Separate operational units within a contracting authority and the scope of Directive 2014/24 — How to Crack a Nut

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One of the reforms of the EU public procurement rules in 2014, which may affect the treatment of procurement through separate procurement as part of the radar surgical units within a contracting authority. To calculate the estimated value of the procurement in order to determine the applicability of the EU rules separated Operating units, account are taken over by the total value for all individual operating units. Regardless of this, if a separate unit is responsible regardless of your procurement or certain categories, the values can be estimated at the level of the unit in question.

Separate operational units within a contracting authority and the scope of directive 2014/24 - how to crack a nut separate

This seemingly simple rule throws an important role in the number of topics and, above all, a determination of the separate operating unit required for the purposes of art 5 (2) you 2014/24 and the associated anti-circumnal rule. These topics are the focus of the comparative report of separate operating 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, of more practical relevance, also a test for the evaluation of the units within a contracting authority. The requirements for surgically separate and therefore able to trigger a differentiated calculation of the value damage (or most likely not ) trigger the application of EU public procurement rules in 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 of authority should be aggregated: 

  1. The device has
  2. The device carries out the tender procedure independently of one another
  3. Competence to make buying decisions and conclude contracts on behalf of the contracting authority
  4. Is another part of the contracting authority that interferes or influences the contract between the unit and its contractor?
  5. Will acquire other units of the same contracting authority by the contract awarded by the unit?
  6. 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. This would enable a final check to be added to record situations in which only the demand side (i.e. on the units within a contracting authority) problems with regard to the larger image of the procurement/delivery relationship between certain suppliers and the Contract Authority as a whole.

The report is worth reading, especially in countries in which the presence of separate operational units in the past has 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).

Separate operational units within a contracting authority and the scope of directive 2014/24 - how to crack a nut separate

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