The Applied Law and Economics of Public Procurement

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. Cover Title Copyright Contents Notes on Contributors An introduction to four fundamental aspects of EU public procurement law from the point of view of an economist and a lawyer PART I Competitive dialogue and contractual design fostering innovation and needs analysis 1 Dialogue 2 Competitive dialogue and innovation: the case of the Spanish health sector 3 Contract design for procuring complex projects 4 Some law and economics considerations on the EU pre-commercial procurement of innovation PART II Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CVs from award criteria 5 Dialogue 6 Implications of the Lianakis decision 7 OPTIONCARDS: an interactive approach to elicit qualification and award criteria weights 8 Is public procurement going green? Experiences and open issues 9 The Lianakis ruling and good procurement PART III Re-tendering a contract for breach of procurement rules or changes to contract 10 Dialogue 11 When amending leads to ending: a theoretical and practical insight into the retendering of contracts after a material change 12 Strengthening the level of integrity of public procurement at the execution phase: evidence from the Italian National Frame Contracts 13 Retendering or sale of contract in case of bankruptcy of the contractor? Different solutions in an EU and comparative perspective PART IV Set-asides for small and medium firms, as in the US system with the Small Business Act that reserves shares of tenders to SMEs only 14 Dialogue 15 Public procurement and SMEs — an approach to increased participation 16 Socio-economic programmes in public procurements: are preferences fair and effective for all? 17 Contested terrain: analysis of minority-owned construction firms selling goods and services to government clients in the United States 18 SMEs and public contracts: an EU based perspective Index