ABSTRACT

A key tenant of the economics view about the procurement of contracts regards the key role played by the job complexity. The assessment of renegotiations depends on whether they emerge as an intrinsic element of a complex contract that had been properly specified in terms of incentives and awarding methods or as a perverse outcome resulting from incorrectly chosen contract types and awarding procedures. Contracting entities require a procurement law that allows them to achieve the objective of value for money. This normally requires a framework facilitating competition between economic operators bidding for public contracts. Competition in turn requires transparency so that contract opportunities are widely known and procurement conditions understood and sufficiently trusted to create interest. EU procurement law allows modifications to awarded contracts as long as the amendments to that contract do not constitute a new award. Even the procurement of a standardized 'off-the-shelf' product or a routine work may require 'modification' after the public contract is awarded.