Albert Sanchez-Graells

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 80 - 85

The Procurement Act 2023 received Royal Assent on 26 October 2023 and its entry into force is currently suspended. The Government plans to trigger its application in October 2024, with a minimum of 6 months’ notice before ‘go-live’. Quite a few implementation challenges remain. This country report provides an update on the completion of the legislative process leading to the post-Brexit ‘transformation’ of procurement legislation in the UK through the Procurement Act 2023. It stresses the implementation challenges that remain if the new rules are to translate into meaningfully different procurement practices and outcomes.

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

Luca Pardi

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 77 - 79

Uche Nnawulezi, Eti Best Herbert, Salim Bashir Magashi, Safiyyah Ummu Mohammed, Olayiwola Owoade Oladele

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 134 - 144

The emergence of Green Public Procurement created an innovative means of procuring goods and labour in line with global environment standards and regulations. Green Public Procurement has become a major mechanism for addressing global issues confronting the environment. This article employs a doctrinal research method, reviewing relevant existing literatures and legislations to consider the prospects of Green Public Procurement having a positive effect in Nigeria, Zambia, South Africa, China and Brazil. To achieve a holistic implementation process, this article advocates for concerted efforts to conduct a sustainability assessment, the establishment of clear sustainability goals, along with training and retraining of procurement staff engaged in the protection of the environment through Green Public Procurement. Keywords: Environmental Protection; Sustainable Development; Green Public Procurement

Marc Pauka

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 153 - 156

Chiara Falvo, Federica Muscaritoli

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 91 - 103

Deforestation and forest degradation are significant environmental and socio-economic challenges, primarily driven by the global demand for certain agricultural commodities and products. To respond to increasing pressures from EU stakeholders and curb consumption-driven deforestation, the EU recently adopted Regulation 2023/1115, the EU Deforestation Regulation (EUDR). The EUDR applies to a list of goods strongly linked to deforestation and forest degradation and often part of global and complex supply chains. Under the EUDR, relevant commodities and products can be placed on or exported from the EU market only if they are deforestation-free and legally produced. To this end, the Regulation foresees targeted due diligence obligations for market actors to ensure the traceability of their supply chains, collect information, and assess and mitigate risks. The EUDR also includes a procurement-specific provision establishing the temporary exclusion from public procurement processes as a minimum penalty for breaching its provisions. This article provides an overview of this new legal instrument and analyses the interplay between its rules and EU public procurement law. It also aims to characterise the new ‘deforestation exclusion’ in light of the regime on exclusion provided by Directive 2014/24/EU. Keywords: Deforestation Regulation (EUDR); Due Diligence; Sustainable Public Procurement; Exclusion Grounds

Marko Romić

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 110 - 118

The article analyses the normative framework of the legal control, both appellate and administrative, of public procurement procedure in Bosnia and Herzegovina. Using the method of conceptual analysis, legal control of the public procurement procedure is compared to other types of control. All types of legal control are restricted; thus the emphasis is placed on the appeal before the Procurement Review Body in Bosnia and Herzegovina and the lawsuit in the administrative dispute. The dogmatic-normative approach to legal solutions in Bosnia and Herzegovina is complemented by comparative legal experiences and recent administrative (judicial) practice, and also by relevant legislation of the European Union. In conclusion, the author points out the shortcomings of the legal control of public procurement procedure with concrete proposals for improving the normative framework of public procurement in Bosnia and Herzegovina. Key words: Appeal procedure; Bosnia and Herzegovina; Complaints control, Procurement Review Body.

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 104 - 109

The Remedies Directives leave Member States with a wide discretion as to the creation of the appropriate forum to receive complaints and legal actions against decisions of contracting authorities and utilities, as well as action for damages in public procurement cases. Recent developments allow the recovery of loss of opportunities, in addition to costs and losses of profit as grounds of damages claims against contracting authorities. Key words: public procurement damages, opportunities recovery, access to justice

Andrea S Patrucco, Ana-Maria Dimand, Désirée U Klingler

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 65 - 76

Since the outbreak of COVID-19, Small and Medium-sized Enterprises (SMEs) have faced a heavy economic burden and uncertainty due to a contraction in resources and markets. As the world returns to normal conditions, we aim to synthesise key lessons from the pandemic and discuss which emergency actions should become routine to prevent or minimise the negative economic impact of future crises on SMEs and their innovation power. This paper reviews academic and non-academic literature on how governments can stimulate industrial innovation in SMEs based on experiences from public procurement of innovation during the pandemic. Our findings indicate that public procurement of innovation is a crucial tool to stimulate both the economy and new ideas. Against this backdrop, we propose the implementation of three related procurement policies: inter-agency and inter-governmental collaboration in the public procurement of innovation, cooperation partnerships between the government and firms, and the adoption of practices that encourage SME participation in the procurement of public innovation contracts. Keywords: small and medium-sized enterprises; innovation; emergency management; procurement of innovation

Marc Steiner, Désirée Klingler

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 87 - 93