation in Directive 2014/24 – What Might They Mean for PPP? journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 2, Page 62 - 71

PPP contracts have often been awarded using the flexibility provided by Competitive Dialogue and Negotiated Procedures under the current EU Public Procurement Directives. But the rules for these procedures are set to change with the new EU Public Procurement Directives and awarding bodies may in some cases be able to use the new Directive on the award of Concession Contracts. This article analyses aspects of these reforms relevant to the use of Competitive Dialogue and Negotiated Procedures and considers their possible implications for the award of PPP contracts and the choices which will be available to awarding bodies.


The New European Directive on the Award of Concession Contracts – Promoting Value for Money in PPP Contracts? journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 9 (2014), Issue 2, Page 86 - 103

I. Introduction In early 2014 the new European Directive on the award of Concession Contracts1 completed its passage through the EU legislative process after a long process that originated in the European Commission’s consultative Green Paper on PPP and concessions in April 20042 that led to lengthy period of consultation and impact assessment resulting in a proposal for a directive in December 2011.3 Not surprisingly, the political agreement leading


Public Private Partnership Contract Management – Still in Need of More Attention? journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 8 (2013), Issue 3, Page 217 - 230

The management of PPP contracts is often deficient and thus fails to ensure value for money. This article examines the changes brought by the currently discussed reforms of the EU Public Procurement Directives, assessing where legal issues are likely to arise. The author also presents the state of the art regarding good practice in contract management, using the UK experience in particular, and introducing the often neglected perspective of collective action at the te


Editorial journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 8 (2013), Issue 4, Page 277 - 278

The final issue of EPPPL for 2013 concludes a year in which political agreement has been reached on new directives on public procurement and utilities procurement, and, with particular significance for PPP, also on the new Directive on the award of Concession Contracts. Evidence arising from a study carried out for the European Commission showed that 60% of PPP can be classified as concession contracts. This political agreement resulted from a lengthy period of consultat



Developing a Complexity Test for the Use of Competitive Dialogue for PPP Contracts journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 5 (2010), Issue 4, Page 215 - 223

I. Introduction – The origins of the need for a complexity test Prior to the introduction of Competitive Dialogue, Contracting Authorities faced practical difficulties in awarding complex contracts such as PPP. They faced the choice between the Restricted Procedure and the Negotiated Procedure but: – The Restricted Procedure constrained competitive innovation between suppliers and prohibited negotiations once the award process had started, in


PPP and EU Public Procurement Reform – Time to Change the Rules for Competitive Dialogue? journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 6 (2011), Issue 2, Page 61 - 70

I. Introduction At the end of January 2011 the European Commission launched a consultation on possible future changes to the European public procurement rules in the form of a Green Paper.1 It was a wide-ranging document with 114 questions for consultation, reflecting the growing interest in using public procurement as a tool for implementing other policies such as promotion of innovation, support for SMEs and underpinning European social and env


Conducting Competitive Dialogue for PPP Projects – Towards an Optimal Approach? journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 4 (2009), Issue 4, Page 9

I. Introduction – What is Competitive Dialogue and why was it needed for PPP projects? Prior to the introduction of Competitive Dialogue, Contracting Authorities faced practical difficulties in awarding complex contracts. They faced the choice between the Restricted Procedure and the Negotiated Procedure but: – The Restricted Procedure constrained competitive innovation between suppliers and prohibited negotiations once the award process had star


A new EU Directive on Concessions – the right Approach for PPP? journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 3 (2008), Issue 4, Page 9

A new EU Directive on Concessions – the right Approach for PPP? I. Introduction The European Commission published an Interpretative Communication on concessions in European law in April 2000,1 in which it defined, on the basis of the rules and principles derived from the Treaty and applicable secondary legislation, the outlines of the concept of concessions in Community law and the obligations incumbent on the public authorities when selecting the eco


PPP During the Contract Execution Phase – A Need for Greater Certainty in Community Law? journal article

Michael Burnett

European Procurement & Public Private Partnership Law Review, Volume 3 (2008), Issue 2, Page 7

PPP During the Contract Execution Phase I. Introduction Because PPP are long term and usually high value contracts they generally call for significant levels of investment by private partners and long term financial commitments by Contracting Authorities. The willingness to make such commitments, and attracting the interest of those willing to make them, will be enhanced by legal certainty i.e. the assurance that: – If the award process is conduc