New comparative report on separate operational units is out

Kirsi-Maria Halonen has written an excellent report for the Swedish Competition Authority on the the issue of separate operational units and how they work in different jurisdictions:

In Swedish legal literature the definitions of contracting authorities and separate operational units have often been misunderstood to be synonyms. It has been submitted that in the context of public procurement rules these separate operational units would also be separate contracting authorities. This approach seems to be contradictory to the European Commission’s views as well as views presented in the Swedish legislative proposal (Prop. 2015/16:195). According to the above- mentioned Commission’s policy guidelines the separate operational units are part of a contracting entity, not contracting entities as such. In addition, the wording of Art. 5 (2) of Directive 2014/24 clearly states that units are not contracting authorities but rather a part of it.

A difference between the concepts of a contracting authority and of a separate operational unit should be made - aggregation rules apply within the same contracting authority, but not among different contracting authorities unless such contracting authorities have decided to run a joint contract award procedure.

Full report available for download here.