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EU Public Procurement Law: journal article

Amendments of Public Works Contracts After the Award due to Additional Works and Unforeseeable Circumstances

Vincent P. Wangelow

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 107 - 123

In 2014, a newly enacted set of directives sought to reform the EU Public Procurement Regime, promoting stronger harmonisation but also more flexibility in procurement activities throughout the European Union. Amendments to public contracts after the award have long been a grey area, both for contracting authorities and tenderers alike. However, given the economic importance of public procurement for the European economy, the sound functioning of procurement rules is key. Hence, the article aims to provide a comprehensive evaluation of the new provisions, especially as far as amendments to public works contracts due to the necessity of additional works (following, inter alia, inadequate planning) and unforeseeable circumstances (typically entailing delays, cost overruns etc.) are concerned. In this respect, drawing on sources from legal scholarship of different EU Member States (eg, Germany, France, Spain) and the UK, this article provides an analysis of the rules on post-award amendments to public contracts with an emphasis on Article 72 of Directive 2014/24/EU. To identify the underpinning ideas of these rules, the article considers policy goals and constraints as well as the relevant case law of the Court of Justice of the European Union. Keywords: public works contracts, EU public procurement, amendments, modifications, additional works and unforeseeable circumstances, Directive 2014/24/EU


Techniques and Instruments for Aggregated Procurement in the New EU Directives journal article

Framework Agreements and Dynamic Purchasing Systems

Miguel Neiva de Oliveira

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 177 - 182

Among the several themes introduced by the new European directives, the present article focuses on highlighting the procedure of public procurement through Framework Agreements and Dynamic Purchasing Systems. We propose to briefly identify and discuss some important issues regarding these two instruments." Keywords: Aggregated Procurement; Special Proceeding Instruments; Substantial Modification of a Contract; Framework Agreement; Central Purchasing Bodies.

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