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Author: Melko Dragojević

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Estimated Value vs Final Contract Value in Works Public Procurement – What Causes the Discrepancy? journal article

Marko Turudić, Melko Dragojević

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 14 - 21

Estimated value of procurement is an important initial step in a public procurement procedure, a step which ensures that the contracting authority will be able to allocate the funds necessary to conclude the public procurement contract. Recently, it has become more and more difficult to correctly estimate the value of works procurement. The COVID-19 pandemic, Russian aggression in the Ukraine and the subsequent inflation have substantially raised the prices of construction materials and labour. This has cumulatively and significantly increased the prices of construction and the value of construction public procurement procedures. In this paper, we aim to establish how significant this increase has actually been, and what the main causes and contributing factors were. Keywords: estimated value of procurement, works public procurement, inflation

Discretionary Exclusion Grounds in Directive 2014/24/EU: journal article

A Missed Opportunity for Socially Responsible Public Procurement?

Marko Turudić, Melko Dragojević

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 27 - 39

Directive 2014/24/EU represents a significant step in the right direction for socially responsible public procurement (SRPP). It contains many articles referencing SRPP, of which the most important may be Article 18(2). One such article is Article 57(4)a, which contains discretionary exclusion grounds for violations of SRPP, leaving it up to Member States to decide whether they will make such grounds mandatory or leave them discretionary in national legislation. The aim of this paper is to establish how Directive 2014/24/EU’s approach has affected the use of SRPP exclusion grounds in Croatia, a Member State that decided to leave all of the discretionary exclusion grounds discretionary. This research was conducted by acquiring and analysing all available contract notices from 2022 to establish the percentage, value and other factors associated with SRPP use in public procurement procedures in Croatia. Keywords: socially responsible public procurement; discretionary exclusion grounds

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