CONTRACT LAW AND PUBLIC SERVICES

Single discipline educational activity

Course Sheet

Course code:

000424L

Academic Year of enrolment:

2022

Year of supply:

2023/2024

Type of Course:

Characterising

Degree:

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

Disciplinary Sector:

Administrative Law

Language:

Italian

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

FANTI VERA

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 services of general interest of an economic and non-economic nature. 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
3. Services of general interest and internal market rules

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

Ruggiero Dipace, Manuale dei contratti pubblici, Giappichelli, 2021
Commissione Europea, Orientamenti in materia di appalti pubblici per professionisti, 2018, https://ec.europa.eu/regional_policy/it/information/publications/guideli...
COMMISSION STAFF WORKING DOCUMENT, Guide to the application of the European Union rules on state aid, public procurement and the internal market to services of general economic interest, and in particular to social services of general interest, https://ec.europa.eu/competition/state_aid/overview/new_guide_eu_rules_p...
European Commission, The European Green Deal, https://eur-lex.europa.eu/legal-content/IT/TXT/?qid=1576150542719&uri=CO..., Il Green Deal Europeo
European Commission, Reflection document. Towards a sustainable Europe by 2030, https://ec.europa.eu/info/sites/default/files/rp_sustainable_europe_it_v...

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 an interview-like discussion. The assessment regards the argumentative skills starting from a case and the acquisition of an appropriate technical language.

Over the summer session, students can opt for a written exam, consisting of a multiple-choice quiz, 20 questions, and a short dissertation, to be held online (moodle) ordinarily the day before the interview exam. In such a case, to pass to the interview, which will revolve around discussing the written exam, a minimum mark of 18/30 is needed.

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

Aree

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