NIFHA Annual Conference 2014 Great Homes, Thriving Communities 24 October 2014 Micaela Diver, A&L Goodbody.

Slides:



Advertisements
Similar presentations
Julián Valero Torrijos
Advertisements

European Union European Union. European Coal and Steel Community 1952: began with the signing of the Treaty of Paris, establishing the European Coal and.
Administrative Law Obstacles For Accessing and Re-Using PSI Julián Valero-Torrijos University of Murcia (Spain) LAPSI Legal Workshop OGDCamp.
General introduction to Community legislation in the field of Public procurement the classical sector – Directive 2004/18/EC Mr. Jari Kallio DG MARKT Directorate.
1 TOWARDS A CLEARER INTERACTION BETWEEN THE STATE AID RULES AND THE RULES ON PUBLIC PROCUREMENT Global Competition Law Centre, Bruges, 30 Sept 2011 Klaus.
Ms Valerie Vandermeersch National expert, Ministry of Justice.
REPUBLIC OF ALBANIA PUBLIC PROCUREMENT AGENCY Introduction to the Albanian Public Procurement System Central Asia Regional Public Procurement.
Public Procurement in Albania in the framework of recent reforms PUBLIC PROCUREMENT AGENCY 1.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU. CENTRAL PUBLIC PROCUREMENT STRUCTURES Recent developments.
PUBLIC PROCUREMENT IN COUNTIES: RESPONSIBILITIES & CONTROLS
Financial Assistance Workshop Contract versus Grant.
Model Rules on EU Administrative Procedures Book IV – Contracts Presentation for the ReNEUAL Conference 2014 EU Administrative Procedures – European Ombudsman.
A PROCUREMENT ASSESSMENT MODEL Joel Turkewitz World Bank April 2003.
Performance of Contractor Agreements: Practical Issues Kyiv, September 2012 Kristina ARTEMENKO EU Project "Harmonisation of Competition and Public Procurement.
REPUBLIC OF ALBANIA PUBLIC PROCUREMENT AGENCY 9th Public Procurement Knowledge Exchange Platform May, 28-31, 2013 Skopje
Kyrgyz Republic is a sovereign, unitary, democratic republic Land area: ca thousand square kilometers (ranked 85 th in the world) Land area: ca.
Frameworks agenda Definition Advantages, features
Public Procurement in the Republic of Cyprus By: Theodosis Tsiolas Public Procurement Directorate Treasury of the Republic.
The Directive from the perspective of the public sector Late Payment Directive Herald Bonnici Director General (Financial Management & Policy) MINISTRY.
CECOP Les Marchés Publics 16 decembre 2008 Bruxelles Considerations on the public procurements Law and its implementation in worker cooperatives.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Martin Oder, LL.M. Legislative Options for Regulating Concessions.
PROCUREMENT OVERSIGHT AND MONITORING – A MEANS FOR EFFECTIVE PROJECT IMPLEMENTATION 11 th PUBLIC PROCUREMENT KNOWLEDGE EXCHANGE FORUM June, 9-12, 2015.
ETF Conference, Building & Financing European Transport Infrastructure, Brussels, 23rd Oct Building & Financing European Transport Infrastructures.
The Republic of Sudan Ministry of Finance & National Economy General Directorate for Public Procurement, Contracting & Disposal of Surplus Public Procurement.
FIDIC MDB Conference Brussels June 2012 © European Bank for Reconstruction and Development 2010 | EBRD Procurement considerations when financing.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU 2 nd SIGMA NETWORKING SEMINAR OECD Conference Centre Paris.
 Manager of public procurement is not the final consumer  Number of people participating in taking decision  Volume of trade  Formalized process of.
The role of REGULATORY IMPACT ASSESSMENT in Technical Regulation and Standards Houston, April 2-4, 2014 THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Central Public Procurement Institution in UK – Office of Government.
Modernisation of EU public procurement policy Proposal of the Commission Directive on public procurement (replacing Directive 2004/18/EC) NB: The information.
Part-financed by the European Union Partnership Joint Technical Secretariat Lead Applicant Seminar for 1st application round Hamburg, April 2008.
Proposal for new EU procurement Directives 30 May 2012 Catherine Wolfenden.
Preparation of future ENI CBC programmes - State of Play Vanessa De Bruyn (DG DEVCO) 3 December 2012.
PRIMES [2] Legal & Policy Framework of GPP Presented by (Insert own logo)
Geographical Enlargement of CERN Associate membership Principles and criteria S. Intoudi / 8 July
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU THE CAPACITY TO SUE IN PUBLIC PROCUREMENT REDRESS PROCEDURES.
Projects spanning over two programming periods Department for Programme and Project Preparation Beatrix Horváth, Deputy Head of Department Budapest, 5.
PUBLIC PROCUREMENT SYSTEM IN TAJIKISTAN RAVSHAN KARIMOV AGENCY FOR PUBLIC PROCUREMENT UNDER THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN.
ISO Environmental Management Systems 1 ISO LEGAL AND OTHER REQUIREMENTS.
16-17 November 2005 COSCAP – NA Project Steering Group Guangzhou, China 1 Co-operating with the European Aviation safety Agency.
PROCUREMENT IN PRSCs – Case of Uganda March 24-28, 2008 Playing a Key Role in achieving the Development Results Playing a Key Role in achieving the Development.
PPP Legal & Regulatory Framework. PPP Policy In July 2008 GOK approved the PPP policy directive through which: PPPs are identified as a method for investing.
Ex-ante control and market monitoring performed by the Bulgarian Public Procurement Agency Ani Mitkova, Director of Directorate “Register and Monitoring.
PUBLIC PROCUREMENT REFORMS IN ALBANIA 10 th PUBLIC PROCUREMENT EXCHANGE PLATFORM May, 27-30, 2014 Istanbul, Turkey 1.
EMTA General Meeting Prague May 2012 Round table on PSO Regulation 1370/2007 “Two years after enforcement, where are we? How efficient is the regulation?
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU THE EU UTILITIES PROCUREMENT REGIME A COMPARISON WITH THE.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 15 – Energy – Upstream Hydrocarbons.
REPUBLIC OF ALBANIA PUBLIC PROCUREMENT AGENCY Eighth Regional Public Procurement Forum May, 22-25, 2012 Tirana
Reforms in the Albanian Public Procurement System 7 th Regional Public Procurement Forum Tbilisi, Georgia May 16-19, 2011 PUBLIC PROCUREMENT AGENCY 1.
Introduction to Procurement for Public Housing Authorities Getting Started: Basic Administrative Requirements Unit 1.
IVICA BALOGOVIĆ HEAD OF DEPARTAMENT OF INTERNATIONAL RELATIONSHIPS, GOVERNMENT OF THE REPUBLIC OF CROATIA PUBLIC PROCUREMENT OFFICE(PPO) ROLE AND STRATEGY.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 14 – Transport Policy Bilateral screening:
Olivier MOREAU 17 June 2015 Intercontinental Hotel, Bucharest NEW EU PUBLIC PROCUREMENT DIRECTIVES IMPLEMENTATION PROCESS.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 27 – Environment Bilateral screening:
Ninth Annual Conference on Government Procurement in the Americas of the INGP September 17-19,2013 Radisson Victoria Plaza Hotel, Montevideo, Uruguay.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Ensuring Good Quality PPP Projects Martin Darcy Regional Workshop.
Marek Stavinoha Legal officer DG MOVE A4 European Commission
PRESENTATION OF MONTENEGRO
The Accession Process to EU
PRESENTATION OF MONTENEGRO
Workshop ESF and tendering 11 October 2006, Brussels Directive 2004/18/EC Tendering of public contracts Robert Wein, European Commission Disclaimer:
Marine knowledge presentation to eighth meeting of Marine Observation and Data Expert Group presentation to eighth meeting of Marine Observation and.
26 October 2018 Elephant Hills Hotel Victoria Falls
Bulgaria – Country Report
Andrea Sundstrand Associate Professor
Ministry of Economic Development and Trade of Ukraine
PUBLIC PROCUREMENT & DISPOSAL OF PUBLIC ASSETS ACT
Modernisation of EU public procurement policy
CRISTINA BREDEN – Director ROMANIAN COURT OF ACCOUNTS
Public Procurement in Macedonia Achievements in 2014
Presentation transcript:

