Legal Instruments How to Involve End User Or Public in the Public Procurement Contract Adaptation to Future Needs

Abstract

For procurement items with a long life cycle, it is very important to be able to achieve the efficiency of the result not only at the moment of acceptance of the performance, but also during its entire life cycle. Because in such a changing and dynamic development of the world, as it is now, it is impossible today to accurately predict the needs of the future consumer, or society. Thus, to ensure efficiency, it is essential that the customer has the opportunity to impact the execution of the contract not only during the procurement planning phase, but also during the life cycle of the procurement item. It is even more important not only in the procurement planning phase, but also during its implementation to ensure compliance of the performance with the needs and interests of the existing end users, or society. In practice, various ways are used to influence or amend the direction of execution of a civil contract, depending on whether the traditional public procurement or the Public-Private partnership (hereinafter - PPP) procedure is applied. The purpose of the study is to reveal the practical and legal aspects of how the end user, or society, can be involved in decision-making related to changes or additional works necessary for the effectiveness of the contract, thus ensuring their compliance with real-time needs. Methods/Approach The methodology of the research includes a conceptual research using the critical literature review, analysis of normative, evaluation of the dominant consensus, synthesis of possible solutions to legal and practical shortcomings of end user involvement in public resources spending procedures. Results: Authors come to conclusion that the involvement of the public through NGOs is essential so that its interests are taken into account throughout the procurement subject during the life cycle and it would also be possible to introduce innovations based on the needs of the society throughout the contract execution period. Reasonable way how to involve the end user (society) as a participant during whole life cycle of public procurement contract for to be able to contract adaptation for future needs could be PPP based on QHC - where institutional partnership includes NGO as representative of society.