(Choice of) award procedures

Steven Van Garsse

Chapter 10 in Reforming EU Public Procurement, 2026, pp 134-149 from Edward Elgar Publishing

Abstract: The 2014 EU Public Procurement Directive aimed to make public procurement more flexible, transparent, and accessible, especially for SMEs. It expanded the use of the competitive procedure with negotiation and the competitive dialogue, while emphasizing competition, transparency, and equal treatment. It also introduced the innovation partnership. Competitive dialogue and the competitive procedure with negotiation, though similar, serve distinct purposes and remain vital, especially for complex projects. The use of the negotiated procedure without prior publication remains highly exceptional due to risks of reduced competition and corruption. The innovation partnership has seen limited practical value, while pre-commercial procurement (PCP) has emerged as a more effective alternative. Challenges persist, including high administrative burdens and the need for professionalization of public buyers. The 2014 reform was a positive step, but further improvements are needed, including clearer procedural distinctions, better regulation of exceptional procedures, and integration of PCP into the legal framework to ensure legal certainty and effective innovation support.

Keywords: Competitive dialogue; Competitive procedure with negotiations; Precommercial procurement; Negotiated procedure; Innovation partnership competition (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
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