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The Applied Law and Economics of Public Procurement





ISBN 9781138686434
Published August 18, 2016 by Routledge
320 Pages

 
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Book Description

This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly.

As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided:

  • Competitive dialogue and contractual design fostering innovation and need analysis,
  • Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria,
  • Retendering a contract for breach of procurement rules or changes to contract (contract execution),
  • Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

Table of Contents

Introduction  Part I: Competitive dialogue and contractual design fostering innovation and need analysis  1. Dialogue Steen Treumer, Elvira Uyarra  2. Competitive dialogue in Spain and innovation: the case of the health sector Pedro Telles  3. Contract design for procuring complex projects Robert Ågren, Anne Landin  4. Some economics of pre-commercial procurement Nicola Dimitri  Part II: Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria   5. Dialogue Chris Bovis, Giacomo Calzolari  6. Implication of the Lianakis decision Philip Lee  7. OPTIONCARDS: An Interactive Approach to Elicitate Qualification and Award Criteria Weight Pedro Maia Graça, Luis Valadares Tavares  8. Is Public Procurement Going Green? Experiences and Open Issues Andrea Appolloni, Alessio D’Amato, Cheng Wenjuan  9. LIANAKIS – a strict interpretation of the Lianakis ruling could result in the exclusion of the economically most advantageous tender, and, therefore, negatively affect good procurement Torstein Fjeldet Lunde, Dag Thomas Nybø-Sørensen  PART III: Retendering a contract for breach of procurement rules or changes to contract  10. Dialogue Hans-Joachim Priess, Stéphane Saussier  11. When Amending Leads to Ending Jan M. Hebly and Paul Heijnsbroek  12. Strengthening the Level of Integrity of Public Procurement at the Execution Phase: Evidence from the Italian National Frame Contracts Gian Luigi Albano, Roberto Zampino  13. Retendering or sale of contract in case of bankruptcy of the contractor? Different solutions in an EU comparative perspective Mario Comba  Part IV: Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only  14. Dialogue Christopher Yukins, Gustavo Piga  15. Public Procurement and SME’s – an approach to increased participation Paul Davis  16. Socio-economic Programs in Public Procurements: Are Preferences Fair and Effective for All? Fernand A. Lavallée  17. Contested Terrain: Analysis of Minority-Owned Construction Firms Selling Goods and Services to Government Clients in the U.S. Timothy Bates  18. SME’s and public contracts. A EU based perspective.Marta Fana, Gustavo Piga

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Editor(s)

Biography

Gustavo Piga is Professor of Economics, University of Rome Tor Vergata, Italy

Steen Treumer is Professor of Public Procurement Law and Privatization Law, University of Copenhagen, Denmark