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Keyword: procurements

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Existing and Potential Use Cases for Blockchain in Public Procurement journal article

Pedro Telles

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 3, Page 179 - 189

The purpose of this article is to assess the possibility of using blockchain technology in the realm of public procurement within the EU, particularly in connection with the award of public contracts. In this context, blockchain is used as an umbrella term covering IT technologies and cryptographic solutions used to generate consensus on a distributed ledger. The article will present three real use cases for public procurement in Spain, Colombia and Peru. It will also posit two specific areas of EU public procurement practice that might benefit from the use of blockchain technology – the area of data management and accessibility and in situations of clear lack of confidence in public powers. Keywords: blockchain; use case; public procurement

Proving Compliance with the Condition of Economic Dependence in In-House Contracts journal article

Aleksandra Sołtysińska

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 3, Page 158 - 167

The concept of in-house procurement respects the discretion of the Member States regarding the provision of public services and allows for purchasing and contracting services outside the competitive market. Contracting authorities may award an in-house contract to a controlled legal person if they demonstrate that the conditions of organisational and economic dependence have been met. This article analyses the condition of economic dependence and ways to prove that it has been satisfied. Numerous questions regarding the legal forms of entrusting tasks to a controlled legal person, the means of performance of such tasks in the context of admissibility of subcontracting, the methods of calculating revenue derived from the performance of tasks entrusted by the contracting authority and permissible forms of financing a controlled legal person arise in practice and jurisprudence. In view of the above, this publication is an attempt to clarify doubts. Keywords: in-house contract; in-house procurement; subcontracting

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

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