Competitive dialogue in EU law: a critical review

Arrowsmith, Sue; Treumer, Steen

doi:10.1017/cbo9781139152334.003

Cited by 11 publications

(13 citation statements)

References 5 publications

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“…The contracts that must be published are from all public bodies – central and local government, and also publicly funded bodies such as universities and, in some cases, utility companies. Further details on what institutions have to comply with the publication requirements are given in Arrowsmith (2009).…”

Section: Methodsmentioning

confidence: 99%

What do good governments actually do?: An analysis using European procurement data

Popa¹

2017

Eur. Pol. Sci. Rev.

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This article looks at what good and bad governments do when performing one of their most central functions, namely public procurement. Some 1.5 million public contracts from across Europe are analyzed through statistical models that compare contracting patterns between good- and poor-governance regions. At the most basic level, the results can be interpreted as a rejection of a conventional view of the relation between governance and institutional choices and outcomes. It isnotthe case that poorly governed jurisdictions allow more discretion to public officials, that they impose more limits on access to markets, or that they clearly feature more competition, and in fact the opposite often holds. Going beyond this negative finding, the article argues that an alternative view of institutional choice and its connection with governance, in which some discretion and flexibility is desirable, can provide a better explanation of observed patterns, and can have important implications for institutional design.

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Section: Methodsmentioning

confidence: 99%

What do good governments actually do?: An analysis using European procurement data

Popa¹

2017

Eur. Pol. Sci. Rev.

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“…CD was introduced in 2004 by the European Parliament for particularly complex public contracts (European Commission, 2006) with special concern for providing an improved method for awarding such contracts (Arrowsmith and Treumer, 2012). Its introduction could be regarded as evidence of public clients seeking to foster an increased level of collaboration (Plane and Green, 2012).…”

Section: Competitive Dialogue (Cd)mentioning

confidence: 99%

“…International research on CD seems to have mainly concentrated on its legal complexities and consequences, only a limited number of earlier studies have identified practical issues. For example, Arrowsmith and Treumer (2012) critically examine legal difficulties in the application of CD across Europe by describing grey areas and legal complexity. Nagelkerke et al (2008) compare CD with the negotiated procedure regarding room for flexibility.…”

Section: Earlier Studies and Practical Issues Of CDmentioning

confidence: 99%

Competitive Dialogue in Norwegian Public Infrastructure Projects

Wondimu

Lohne

Lædre

2018

J. Constr. Eng. Manage.

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Competitive dialogue (CD) is a relatively new procurement procedure introduced in 2004 by the European Parliament for particularly complex contracts. The Norwegian Public Roads Administration (NPRA) has limited experience with the procedure, but they are planning to use it in several future projects. Limited research was found concerning the practical issues of CD. This paper explores the experiences of Norwegian practitioners to identify such issues and suggests measures for the success of future projects using the procedure. In addition to a literature study, a document study and twenty-two semi-structured in-depth interviews with key informants from six cases selected from the Norwegian public infrastructure projects were carried out. Both the client and the suppliers value the potential of CD. However, several challenges were identified, such as lack of practical experience with CD, ethical challenges, determining the MEAT (Most Economically Advantageous Tender) criteria, evaluation based on the MEAT criteria, and varying market interest. This paper contributes to construction engineering and management practice to increase the understanding of CD by suggesting what kinds of measures ought to be taken for the success of future projects using the procedure. Keywords-Competitive dialogue; procurement procedure; public projects; innovation; early contractor involvement. Competitive dialogue (CD) is a relatively new procurement procedure introduced in 2004 by the European Parliament for particularly complex contracts (European Commission, 2006). It a procedure that can be used to engage suppliers in the early phase of a project to support innovation (Edler and Georghiou, 2007; Korthals Altes and Taşan-Kok, 2010). In Finland, for instance, public traffic infrastructure owners have developed an alliancing project delivery method based on CD in order to implement ECI (Lahdenperä, 2009). In the Netherlands, CD and BVP have been used as approaches to implement ECI in the public sector (Van Leeuwen, 2011; Lenferink et al., 2012). Van Leeuwen (2011) explains how it is possible to combine CD with BVP to establish a procurement procedure that prioritizes qualification over price. In sum, CD has been found to enable the market to suggest innovative solutions (Kautsch et al., 2015) through the early involvement of suppliers, and to establishing an innovative public client-supplier relationship (Essig and Batran, 2005). The Norwegian Public Roads Administration (NPRA) is currently planning a mega project, the E39 Coastal Highway Route along the west coast of Norway. The project cost is estimated to be approximately 40 billion U.S. dollars. One of the main ambitions of the project is to make the E39 ferry free by replacing the eight ferry services crossing the major fjords with bridges and submerged tunnels. The fjords are up to 1,300 meters deep and 7,500 meters wide. As a consequence of the technical challenges involved, the NPRA needs to bring suppliers' knowledge and experience into the project to boost innovation. The NP...

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“…It was introduced to provide an improved method for awarding complex public contracts (Arrowsmith and Treumer 2012). It is also intended to give public clients a flexible procurement procedure to enable a dialogue concerning all aspects of the contract with several competitors.…”

Section: Competitive Dialogue (Cd)mentioning

confidence: 99%

A Comparison of Competitive Dialogue and Best Value Procurement

Wondimu¹,

Klakegg²,

Lædre³

et al. 2018

26th Annual Conference of the International Group for Lean Construction

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Competitive Dialogue (CD) and Best Value Procurement (BVP) are two different approaches to early contractor involvement (ECI) in public projects. However, it is not clear which approach is best suited for what kind of project situations, and which is better for implementing lean in public procurement. The purpose of this paper is to explore the similarities and differences of these approaches to develop recommendations for how to match approach with project situations. In addition to literature study, two large infrastructure projects were studied through 12 in-depth semi-structured interviews and review of documents. The findings from this study indicate that the two approaches have several similarities; e.g., both give a better result when they are used together with a design-build contract than design-bid-build contract, and they give clients possibilities to meet suppliers and clarify projects before contract signing. However, they also have a number of differences such as the number of competitors that develop a project and a supplier selection premises varies. The study concludes that BVP is a moreeffective procurement process than CD as regards procurement phase. However, CD gives more room for the clients to influence supplier solutions than BVP.

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Competitive dialogue in EU law: a critical review

Cited by 11 publications

References 5 publications

What do good governments actually do?: An analysis using European procurement data

What do good governments actually do?: An analysis using European procurement data

Competitive Dialogue in Norwegian Public Infrastructure Projects

A Comparison of Competitive Dialogue and Best Value Procurement

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