Tests

Question 1

4 constraints or added required for criteria which have LtSM

Answer 1

1- no unlimited freedom of choice
2- ensure reasonable level of comp
3- effectively verifiable
4- no requirements on corp policies

Question 2

Incumbancy exclusion avoided iff

Answer 2

1- logisticslly easy
2- economical
3- didnt infringe incumbants rights

Question 3

Altmark (Safe Harbour) Criteria

Answer 3

1-PSOs clearly defined
2- compensation by O criteria
3- compensation = costs + reasonable profit - receipts
4- costs comparable to theoretical private sector

Question 4

Fountains of EU PPL 
1- TFEU
2- PSD
3- UD (6 related regs)
4- CD
5- DD
6- RD (3 RDs)
7- FIn Reg
8- comp law/state aid

Answer 4

x

Question 5

State aid test

Answer 5

1- govt finance
2- “econ advantage”
3- distort comp
4- affect trade b/t MS

Question 6

Nonbinding 4 part security interest exemption test

Answer 6

1- which nat. sec. interest threatened
2- connect b/t interest and procure?
3- why DD exempt needed for NS?
4- adverse to non-military comp?

Question 7

Helmut Muller (development agreement) 3 part test

Answer 7

1- main object of the contract is the public works, goods, services
2- agreement forces dude to provide main object (works)
3- other procurement requirements present (like thresholds)
Cantbe part of CAs extended duties - must be tied to specific gain (immediate economic benefit) from sale

Question 8

Concordia Bus test (for LTSM)

Answer 8

MEAT with,
1- link to subject matter,
2- no unrestricted freedom of choice, 
3- mentioned in contract docs
4- comply with Principles (esp. ND)

Question 9

Esg appropriate means test

Answer 9

can exclude for ESL/G violation if can prove by “any reasonable means”
(so ‘manifest error’ on EO’s side relies on unreasonable means)
Wednesday case for unreasonablenes

Question 10

conviction by final judgment standard

Answer 10

you are done. only self cleaning or prescription period can fix