1.Sustainable Contract Performance

Ezgi’s research examines sustainability clauses in public procurement contracts, focusing on achieving sustainable contract performance. She uncovers the limits of contract law and investigates monitoring and enforcement practices to facilitate the integration of sustainable practices within procurement processes. Her research endeavours to identify legal strategies and tools to ensure that the performance of the contract aligns with the promises made, thereby contributing to broader sustainability goals.

This working paper explores sustainable contract performance. A central aspect of this examination is the imperative for sustainability clauses to be actively followed up by contracting authorities to ensure their realization.

2. Abstract

The principles of procurement underscore compliance with advertised criteria and conditions during the award phase under the Public Sector Directive. The rules on contract modifications, extending these principles to contract performance to a limited extent, warrant a need for compliance not only during the award phase but also during performance. With the recent CJEU case law regarding the application of Article 72 of the Directive, it could be argued contracting authorities should take pre-emptive measures to prevent tacit contract changes. This obligation becomes even more pronounced when green and social conditions are incorporated. Unlike tangible aspects of contract performance, such as delivery timelines or material quality, sustainability considerations may not be immediately observable. In light of these considerations, contracting authorities bear a significant responsibility in ensuring the effective implementation of sustainability commitments throughout the lifecycle of public contracts. While the Public Sector Directive primarily focuses on regulating contract award rather than performance, sustainability clauses necessitate a shift in perspective towards proactive monitoring of contract performance.