Procurement Law, 2nd Edition by David Browne SC

Procurement Law

The definitive guide to navigating public procurement law in Ireland

The second edition of Procurement Law includes an extensive commentary on procurement law in Ireland, the United Kingdom, and the European Court. Fully reviewed with extensive updates to case law and legislative progress since the first edition in 2018, the text provides an overview of the principles of public procurement, thresholds and exclusions for public contracts, notification and procurement procedures, framework agreements and dynamic purchasing, and remedies and redress. It is an extensive evaluation of the substantive and procedural provisions applying to public procurement in this jurisdiction.

There have been multiple developments in case law in Ireland, UK, and the CJEU since the first edition in 2018, all of which are addressed in this text. The second edition updates and expands upon chapters from the previous edition, as well as including some brand new chapters. It remains a key text for legal practitioners and those working in the area of public procurement in local authorities, Government departments, utilities, and potential contractors and bidders in the private sector.

Features

  • Provides a complete overview of the EU Directives, national transposing Regulations in Ireland, and case law in different jurisdictions.
  • Consolidates relevant Irish procedures on notification of tenders and the procurement process.
  • Extensive evaluation of public procurement law in this jurisdiction.
  • Analyses the relevant procedures for reviewing the procurement process and seeking redress.
  • Analyses public procurement from a legal and practical perspective.
  • Deals with EU Directives and transposing national legislation and case law.
  • Includes commentary relevant to procurement litigation in Ireland.

New to This Edition

  • Deals with all cases in the Irish courts in the area of procurement law, including significant decisions such as Word Perfect Translation Services v Minister for Public Expenditure and Reform [2019] 2 I.R. 503; Word Perfect Translation Services v Minister for Public Expenditure and Reform [2021] I.R. 698; Word Perfect Translation Services v Minister for Public Expenditure and Reform [2022] 3 I.R. 764; White Mountain v Mayo County Council [2024] IEHC 259.
  • All chapters have been revised and rewritten to incorporate recent developments, and many have been expanded to cover areas not previously addressed in previous editions.

About the Author

David Browne is a Senior Counsel at the Irish Bar and practices in administrative and public law, specializing in local government, planning, environmental, and procurement law. He is also the author of The Law of Local Government and Simons on Planning Law, also published by Thomson Reuters.

Table of Contents

  • Chapter 1: Introduction
  • Chapter 2: Principles of Public Procurement
  • Chapter 3: Contracting Authorities and Entities
  • Chapter 4: Types of Public Contract
  • Chapter 5: Concession Contracts and Public-Private Partnerships
  • Chapter 6: Sub-threshold Contracts and Cross-Border Interest
  • Chapter 7: Exclusions and Exemptions
  • Chapter 8: Types of Procedure
  • Chapter 9: Framework Agreements
  • Chapter 10: Dynamic Purchasing and Electronic Procurement
  • Chapter 11: Selection Criteria
  • Chapter 12: Award Criteria
  • Chapter 13: Social and Environmental Public Procurement
  • Chapter 14: Evaluation of Bids
  • Chapter 15: Abnormally Low Tenders
  • Chapter 16: Notification of Decision and Reasons
  • Chapter 17: Remedies and Redress
  • Chapter 18: Contract Performance
  • Chapter 19: Modification of Contracts
  • Chapter 20: State Aid

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