Absolutely Relative Evaluations of Award Criteria

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A recently published decision of the Danish Complaints Board[1] for Public Procurement dealt with details of evaluating award criteria. The procurement in question concerned a contract for supply and servicing of medical equipment. The procuring authority was a Danish authority at regional level (Region Zealand) and the award criteria included in addition to “economy” various quality-related… Continue reading Absolutely Relative Evaluations of Award Criteria

Shades of Green

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A recent decision from the Danish Public Procurement Complaints Board[1] deals with a tender procedure involving negotiation with bidders. Negotiation is normally not allowed in EU tender procedures because of the risk of unequal treatment of bidders. It is on the other hand recognized that complex procurement may require dialogue with bidders, for example for the… Continue reading Shades of Green

Automatics in Public Procurement

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In a recent case on public procurement the Court of Justice of the EU (CJEU) once again dealt with national legislation allowing automatic  reactions in relation to bidders, notably in cases where collusion is suspected. The case (C-769/21) was about a Latvian contract concerning health insurance for employees in a Government department. Amongst the bidders… Continue reading Automatics in Public Procurement

Smiling Smileys

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The Smiley labelling scheme of the Danish Working Environment Supervisory Authority is aimed at informing the public in a straightforward manner about results of recent inspections of working premises in all types of enterprises. Labelling such premises with green smiling smileys indicate a high level of working environment protection with the “crown-smiley” signalling that the… Continue reading Smiling Smileys

Succession and effectiveness in public procurement

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A European Court of Justice (ECJ) ruling from February this year (C‑461/20)   deals with the question whether contracts already awarded in a public procurement procedure can be changed “down the road” without the need for a new tender. Surprisingly, it is a relatively uncharted area of EU law which during the 2014 reform of the public procurement… Continue reading Succession and effectiveness in public procurement

A Tale of Hazardous Waste

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 The Beentjes- ruling C-31/87 from the European Court of Justice (ECJ)  is well-known for introducing at a relatively early stage in public procurement case-law the notion of contract performance conditions as an additional category of criteria alongside requirements to what is to be delivered and by whom.  This and subsequent rulings provided an important basis for laying down contract… Continue reading A Tale of Hazardous Waste

PPP for the People

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A small Irish coastal town has during recent years witnessed a bitter dispute  about fishermen’s right to keep fishing vessels in a newly developed marina intended mainly for pleasure boats. The marina development is a public private partnership (PPP) project and the  dispute escalated this summer  when the private operator attempted to seize and remove a fishing vessel… Continue reading PPP for the People

The computer says “no” – IT and administrative law

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Digital-ready legislation is high on the international agenda, at EU-level and elsewhere. The aim is essentially to ensure that digital solutions are worked in at the earliest stages of the legislative process. This includes first and foremost a conversion of any traditional requirements concerning physical documents and signatures into digital equivalents. It will also naturally… Continue reading The computer says “no” – IT and administrative law

New ECJ case concerning the entities covered by the Public Procurement Directives

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A recent decision from the European Court of Justice (ECJ) in joined cases C-155/19 and 156/19 concerns the definition of public law bodies, which alongside state and regional authorities is the second category of entities covered by the so-called classical sector public procurement directive (2014/24/EU). The definition includes cumulative requirements as regards general interest activities,… Continue reading New ECJ case concerning the entities covered by the Public Procurement Directives