Public Procurement Review and Remedies Systems

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Public Procurement Review and Remedies Systems

• PPPs The Issues that Cause Disputes

Mary Dunne Partner Head of Projects/Procurement
BCM Hanby Wallace
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Competitive Dialogue

• When can use of the Negotiated Procedure now be
  justified for PPP Projects?
• Is the project particularly complex
• Technically
• Legally
• financially

3
Competitive Dialogue

• Tenders may be clarified, specified and fine
  tuned.
• New context Article 29 of Directive 2004/18/EC
• Old context the Commissions language in
  relation to the Restricted Procedure.

4
Competitive Dialogue

• Where is the line between clarification and
  negotiation?
• Can complex financial and legal documents be
  finalised by way of clarification?

5
Finance

• At what point in the process must finance terms
  be finalised in a PPP process?
• Is a term sheet sufficient to satisfy the
  requirements of the competitive dialogue process?
  
• What if the lending margin changes after
  selection of Preferred Bidder?

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Funding Options

• Funding Competitions
• European Investment Bank
• State contributions

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Confidentiality

• Article 6 of Directive 2004/18/EC
• Case C-450/06 Varec
• How to balance this right with national freedom
  of information legislation.
• How to protect this right within the competitive
  dialogue process.

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Change Mechanisms in PPP Agreements

• When do changes to an existing PPP contract give
  rise to a new award that has to be re-tendered
  Pressetext Case C-454/06
• Change/Variations Clauses in PPP Agreements

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Thank you

• Mary Dunne
• Partner Head of Projects/Procurement
• BCM Hanby Wallace
• 353 (1) 418-6716