2.44 The EU Public Procurement Directives covering procurement of Works specify values of contracts above which contracts should be advertised in the EU Journal. It is possible, therefore, that capital works funded by public authority capital and exceeding the EU Works Directive's threshold, should be advertised and subject to the requirements of the Directive. However, in many cases, changes involving the construction of an additional asset inside an existing PFI facility can be interpreted as "changes to service" and the associated capital works are only a means to achieving that change. Authorities should seek advice on this issue from the Operational Taskforce or their legal advisors.
In any case, even if there is no requirement to follow the procedures set out in the EU Procurement Directives, the principles of fair and open competition and transparency should still apply. SPVs should be required to present proposals to the authority on how they intend to ensure that fair and effective competition. Authorities should ensure that SPVs comply with the general principles of transparency and equal treatment.