Classification, Conflicts of Interest and Change of Contractor: A Critical Look at the Public Sector Procurement Directive
EPPPL Vol. 10, No. 3. pp 171-186.
19 Pages Posted: 3 Mar 2017
Date Written: February 27, 2015
The deadline for implementation of the 2014 procurement directives falls in April 2016. In transposing the Public Sector Directive (2014/24/EU) a close look at the text reveals a number of ambiguities – in particular regarding the classification of mixed contracts; application of remedies to contracts for social and other specific services (‘light touch regime’ contracts); the provisions on conflicts of interest; and the rules on modifications to contracts as these affect change of contractor. This article analyses these provisions in light of prior CJEU case law and relevant soft law, proposing interpretations which best reflect these sources. It identifies areas where national law or guidance may be able to provide a greater degree of clarity than the Public Sector Directive.
Keywords: mixed contracts; light touch regime contracts; conflict of interest; rules on modifications to contracts; public procurement
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