The lots in the future regulation of the public procurement
New obligation of allotment!
The law of June 17th 2016 on public procurements will henceforth require the contracting authorities to divide into lots the contracts with an estimated value equal to or greater than EUR 135.000 excluding VAT, unless the contracting authority mentions, in the contract documents, the main justifications for which this division is not possible. Such a justification could, for example, be based upon the fact that the market is intended for services which are not, by their nature, subject to be divided into different lots.
Consequently, the allotment will become, in the near future, the "norm", to enhance competition by making markets more widely accessible to SMEs.
Therefore, it remains to be examined how the contracting authorities will implement this obligation, given that the regulation does not impose, on the other hand, any minimum amount for each of the lots. Maybe with a "consolation prize"?
Associated areas of specialisation: Public procurement and PPP