Special procurement procedures
A public-public arrangement and a public-private partnership are not the same procurement structure. In-house awards and cooperation between public bodies may qualify for specific exclusions; involving a private delivery partner normally requires a separate competitive assessment.
Test the proposed exclusion
For an in-house arrangement, examine control, the activity requirement and private capital participation. The parties’ public status alone is insufficient. For cooperation between public bodies, assess the distinct statutory conditions rather than reusing the in-house test. Document governance rights, activities and the actual service responsibilities.
Structure a public-private project
For a PPP, identify who designs, builds, finances, maintains and operates the asset. Determine whether the arrangement is a public contract or concession by analysing payment and operating risk. Procurement, budget, financing and asset issues need a coordinated timetable. A financing label does not determine the applicable award procedure.
Make lifecycle obligations measurable
Set performance outputs, availability measures, payment deductions, maintenance responsibilities and handback condition. Avoid transferring a risk that the supplier cannot price or manage without explaining the required assumptions. The evaluation should compare the proposed lifecycle commitment on a consistent basis, including the cost of finance where relevant.
Monitor the structure over time
Changes in ownership, activities or governance may affect the basis of an in-house arrangement. PPP changes can alter the original allocation of risk and value. Review proposed amendments before the parties commit to them, and keep the evidence supporting the continuing legal structure.
Three practical situations
- Two municipalities share a service: test the cooperation conditions instead of assuming public ownership is enough.
- A city awards to its controlled company: examine activity levels and governance rights.
- A private partner finances and operates a building: classify the arrangement by its economics and contractual obligations.
What to prepare for advice
Provide the proposed scope, estimated value, payment structure, intended timetable and the reasons for considering this route. If a procedure has already started, include the notice, all document versions and correspondence. We can then assess classification, procedural risk, contract terms and the available next steps together.
Official sources and further reading
Editorial review: 12 November 2026. Apply the rules and transitional provisions governing the start of the individual procedure.
Discuss your procurement project
Send the notice, tender documents, relevant correspondence and the next deadline. We assess the legal route, the work required and the proposed fee before taking further steps. For proceedings abroad, the scope of local-law advice and any involvement of local counsel are agreed for the specific matter.