I have submitted feedback to the public consultation on the proposed EU Public Procurement Act (currently open until 24 December). My submission (F33581451) provides an initial high-level assessment of the proposal for a Public Procurement Act. It focuses on selected issues.
The first part focuses on the choice of legal instrument and proposes a split approach to the legal form underpinning the process of review: a short regulation on digital ecosystem, a transfer of the third country access rules to the revision of the International Procurement Instrument, and a resubmission of a proposal for a new directive, subject to there not being enough support for an alternative approach not to revise the procurement rules and instead make significant investments in boosting procurement capacity.
The second part engages in some more detail with the content of the proposed Public Procurement Act, flagging selected issues that would require reconsideration in the legislative process leading to new EU procurement rules, regardless of the choice of legal instrument. The submission is by no means comprehensive and has focused on those issues that are either most problematic, or that would require significant development.
The full text of the submission is available here. Comments most welcome, as always.