About the Book
Every public body contract of any magnitude will be subject to EC public procurement rules which apply from the time when the specification is being drawn up until the contract is finally awarded. Failure to comply could mean being sued by an unsuccessful contractor or even being ordered to re-stage the procurement.
EC Public Procurement: Law and Practice provides practical guidance on every aspect of the legislation: * Explains what needs to be done to comply with the EC rules * Includes full coverage of the complex rules affecting local authorities, public bodies, health authorities, NHS Trusts and utility companies * Sets out how the legislation applies, from drawing up specifications to awarding contracts * Separate chapters are devoted to works, supplies, services and Utility Directives * Reproduces source materials from the UK and the EC and includes a comprehensive array of statutory and other relevant sources * Reproduces the Common Procurement Vocabulary which is essential for the drawing up of all contracts * Covers the various forms of redress open to aggrieved contractors and the means by which the Community legislation can be enforced * Includes flow diagrams for ease of understanding and discussion of main problem areas related to public procurement * Identifies problem areas and shows how they can be avoided
Table of Contents:
Part 1 Introduction: the new world of public procurement, the purpose of the book; background and general principles - the economics of public procurement, development of a legal framework, GATT government procurement agreement beyond 1992; organizing for Europe - ten point plan. Part 2 The Community rules: checklist for tendering; works - arrangement of the regulations, coverage, contract documents, procedures, selection, tender evaluation, information and record-keeping, legal background, guidance; supplies - arrangement of the regulations, coverage, contract documents, proceudres, selection, tender evaluation, information and record-keeping, legal background, guidance, problem areas; services - arrangement of the Directive, coverage, contract documents, selections, tender evaluation (art 36), information and record-keeping, legal background guidance, problem areas; utilities - arrangement of the directive, coverage, contract documents, procedures, approved lists, selection, tender evaluation (art 27), information and record-keeping, legal background, guidance, problem areas; common provisions - procedural requirements and definitions, developments in relating fields of community law. Part 3 The constraints: enforcement of the rules - bringing an action before the UK courts, judicial review of administrative action, complaint to the ombudsman, action for the tort of breach of statutory duty, complaint of financial impropriety; compulsory competitive tender for the EC rules - dual coverage, tendering procedures, contract documents, timetabling, advertising, strategic decisions, selection of tenderers, tender evaluation, enforcement provisions; contract compliance and regional preference - regional preference schemes, contract compliance, restrictions imposed by UK law, restrictions imposed community law, the use of contract compliance.
Review :
EC Public Procurement: Law and Practice should have pride of place on the bookshelf of every operator who needs to know all about the procurement law in force. Martin Bangemann, Vice President of the Commission of the European Communities.
