Posted by One of the reforms of the EU public procurement rules in 2014, which may affect the treatment of procurement from the procurement carried out by the radar separated Operating units within a contracting authority. To calculate the estimated value of the procurement in order to determine the applicability of the EU rules surgical Units, account are taken over by the total value for all individual operating units. Regard of this, if a separate unit is responsible regard of your procurement or certain categories, the values can be estimated at the level of the unit in question.
This seemingly simple rule throws an important number of problems and, above all, requires a determination of the separate operating unit For the purposes of art 5 (2) you 2014/24 and the associated anti-circumnural rule. These problems are the focus of the comparative report characteristics of Separated Operational units – a study on aggregation rules according to the law on the public procurement law , Commissioned to dr. Kirsi-Maria Halons by the Swedish competition authority.
The study contains a comparative overview, which is interesting in itself, and also formulates a test for the evaluation as to whether units within a contracting authority are the requirements for the operational separate and able to trigger the value. Trigger the application of EU (or most likely not) public Procurement rules in you 2014/24. The test is shown as follows:
In order to facilitate the assessment of the status of a unit, this study identifies six key elements that can be important when determining whether the contract value can be estimated at the level of A separated Unit or whether all purchases of units within the same contracting authority are aggregated:
- The device has
- The device carries out the tender procedure independently of one another
- Competence to make buying decisions and conclude contracts on behalf of the contracting authority
- Is another part of the contracting authority that interferes or influences the contract between the unit and its contractor?
- Will acquire other units of the same contracting authority by the contract awarded by the unit?
- Obligation to purchase through central framework agreements or contracts
I think the test (which is further described in the study) is well thought out and the only addition that I would suggest would suggest different terms. That would allow A final Check whether you can capture situations in which only the demand side (i.e. in the units within a contracting authority) can problems with regard to the larger image of the procurement/offer relationship between certain suppliers and the contracting authority as a whole masking.
The report is worth reading, especially in countries in which the existence of separate surgical In the past, units have been taken for granted (as in Spain). This is an area in which future empirical research could provide usefully good insights into the way in which the creation of the new rule in Art 5 (2) in 2014/24 at different strings in the application of EU rules for public Procurement of leadership can be domestic level dependent on the extent to which the member states adapt the internal organization of their contracting authorities to maximize the new possibilities, minimize (or ignore).