CONTRACT LAW AND PUBLIC SERVICES

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Single discipline educational activity

Course Sheet

Course code:

000424L

Academic Year of enrolment:

2020

Year of supply:

2021/2022

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Disciplinary Sector:

Administrative Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

CIVITARESE MATTEUCCI STEFANO

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

As established by the Syllabus of the Course.

Objectives

The course aims to raise the awareness on the main tools regulating the delivery of public services and the awarding and management of public contracts both in the national and EU perspective. After attending the course, students will be able to understand how to manage a public procurement process and which variables to appraise for introducing sustainable goals into public contracts

Contents

Part I - Principles
The system of the sources of law regarding public contracts and services.
Administrative function and the delivery of public services. General models and tools.
General legal principles (Italian and European) about public contract law.
Part II – Set out and implement public contracts
1. Preparation and planning
2. Publication and transparency
3. Submission of tenders and selection of tenderers
4. Evaluation of tenders and award
5. Contract Implementation
Part III - SUSTAINABLE PUBLIC PROCUREMENT UNDER EU LAW
1. Understanding the Scope and Limits of Discretion in EU Public Procurement Law
2. The relationship between EU environmental and economic policies

Extended Syllabus

Part I – Principles
The system of the sources of law regarding public contracts and services.
Administrative function and the delivery of public services. General models and tools.
Public procurement law between public law and civil law.
General legal principles (Italian and European) about public contract law: competition, publicity, transparency, accountability, and efficiency.
The scope of regulation regarding public contracts.
Different kinds of public contracts
Part II – Set out and implement public contracts
1. Preparation and planning 1.1. Assess future needs 1.2. Engage stakeholders 1.3. Analyse the market 1.4. Define the subject matter 1.5. Choose the procedure 1.6. Plan the procedure
2. Publication and transparency 2.1. Draft procurement documents 2.2. Define specifications and standards 2.3. Define the criteria 2.4. Set the time limits 2.5. Advertise the contract
3. Submission of tenders and selection of tenderers 3.1. Ensure a delivery of tenders according to instructions 3.2. Acknowledge receipt and open tenders 3.3. Assess and select tenders
4. Evaluation of tenders and award 4.1. Set up the evaluation committee 4.2. Apply the award criteria 4.3. Deal with abnormally low tenders 4.4. Request clarifications 4.5. Finalise the evaluation and decide 4.6. Award the contract
5. Contract implementation 5.1. Manage the relationship with the contractor 5.2. Manage the contract 5.3. Deal with contract modifications 5.4. Deal with complaints and remedies 5.5. Terminate a contract during its term 5.6. Close the contract
6. Toolkit 6.1. Most common errors in public procurement 6.2. Resources and references 6.3. Checklist for specifications drafting 6.4. Checklist for the control of public procurement 6.5. Template declaration of absence of conflict of interest and confidentiality
Part III - SUSTAINABLE PUBLIC PROCUREMENT UNDER EU LAW
1. Understanding the Scope and Limits of Discretion in EU Public Procurement Law
2. The relationship between EU environmental and economic policies: the role of the Court of Justice
3. Life-cycle costing for sustainable public procurement in the European Union

Recommended Bibliography

Ed. Sanja Bogojevi, Xavier Groussot and Jörgen Hettne, eds, Discretion in EU Public Procurement Law, Oxford, Hart Publishing, 2018 (from chap. I to chap. VII)

BEATE SJAFJELL AND ANJA WIESBROCK, eds, SUSTAINABLE PUBLIC PROCUREMENT UNDER EU LAW. New Perspectives on the State as Stakeholder, Cambridge University Press, Chap. III, IV, VI, and X.

EU Commission, PUBLIC PROCUREMENT GUIDANCE FOR
PRACTITIONERS, February 2018, http://eur-lex.europa.eu

Methods of Provision

Conventional

Teaching Methods

Self-learning and assessment by using the Moodle platform complement teaching in class. Class comprises lectures (2/3) and problem-based learning activity. By the latter, we will discuss cases by using the Moodle platform as well.

Evaluation methods

Verification of learning:

The exam is partly written and partly interview.
The written bit amounts to a maximum of 18/30 marking points. It consists of a multiple choice quiz and possibly a short dissertation. To pass at least 10 points are needed.
The interview bit awards the remain points. It regards a discussion about the course’s topics. The assessment regards the argumentative skills starting from a case and the acquisition of an appropriate technical language.
With attending students way of partitioning the exam into different modules can be agreed.

Contacts/More Information

For information and tutorial, I am available at my office (Department of Legal and Social Studies, Pescara Campus) every Wednesday at 4 pm. It is possible to fix an online appointment by using the Teams platform

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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