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The European Single Procurement Document / Pedro Telles

Upphandlingsrättslig Tidskrift, Volume: 4, Issue: 1, Pages: 1 - 22

Swansea University Author: Pedro Telles

Abstract

This paper will show that the European Single Procurement Document (ESPD)introduced by Directive 2014/24/EU and Commission Implementing Regulation2016/07 constitutes a paradigm shift on how public procurement procedures arerun in the EU and one with unintended consequences. Before its introduction,e...

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Published in: Upphandlingsrättslig Tidskrift
Published: 2017
Online Access: https://www.urt.cc/?q=oa_papers
URI: https://cronfa.swan.ac.uk/Record/cronfa33684
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Abstract: This paper will show that the European Single Procurement Document (ESPD)introduced by Directive 2014/24/EU and Commission Implementing Regulation2016/07 constitutes a paradigm shift on how public procurement procedures arerun in the EU and one with unintended consequences. Before its introduction,each economic operator wishing to take part in a public procurement procedurehad to submit all qualifying information at the start of the procedure. Thismean incurring in transaction costs that are certain to have the opportunityof an uncertain benefit: winning the contract. The ESPD alters the balance ofpower (and costs) by replacing the full documentation requirement with a simpleself-declaration form, aiming for a reduction in transaction costs and the removalof a barrier to the participation of economic operators in public procurementprocedures. It is unclear if in reality its use will amount to savings in transactioncosts or if those will actually increase and if the change in incentives may lead tomore strategic non-compliance by economic operators and reduced legal compli-ance by contracting authorities, which may be tempted to overlook at least minorshortcomings by winning bidders.
Keywords: public procurement; government procurement; EU; single market; European Single Procurement Document
College: Hillary Rodham Clinton School of Law
Issue: 1
Start Page: 1
End Page: 22