Ændring af offentlige kontrakter i deres løbetid: En udbudsretlig analyse af ændringsbestemmelsernes overensstemmelse med de grundlæggende EU-retlige principper og en økonomisk analyse af en offentlig rammeaftales udfordringer

Rói Mohr Jónsson & Símun Petur Eið

Student thesis: Master thesis

Abstract

The dissertation analyzes the modification possibilities in the new Danish Public Procurement Regulation concerning ongoing modifications in contracts between public entities and bidders. More specifically, the dissertation analyzes if the implementation of the amending provisions are consistent with the fundamental principles of EU law. The aim of the implementation was to provide clarity and flexibility through a reformulation of amending provisions. The reformuliation has subsequently given Danish procurement practitioners challenges, as the reformulation may - in their opinion - result in more lenient amending provisions. The investigators will analyze whether the discrepancy between the wording of the amendment provisions and similar wording in art. 72 in the EU Public Procurement Directive and case law may result in wider access for public entities to make modifications to public law during their term. Broader access to make modifications may be in conflict with the fundamental principles of EU law. The uncertainty caused by a reformulation can provide market participants with economic challenges. The economic portion of the dissertation will be examined using a case study. The purpose of the case study, which uses the new Danish Public Procurement Regulation, is to pinpoint challenges and incentive structures in the framework agreement. This is done using the Transaction Cost Theory and the Principal-Agent theory. Furthermore, the incentive pay principles of Milgrom & Roberts to operationalize diagnostic challenges are used. Towards the end of both the legal and economic sections of the dissertation are market studies, which are used to give a conclusion about market players' perception of the implementation of the amending provisions. In conclusion, the dissertation will explore how the case study's framework agreement is affected by the implementation of the amending provisions. This is done to conclude whether the implementations of the amending provisions are societally optimal or if the legislature should amend the regulation to make it more socially efficient.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2017
Number of pages196