Public contracts and the possibilities for manoeuvrability

An important feature of EU public procurement law is the need for continuity between the procurement procedure and the execution of the contract. This is particularly expressed by the prohibition on material amendments. This prohibition is regularly perceived as a straitjacket by contracting authorities that seek to foster manoeuvrability. Given the large societal challenges and corresponding complex projects, the extent to which this perception is justified, is an important question to consider. Highlighting some aspects from his PhD thesis on the concept of material amendments in EU public procurement law, the author argues that Article 72 Directive 2014/24/EU allows considerable room for manoeuvrability, but also leaves some important questions unanswered. After that, options and the use of the negotiated procedure without prior publication for awarding similar works and services are compared.