- In brief: Court examines limits on subcontracting, joint tenders & specification changes (‘Borta’ UAB v Klaipėdos valstybinio jūrų uostodirekcijaVĮ)
- Original news
- What should public procurement lawyers take note of?
- What was this case about?
- What did the court decide?
- Subcontracting restrictions in public works contracts
- Contribution of tenderers in a common tender
- Changes to tender specification after publication
Public Law analysis: Joseph Dalby SC, barrister at 4–5 Grays Inn Square, considers the case of ‘Borta’ UAB v Klaipėdos valstybinio jūrų uostodirekcijaVĮ, C-298/15. In this case the Court of Justice examined provisions of a public works contract tender based on provisions of Lithuanian procurement law intended to ensure works are executed properly whilst also facilitating access by small and medium sized enterprises (SMEs), including rules relating to works performed by subcontractors, and group tenderers. Whilst recognising the legitimacy of the aims, the court struck out two mechanisms as they were not necessary/proportionate. Separately the court dealt with the conditions in which tender specifications could be modified during the course of the procurement procedure.
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