The needs in public procurement: legal obligation or a bet to protect public money?

Abstract

Controlling the identification of needs is a key mechanism to ensure the rational use of public funds and meet the objectives of public contracts. This mechanism serves as a tool for implementing national and local development plans, aligning with financial provisions within the state budget. However, a lack of precision in identifying needs during the planning phase of a public deal can lead to deviations from its intended scope. Such deviations may surface as frequent amendments to the deal's terms or as additional public contracts to address the initially misestimated needs.

This imprecision not only necessitates repetitive financial re-evaluations but also disrupts the execution of public contracts, potentially resulting in inefficiencies and waste of public funds. Thus, careful planning and accurate need assessment from the outset are crucial to protect public funds, ensuring that public demand is met effectively without unnecessary financial strain.