The Effectiveness of the Competitive Dialogue Procedure under the EU Consolidated Public Procurement Directive (2004/18/EC) as an Award Procedure for Public Private Partnerships

Author(s):  
D. Savvides
10.4335/81 ◽  
2009 ◽  
Vol 7 (2) ◽  
pp. 197-207
Author(s):  
Vesna Kranjc

Through the public procurement rules, protection of competition, equality of choice and transparency of the procedure in relationships between the public and private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public and private sectors cannot be subject to strict and formal rules on public procurement primarily due to the special nature of business operations, complexity and duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature and the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. KEYWORDS: • protection of competition • public-private partnership • concession • European Union


2020 ◽  
Vol 8 (3) ◽  
pp. 44
Author(s):  
Alexander Baranovsky ◽  
Nataliia Tkachenko ◽  
Vladimer Glonti ◽  
Valentyna Levchenko ◽  
Kateryna Bogatyrova ◽  
...  

Traditionally, public procurement has been associated with the measurement of achieving savings. However, recent research shows that the economic impact of public procurement is not limited only to savings, but by measuring the impact of four capitals—natural, human, social, and economic—on sustainable well-being over time. Ukraine is a country with a very low gross domestic product (GDP) per capita, which exacerbates the problem of the impact of public procurement results on the population’s welfare. Ukrainian public procurement legislation allows customers to apply non-price criteria (the share of non-price criteria cannot be more than 70%), which, together, are taken into account in the formula of the quoted price. The studies show that the effect of the use of non-price criteria depends on the relevance of the method of the evaluation of non-price criteria. The most important non-price criteria for Ukrainian customers by product categories and the methods of their evaluation are analyzed according to the Bi.prozorro.org analytics module. Therefore, it is concluded that the quoted price method, which is used in Ukrainian practice, is not relevant in comparison with the method used in the EU. A survey of the government buyers on the practice of applying non-price criteria was conducted, and the areas of their use were identified.


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