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After parts I , II and III we finally reach part IV on the purchase or leasing of vehicles (contract type - 5) For these, the Annex establishes four different awardcriteria and two contract performance clauses/technical specifications, with issues to be found on both, mostly due to the non-technology neutral approach to the drafting.
Pre- or post-reading: Claire Methven O’Brien and Roberto Caranta, ‘ Due Diligence in EU Institutions' Own-Account Procurement: Rules and Practices ’ (2024) European Parliament CONT Committee Study PE 738.335, Annex II. Trygve Harlem Losnedahl, ‘The General Principle of Competition is Dead’ (2023) 2 PPLR 85-98 (£/€).
This keeps the process fair and accountable. Contract AwardCriteria The contract awardcriteria are the factors that decide which bid wins. Key Principles Of Public Procurement Transparency: Clear and Open Processes Public contracts aren’t handed out in secret.
Awardcriteria could generate (further) incentives for regulatory performance, perhaps beyond the minimum mandatory baseline. Relatedly, the difficulties in using awardcriteria to pursue regulatory goals stem from difficulties in the operationalisation of qualitative criteria in practice.
Affecting around 4000 public buyers, the decree defines procurement as ‘green’ if it uses green criteria, recognized certificates, ecolabels or environmental management systems for no less than 50% of total procurement value. Or how could buyers minimize the very real risk of greenwashing?
On the other hand, for all other criteria, Evropaïki Dynamiki’s tender was less well ranked than that of the successful tenderer. Therefore, rules on disclosure of information should take into account their potentially restrictive or distortive effects on competition.
Opportunity #4: Green Procurement Public procurement accounts for about 20 percent of total government spending in the region, so the contribution of green procurement policies and management to commitments under the Paris Agreement is potentially high.
The potential breach of the duty of good administration could be on grounds that the contracting authority is taking irrelevant information into account in the assessment of the relevant tender.
While the e-procurement system doesn’t include the quasi-governmental sector and sovereign wealth fund (which aren’t governed by the public procurement law) it provides full transparency on the general procurement market which accounts for at least a third of Kazakhstan’s public spending. Professionalizing procurement.
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