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The transposition of the 2014 Directives His first government transposed the 2014 Directives fashionably late in August 2017. As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. But fashionably late it was nonetheless.
These figures aren’t helped by the fact that the proportion of public sector contracts awarded without a competitive tender is rising ( 15 per cent in 2016 to 22 per cent in 2017 and then 23 per cent in 2018 ). This varies from one government body to another, making planning and applying for other tenders unpredictable.
Given that above threshold procurement data is already (in the process of being) captured at EU level, the PPDS is very much about data on procurement not covered by the EU rules—which represents 80% of all public procurement contracts.
For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. the same information is reported in very many different and changing formats).
For example, FAR 16.505(b)(1)(iii)(B)( 2 ) states, regarding an order that exceeds the simplified acquisition threshold, that a Contracting Officer shall “[a]fford all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.” 2017 CPD ¶ 106, at 7 (Mar. B-414220.2 27, 1997). [29]
The government opened a public tender process. Shortly after the public tender was opened, the Council of Ministers decided to invite PEL to start the process of carrying out the project (Award, para 202); the offer was rescinded less than a month later (Award, para 205). CFM was not able to contribute the 20% needed for the project.
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