PPPs as public contracts

23. Shares the Commission's view that in the award of public construction or service contracts, the selection and commissioning of the private partner should as a matter of principle be governed by the public procurement directives if that selection and the award of the contract are concurrent;

24. Takes the view that the public body must be able to choose between the open and the restricted procedure;

25. Takes the view that on grounds of transparency, the negotiated procedure should be confined to those exceptional cases which are provided for in the relevant provisions of the public procurement directives;

26. Favours, on the grounds of flexibility, awarding contracts by means of a competitive dialogue where a contract entails 'legal and financial complexity', and calls on the Commission to clarify the condition of 'legal and financial complexity' in such a way as to allow the maximum possible room for negotiation; takes the view that legal and financial complexity can be assumed to be present where typical PPP features such as a life-cycle concept and a long-term transfer of risk to private operators are present; takes the view that in a competitive dialogue procedure the risk of confidential information being published outside the procedure must be eliminated;