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COURT DECISIONS IN PUBLIC PROCUREMENT: DELINEATING THE GREY ZONE

Wedin Hansson, Lina LU and Åström, Karsten LU (2008) The International Public Procument Conference (IPPC)
Abstract
To remain effective within the public procurement proc-ess it is important to avoid revisions on contract award deci-sions, which prolong the procurement process and takes its toll on public resources. This paper aims to delineate the grey zone within public procurement legislation and clarify how the court interprets it, which will aid procurement officers in achieving best practice. Findings indicate a bias in favour of the procuring authority in terms of outcome of the court deci-sions through the use of a principle allowing for imperfect Re-quest for Tender (RFT) and evaluation models due to fluctua-tions in the economic sector. The findings show that some of the most litigious issues are flawed RFT, inconsistent RFT and award... (More)
To remain effective within the public procurement proc-ess it is important to avoid revisions on contract award deci-sions, which prolong the procurement process and takes its toll on public resources. This paper aims to delineate the grey zone within public procurement legislation and clarify how the court interprets it, which will aid procurement officers in achieving best practice. Findings indicate a bias in favour of the procuring authority in terms of outcome of the court deci-sions through the use of a principle allowing for imperfect Re-quest for Tender (RFT) and evaluation models due to fluctua-tions in the economic sector. The findings show that some of the most litigious issues are flawed RFT, inconsistent RFT and award evaluation and a lack of clarity in the RFT and/or the procurement process. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to conference
publication status
submitted
subject
keywords
legal application, Sociology of law, public procurement, appeal
conference name
The International Public Procument Conference (IPPC)
project
Public Procurement
language
English
LU publication?
yes
id
e309d589-9c6f-472b-a7fb-b87646670687 (old id 1162519)
date added to LUP
2008-07-10 15:07:11
date last changed
2016-08-29 16:25:15
@misc{e309d589-9c6f-472b-a7fb-b87646670687,
  abstract     = {To remain effective within the public procurement proc-ess it is important to avoid revisions on contract award deci-sions, which prolong the procurement process and takes its toll on public resources. This paper aims to delineate the grey zone within public procurement legislation and clarify how the court interprets it, which will aid procurement officers in achieving best practice. Findings indicate a bias in favour of the procuring authority in terms of outcome of the court deci-sions through the use of a principle allowing for imperfect Re-quest for Tender (RFT) and evaluation models due to fluctua-tions in the economic sector. The findings show that some of the most litigious issues are flawed RFT, inconsistent RFT and award evaluation and a lack of clarity in the RFT and/or the procurement process.},
  author       = {Wedin Hansson, Lina and Åström, Karsten},
  keyword      = {legal application,Sociology of law,public procurement,appeal},
  language     = {eng},
  title        = {COURT DECISIONS IN PUBLIC PROCUREMENT: DELINEATING THE GREY ZONE},
  year         = {2008},
}