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From Reciprocity to Exclusion: How Far Will the EU Public Procurement Go?

A previous post on this blog asked how much more EU procurement law can take, as multiple strategic goals get piled onto a framework that was...

What Does “AI in Procurement” Actually Mean Right Now?

Ask a room full of procurement experts to describe the current state of AI in public procurement in one word, and you get different answers. That...

The Leaked EU Procurement Act Won’t Determine Whether Your Contract Is Public or Private

The issue of the legal nature of a public contract is a significant matter under EU public procurement law. The draft of the new Regulation on...

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C-385/02: The contracting authoritiesโ€™ discretion regarding direct awards?
C-385/02: The contracting authoritiesโ€™ discretion regarding direct awards?

C-385/02: The contracting authoritiesโ€™ discretion regarding direct awards?

In the C-385/02, COMMISSION V ITALY, the CJEU extensively answered questions concerning the contracting authorities' discretion when awarding a contract directly. In doing so, the CJEU stipulated conditions to be satisfied when a direct award is chosen due to technical reasons. Furthermore, it showcased the judicial approach to determining whether the state of urgency is actual and grounded or purely illusory. Lastly, this judgment reaffirms that the Public Works Contracts Directive derogating provisions are to be interpreted strictly.

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English PodcastNews
#22 Award Criteria Under the Magnifying Glass & Rasmusโ€™ Advice for PhDs

#22 Award Criteria Under the Magnifying Glass & Rasmusโ€™ Advice for PhDs

In this episode, Marta, Willem, and their guest, dr.ย Rasmus Horskjรฆr Nielsenย discuss award criteria and evaluation methods in public procurements. In doing so, Rasmus explains the difference between relevant and controllable competition concepts. In addition, they debate whether there is such a thing as objective criteria For the dessert, you can hear what Rasmus would do differently if he did his PhD again.ย 

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English PodcastNewsPodcastPurpLE News
#21 Modifying Construction Contracts from Contract and Procurement Law Perspective & Oleโ€™s advice for Change
#21 Modifying Construction Contracts from Contract and Procurement Law Perspective & Oleโ€™s advice for Change

#21 Modifying Construction Contracts from Contract and Procurement Law Perspective & Oleโ€™s advice for Change

In this episode, Marta and Willem, along with their guest Prof. Ole Hansen discuss the modification of construction contracts. They explore why in practice, there is often a need for modification in construction contracts and how it is addressed with reference to principles of loyalty and reciprocity. They point out that the rules concerning modification of public contracts do not always represent the commercial reality but merely focus on what is promised in the tender. For the dessert, they argue contract law perspective in public contracts is welcomed.

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Dutch PodcastNews
#30 MVA Special: De abnormaal lage inschrijving als duurzaamheidsverplichting๏ฟผ

#30 MVA Special: De abnormaal lage inschrijving als duurzaamheidsverplichting๏ฟผ

In deze aflevering spreekt Willem met Jรธrgen den Houting (Rozemond Advocaten) over abnormaal lage inschrijvingen als duurzaamheidsverplichting. Wanneer is sprake van een abnormaal lage inschrijving? Welke rol speelt duurzaamheid als verplichting in dit kader? Hoe...

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English PodcastNewsPodcast
#20 Contract Management Tools & Transitioning to Associate Professor

#20 Contract Management Tools & Transitioning to Associate Professor

In this episode, Willem & Marta welcome guest Dr. Alexandra Andov and discuss the topic of digital technologies and contract management. They explore the distinctions between contract formation and contract execution, as well as the use of digital technologies in the management phase, such as negotiation, electronic signatures, computational contracts, and transparency. For dessert, they open up about their own experience in becoming Associate professors by sharing one aspect that has changed since.

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