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E-Procurement for PPPs and Concessions: journal article

Current Trends and Opportunities

Bruno de Cazalet, Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 131 - 150

Recently, also due to the COVID-19 pandemic, the issue of using e-procurement is becoming more and more relevant for all countries around the world, and especially for EU Member States implementing the requirements of the Directives on public procurement. The substantial advantages of the use of electronic procedures for public procurement for reduction of tender costs and better prices, the possibility to avoid misuse, collusion and corruption, led some countries to explore opportunities to adapt the traditional e-procurement experience for public-private partnership (PPP) and concession tenders. Today, the regulation in this field is practically absent and the experience is very limited. This article presents: an analysis of the situation regarding current regulation, experience in electronic PPP procurement implementation, and trends; the peculiarities of PPP procurement compared to traditional public procurement; the difficulties related to PPP procurement as e-procurement; and the recommendations of authors on the use of electronic procurements for PPPs and concessions based on the peculiarities of a project implemented using relevant mechanisms. Keywords: public-private partnership; PPP; public procurement; electronic procurement; e-procurement; digitalisation


Accession to the WTO’s Government Procurement Agreement: journal article

Opportunities and Challenges for India

Mukesh Rawat, KD Raju

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 158 - 171

In the contemporary era, public procurement has become a central pillar of the international economy. The WTO’s Agreement on Public Procurement (GPA) has emerged as a vital tool for harmonising and integrating the global public procurement market. Presently, India is an observer to the GPA, which is a preliminary first step in acceding to the agreement. This article provides an analysis of the regulatory mechanism of public procurement in India. It aims to underline the potential opportunities and legal challenges in the accession to the public procurement agreement. It argues that India should align its procurement policy on the principles of GPA, and accession to it should be a part of its trade policy. Keywords: public procurement; trade law; WTO; Agreement on Government Procurement and Public Policy; India




Single Bidder Procurements journal article

Csaba Balázs Rigó, Tibor Kugler

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 99 - 109

The issue of single bidder procurement has become increasingly popular in recent years. When it comes to the expenditure of public money via public procurement, the existence and the extent of competition in a given public procurement procedure is naturally under the spotlight. The article provides concrete examples of the dangers of applying simplified statistical measures to single bidder procurements and of automatically allowing for submitting tenders for separate lots. Keywords: Single Market Scoreboard; single bidder procurement; tenders for lots; SMEs; TED


The UK’s Green Paper on Post-Brexit Public Procurement Reform: journal article

Transformation or Overcomplication?

Albert Sanchez-Graells

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 4 - 18

In December 2020, seeking to start cashing in on its desired ‘Brexit dividends’, the UK Government published the Green Paper ‘Transforming Public Procurement’. The Green Paper sets out a blueprint for the reform of UK public procurement law that aims to depart from the regulatory baseline of EU law and deliver a much-touted ‘bonfire of procurement red tape’. The Green Paper seeks ‘to speed up and simplify [UK] procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery’. The Green Paper aims to do so by creating ‘a progressive, modern regime which can adapt to the fastmoving environment in which business operates’ underpinned by ‘a culture of continuous improvement to support more resilient, diverse and innovative supply chains.’ I argue that the Green Paper has very limited transformative potential and that its proposals merely represent an ‘EU law +’ approach to the regulation of public procurement that would only result in an overcomplicated regulatory infrastructure, additional administrative burdens for both public buyers and economic operators, and tensions and contradictions in the oversight model. I conclude that a substantial rethink is needed if the Green Paper’s goals are to be achieved. Keywords: public procurement; reform; deregulation; green paper; transforming public procurement; Brexit


The Development and Critical Junctures of EU Public Procurement Rules Vis-à-Vis the Prevention of Bid Rigging journal article

Penelope Giosa

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 39 - 51

This article argues that the prevention of bid rigging has not been factored into the policy design of the EU Public Procurement Rules in a systematic and consistent way. As it will be shown, the critical junctures of EU Public Procurement Rules did not emerge alongside the anti-cartel legislation in Europe, but entirely independently of the latter. As a result, the current European Public Sector Directive 2014/24/EU is not adequately collusion proof and there is still a long way to go. Keywords: bid rigging; collusion; EU Procurement Directives; competition; transparency


Joining Up the Strands: journal article

Making the Purposes of Public Procurement Regulations Deliverable

Stuart Addy

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 19 - 29

There have been many major studies and reports into Public Sector Procurement (PSP) in the United Kingdom (UK). Most are commissioned by and led by appointees from central government and often follow media criticism, making recommendations that are used to amend strategy which is then mandated in legislation. There appears to be a belief that PSP must be managed from the ‘top’ and that it can only be improved or affected by mandate and legislation. The legislation is written to favour the buyer or to respond to specific criticisms from suppliers, rather than being written from the outset with both in mind. There has been little effort reported seeking to create a framework that embraces both, just as there is little evidence that the experiences of the procurement officers are taken into account when amendments to legislation, regulation and procedure are made. This article suggests some implications and possible remedies. Keywords: procurement; commissioning; risk-aversion; innovation