The Implementation of the Discretion of the Contracting Authority while Terminating a Public Contract for a Material Breach
Articles
Deividas Soloveičik
Vilnius University, Lithuania
Published 2020-10-06
https://doi.org/10.15388/Teise.2020.116.4
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Keywords

public procurement
contracting authority
discretion
public contract
termination of the contract

How to Cite

Soloveičik D. (2020) “The Implementation of the Discretion of the Contracting Authority while Terminating a Public Contract for a Material Breach”, Teisė, 1160, pp. 51-71. doi: 10.15388/Teise.2020.116.4.

Abstract

This publication is a scholarly research on two separate yet interconnected legal categories: the discretion of the contracting authorities in public procurement and their right to use a unilateral termination of the public contract for the material breach as a remedy. The author hereby contends that there is a two-phase test which must be used in each case when the question of discretion arises. Moreover, the author believes that the latter cognitive tool must be implemented during the both at the time of the procurement procedures and amid the execution of the public contract. The author also argues that the provisions of the Civil Code must not be solely referred to in cases of termination of a public contract and that the procurement principles must always be deployed alongside to make a rational decision regarding the exit of the public contract.

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