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Public-Private Partnerships with No Contractual Base Case: journal article

Adjusting for the Impacts of Covid-19

António Martins

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 40 - 49

The purpose of this article is to discuss a method for compensating a private concessionaire for cash flow losses related to Covid-19 suffered in 2020 and 2021. The analysis is based on a public-private partnership (PPP) set up to exploit surface parking lots, signed between a Portuguese municipality and a private corporation. The contract has no financial base case. The article concludes that a base case is not an obstacle to calculate this type of compensation, that the previous performance of the contractor is a reasonable basis to estimate losses and the forecasts extending to 2026 are a good schema with which to estimate the extension of the concession period claimed by the Petitioner. The arbitration court deciding the corporation’s claim has valid reasons for an equitable decision. Keywords: public-private partnerships; Covid-19 losses; financial base case; Portugal

The Portuguese Covid-19 Public Procurement Rules journal article

Raquel Carvalho

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 30 - 38

The Covid-19 pandemic has been a driver of new State legislation in several fields. This article addresses the special public procurement rules enacted in this context, including some challenges such not-so-reflected legislation raised. The ‘successive’ exceptional public procurement regime implies very complex hermeneutics regarding both the subjective and objective scope of application and the discretionary legal requirements established therein. The key measure is a particular direct award regime that has raised some doubts regarding the need for such solutions when compared to those in the Directive. There has already been some monitoring of the regime’s implementation that has underlined the need to continue monitoring ‘the planning, the implementation and management of the public emergency answer’. Keywords: Covid-19; state of emergency; special public procurement rules

Public Procurement and Natural Disasters: journal article

Lessons from Croatia

Marko Turudić

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 162 - 167

The COVID-19 pandemic has taken lives and endangered health all across the EU, and has had an profound effect on all aspects of economic activity across the Member States. Unfortunately, the pandemic isn't the only natural disaster affecting Croatia today; on 22 March 2020, Zagreb and its surrounding counties were struck by the strongest recorded earthquake since 1880. Croatian Government has implemented economic measures to mitigate the consequences of these two natural disasters. Two of those measures directly affect public procurement; the suspension of the majority of public procurement procedures and the Draft ‘Zagreb Rebuild Act’, which aims to suspend the Public Procurement Act in the procurement of materials, services and works for the Zagreb earthquake rebuild effort. This article aims to analyse the validity and consequences of those measures. Keywords: COVID-19, Croatia, Zagreb earthquake, suspension of public procurement

The Need for Emergency Public Procurement Legislation in China: journal article

Lessons from COVID-19

Jun Chong

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 168 - 173

Under the epidemic situation, materials are in short supply, but traditional procurement cannot meet the needs of emergency speed. This article compares and analyses the regular Chinese procurement methods with the US and EU emergency procurement methods, so as to obtain the methods suitable for China's emergency situation, and calls for emergency procurement legislation. At the same time, this article discusses the scope and principles of emergency procurement, emphasising that emergency procurement should not be abused and still follow the principle of value for money. Keywords: COVID-19, emergency public procurement, procurement methods, value for money, US public procurement, EU public procurement, China public procurement