Efficiency Enhancement

Dr. Johannes M. Jäger

doi:10.5771/9783689004316

Summary

How can public procurement be made strategic, digital and legally sound? Johannes M. Jäger analyses “Dynamic Purchasing Systems” in EU law, comparing them with the UK’s innovative “Dynamic Markets”. The author examines the purpose, structure and practical challenges of both systems, highlighting their potential to enhance efficiency. Combining comparative legal analysis with an economic perspective, the study addresses procurement professionals, legal experts and reform-minded institutions. The author is a German lawyer (Rechtsanwalt) and bar-certified specialist (Fachanwalt) in procurement law, working at the intersection of administration, law and economy.

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Bibliographic data

Copyright year: 2025
ISBN-Print: 978-3-68900-430-9
ISBN-Online: 978-3-68900-431-6
Publisher: Tectum, Baden-Baden
Series: Young Academics: Rechtswissenschaft
Volume: 25
Language: English
Pages: 72
Product type: Book Titles

1. Foreword No access
2. Preface No access
3. List of Abbreviations and Translations No access
4. Preliminary Remarks No access
1. A. Dynamic Purchasing Systems in EU Procurement Law since 2004 No access
2. B. The 2014 EU Procurement Law Reform: Making Dynamic Purchasing Systems Attractive? No access
3. C. Remaining Deficiencies in the EU’s 2014 Dynamic Purchasing System: BrexitBrexit as an Opportunity for an Improved British Version No access
4. D. Aim and Scope of the Study No access
1. A. Core Features of the Dynamic Purchasing System No access
2. B. Legal Nature of the Dynamic Purchasing System: Not a Sui Generis Type of Procurement Procedures No access
3. 1. 1. 1. First Stage: Establishment of a Dynamic Purchasing System No access
    2. 1. a) Difference in Form not in Substance between Member StatesMember States No access
      2. b) Award of Individual Contracts: Framework Agreements under Dynamic Purchasing Systems Inadmissible No access
  2. II. Further Key Feature: Open and Free of Charge Access No access
4. 1. I. (Un-)Limited Duration of the System?! No access
  2. 1. 1. Suitability Especially for Standard Supply and Service Contracts No access
    2. 1. a) EU Legislator's Intention: No General Exclusion for Services and Works No access
      2. b) German and British Interpretation of the EU Law: ‘Simple’ Intellectual Services Admissible No access
  3. 1. 1. Applicability without (Explicit) Mention in Directive 2009/81? No access
    2. 2. National Implementation: Dynamic Purchasing Systems in German Defence and Security Procurement Law No access
    3. 3. Conclusion: Practical Considerations and Potential Benefits of Dynamic Purchasing Systems in Defence and Security Procurement No access
5. E. Conclusion No access
1. 1. I. BrexitBrexit and the Consequences for Public Procurement Law in the UK No access
  2. 1. 1. Application to Contract Types: Recurring Procurements but also Complex Projects No access
    2. 2. Unlimited Duration of Dynamic Markets No access
2. 1. 1. 1. First Stage: Establishing a Dynamic Market No access
    2. 1. a) Awarding Only ‘by Reference to’ a Dynamic Market No access
      2. b) Awarding Through a Competitive Flexible Procedure at the Contracting Authority’s Discretion No access
  2. II. Fees for Participants as an Obstacle to Competition? No access
3. 1. I. Extended Material Scope Requires Precedents No access
  2. 1. 1. How Do Contracting Authorities Use the Flexible Procurement Procedure? No access
    2. 2. Do Fees for Successful Suppliers Hinder Competition? No access
    3. 1. a) Revoked Special Regime of EU-Inspired Defence and Security Public Contracts Regulations 2011Defence and Security Public Contracts Regulations 2011 No access
      2. b) Dynamic Markets in Defence and Security Procurement? Not Explicitly Permitted – But Not Excluded Either No access
      3. c) Conclusion: Practical Considerations and Potential Benefits of Dynamic Markets in Defence and Security Procurement No access
1. A. The (Not Really) ‘Dynamic’ Purchasing System under EU Law No access
2. B. Dynamic Markets as an Evolution of Dynamic Purchasing Systems: Also a Revolution in Strategic Procurement? No access
Bibliography No access Pages 67 - 70
Index No access Pages 71 - 72