Procurement procedures under the Private Finance Initiative: the operation of the new legal framework

Craven, Richard (2012) Procurement procedures under the Private Finance Initiative: the operation of the new legal framework. PhD thesis, University of Nottingham.

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The PhD research is concerned with how EU procurement regulation impacts upon the procurement process for Public-Private Partnership (PPP) projects. The process followed to award the contract and to set the terms of the agreement in the procurement of a PPP project (invariably highly sophisticated arrangements) is crucial for value for money. Prior to 2004 the process was regulated by EU legislation designed in the 1970s, which failed to adequately cater for modem procurement methods, like PPPs. Thus new legislation in 2004 introduced a new procedure for these projects: competitive dialogue. However, commentators have identified possible problems with competitive dialogue and there are numerous legal grey areas.

The research examines the way in which the new legal framework for competitive dialogue is applied to PPPs in the UK, and actors' perceptions of the framework. It seeks to identify perceived positive aspects of competitive dialogue in facilitating best practice; perceived problems, including any legal uncertainty and constraints on best practice; strategies to conduct the process within the constraints; and the factors that influence compliance and approach to legal risk.

The research adopts a socio-Iegal approach, combining analysis of the legal rules, with a study of the literature on theories of regulation and enforcement, and qualitative interviews with legal advisors, procurement officers, and policymakers.

Item Type: Thesis (University of Nottingham only) (PhD)
Supervisors: Arrowsmith, S.L.
Fraser, D.
Keywords: government purchasing, procurement, pfi, private finance initiative, eu, european union, gb, great britain, uk
Subjects: K Law > KD England and Wales
Faculties/Schools: UK Campuses > Faculty of Social Sciences, Law and Education > School of Law
Item ID: 13975
Depositing User: EP, Services
Date Deposited: 10 Feb 2014 11:25
Last Modified: 18 Sep 2016 08:52

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