Small- and medium sized enterprises (SMEs) are considered to be the backbone of EU economy, accounting for 99% of all enterprises. For that reason, EU Directive 2014/24/EU states that contracting authorities may divide contracts into lots but should they choose not to divide the contract, valid reasons for this decision must always be indicated in the contract notice. In the US, the rules are much more specific, i.a. the current government-wide goal for SMEs’ share of contracting dollars is 23%. On this basis, the project will examine whether there are any “lessons to be learned” from American law.
The project will be conducted as desk top study of legal texts, policy documents and literature combined with discussions with American colleagues. The research will be conducted on the basis of the legal doctrinal method (de lege lata) as well as the comparative method, which should result in a determination of how the EU law ought to be (de lege feranda).