Light RegimeLight Regime

Carina Risvig HamerCarina Risvig HamerPh.d. Associate Professor, University of Southern Denmark Ph.d. Associate Professor, University of Southern Denmark Laura SvaneklinkLaura SvaneklinkSenior policy adviser, Confederation of Danish IndustrySenior policy adviser, Confederation of Danish Industry

What is the light regime? What is the light regime? A (lighter) procurement procedure for social and other specific services with a value above 750.000 Euro

Photo: Attendo’s elder care center in Kolding Municipality

What is the light regime? What is the light regime?

Agenda1. Which contracts are covered? 2. How light can a procurement procedure get? 3. Consequences for breaching the rules?

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1.1. Which contracts are covered? 1.1. Which contracts are covered?

Services listed in Annex XIV with a value above 750.000 Euro

Mixed contracts Article 3:

Services listed in Annex XIV

Works contracts Main aim

Goods Value

Services covered by the full regime

Value

Outside the Directive objectively separable? Yes: choose to award separate contracts or to award a single contract No: main subject-matter of that contract.

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1.2. But its not that easy1.2. But its not that easy… …

Examples •Security services at psychiatric hospital

•Security advice for prison personnel and their families, who have received threats

•Laundry services for elder people as art of social security

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1.3. 1.3. Conclusion Conclusion

• Contracting authorities and economic operator / tenders often try to argue, that specific service fall within the light regime– Higher thresholds value– Easier process – Room for negotiation

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2.1. How light can a procedure get? 2.1. How light can a procedure get?

1. Publication of a (light) contract Notice or a PIN in the OJ including information regarding:

• The chosen procedure • Name and contact information• A short description of the contract, including CPV codes and

conditions for participating • Main elements in the award procedure(criteria)

2. Make tenders aware of the decision (state reasons)

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2.2. Does it need to be light?2.2. Does it need to be light?

• The complexity of the procurement process, especially market dialouge, should depend on the market and specific service.

• Example: security services at psychiatric hospital vs. laundry services for elder people

• How much customization and competition is needed?

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3.1. Remedies3.1. Remedies

• Standstill?

• What is the risk if the contracting authoritity breach the rules? – Ineffectiveness?– Annulment?– Termination of a contract?

• Transparency notices...

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3.2. Remedies3.2. Remedies

• Reducing the risk vs. reducing transaction costs

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ConclusionConclusion

• Know the rules, and know how to use the rules

• Efficient competition and cost saving

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More informationMore information

• ”Grundlæggende Udbudsret”, Carina Risvig Hamer, 2017:

https://www.djoef-forlag.dk/da/boeger/g/grundlaeggende-udbudsret#• Website: www. udbudslov.dk.

• Confederation of Danish Industry - Dansk Industriwww.di.dk.