The law of public and utilities procurement

著者

書誌事項

The law of public and utilities procurement

Sue Arrowsmith

Sweet & Maxwell, 2005

2nd ed

大学図書館所蔵 件 / 全2件

この図書・雑誌をさがす

注記

Includes bibliographical references and index

内容説明・目次

内容説明

The Law of Public and Utilities Procurement provides a detailed examination and critique of the legal and policy framework for procurement in English law and in the EC, including an in-depth analysis of all the recent changes. The Law of Public and Utilities Procurement: * Sets out the domestic constitutional framework for public procurement * Assesses the impact on procurement of new developments in public law, including devolution, the Human Rights Act, the Best Value regime, and the Freedom of Information Act * Examines important judicial developments under the Blackpool implied contract doctrine * Explains the rules on ultra vires contracts and authority of public officers * Analyses government policy on contracting out and PFI/PPPs and its legal implications * Provides an in-depth analysis of procedures for awarding PFI/PPP contracts * Examines the TUPE rules in the context of public procurement * Offers an in-depth analysis of EC policy and legal rules on public procurement * Explains the rules governing procurement procedures in domestic law under the Public Works Contracts Regulations, Public Supply Contracts Regulations and Public Services Contracts Regulations * Contains separate detailed chapters on key practical issues such as specifications and social/environmental criteria * Includes brand new chapters devoted to framework agreements, competitive dialogue, electronic procurement and information requirements * Contains two extensive chapters devoted to the EC Directive and UK Regulations on procurement by utilities * Offers in-depth analysis of grey areas of EC law, including disclosure of selection/award criteria, use of social criteria, post-tender negotiations, changes to award criteria/specifications, and conduct of negotiated procedures * Provides extensive analysis of the consequences of non-compliance, both before the ECJ and before English courts * Contains extensive analysis of key ECJ decisions, such as Concordia Buses, Telaustria and Universale-Bau * Offers detailed analysis of recent UK court decisions, such as Denfleet on framework agreements and Kathro on use of negotiated procedures

目次

The Common Law and Statutory Framework * EC Procurement Policy and its Implementation in National Law * Procurement under the EC Treaty * The Public Sector Rules: Who is Contracting Authority, Contracts Covered, Open and Restricted Procedures, Negotiated Procedure with a Notice, Negotiated Procedure without a Notice, Competitive Dialogue, Qualification, Special Procedures * Framework Arrangements * Information Provisions under the Public Sector Rules * The Utilities Rules: Scope, Award Procedures * The EC Rules on Specifications * Electronic Procurement * Industrial Social and Environmental Concerns * Third-Country Relations * Remedies and Enforcement

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