NIFHA Annual Conference 2014 Great Homes, Thriving Communities 24 October 2014 Micaela Diver, A&L Goodbody

The new Public Procurement Landscape How the law interacts with commercial realities for Housing Associations

New Procurement Directives Public Contracts Regulations 2015 (Draft) Directive 2014/24/EU Public Procurement Directive Utilities Contracts Regulations (2015?) Directive 2014/25/EU Utilities Directive Concession (Contracts Regulations 2015?) Directive 2014/23/EU

Transposition of Directives Transposition Deadline by 18 April 2016 (UK will have implemented before that date) Concessions To note Accelerated Open No Part B services Social/Other services Concessions – threshold No changes to thresholds To watch Past performance Contract modifications Greater use of negotiated procedure Sheltered Workshops Social criteria

Are Housing Associations caught by the Regulations?  Bodies governed by public law: »Must meet three cumulative conditions: –It has legal personality; –It meets at least one of the following criteria: a. It is financed for the most part by a contracting authority; b. It is subject to management supervision by a contracting authority; or c. It has a board more than half of whose members are appointed by a contracting authority; –It is “established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character…”.  Does this cover all activities?

Is procurement a barrier to progress?

Common issues Timing constraints Capacity & performance TUPE Competition, bid rigging, collusive tendering Approval process

Development Agreements  Works concession or property transaction?  Legal Test »Set out in Helmut Muller –Direct economic benefit to Contracting Authority –Legally enforceable obligation to carry out works –Requirements specified by Contracting Authority?  Basis of right of exploitation  Main object of contract

Getting the most out of procurement Framework AgreementsBespoke ProcurementJoint Ventures Collaboration Oversight body? Buying Group?

Approach to procurement Good procurement Good procurement compliance

Time for reform? Legal change Policy change?

The future of the European Union...?

Questions Micaela Diver Associate T: +44 (0) E: