EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

An interesting solution introduced in the communication is the possibility of public buyers using innovative digital tools in order to generate wide interest of economic entities which are able to propose alternative solutions to those existing on the market. The so-called hackathons (design marathons) could be lunched in order to develop new solutions, for example: re-use of protective masks and gloves, more effective methods of protecting medical personnel or the possibility of detecting the virus in the environment. In the communication, the EU encouraged cooperation with innovation ecosystems or business networks which could propose new solutions (Baratta. 2020, pp. 365–373). The European Commission pointed out to the possibility of using the so-called expedited procedure, it is the restricted and open procedure. According to the Article 27 § 1, in the open procedure, the deadline for submitting bids is 35 days. However, this period may be reduced to 15 days where contracting authorities published a prior information notice which was not a call. Pursuant to the Article 28 § 1, in the restricted procedure, the period for submitting the offer is 30 days. However, due to the urgency of the situation, the deadline for submitting applications may be shortened to 15 days, and the deadline for submitting offers even to 10 days. Later in the Communication, reference is made to the Article 32 § 2(c), of the Directive 2014/24 / EU, concerning the possibility of introducing a negotiated procedure without prior publication. However, the use of this procedure is exceptional, even during the COVID-19 pandemic. This procedure allows contracting authorities to negotiate directly with potential contractors. This procedure may be used when the company is able to perform a contract under the conditions of urgent technical and time constraints. The European Commission in this communication, point 2.3.2. concluded that the growth curve of COVID-19 infections in March 2020 was so high that it undoubtedly forms the basis for the application of accelerated procedures by contracting entities of the Member States in the area of supplies, services, and works. The causal link between the increased needs of hospitals and public health institutions and the incidence of COVID-19 cannot be denied. In these circumstances, the use of negotiated procedures without prior publication may offer an opportunity to meet urgent health care needs. This procurement mode fills the gap until more stable solutions are found. However, any deviation from the assumptions adopted in Directive 2014/24 / EU requires an individual assessment. To sumup, it should be stated that the EuropeanCommission in its communication 2020 / c 108 I / 01 issued, in connection with the growing COVID-19 infection curve, only the possibility of applying special procurement law solutions in the event of emergency situations, which were already provided for in the Directive 2014/24 / EU. Namely, it is about the use of negotiated procedures with shortened

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