Modernising Public Procurement

Treumer, Steen; Comba, Mario Eugenio

doi:10.4337/9781788114547

Cited by 6 publications

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“…The new directive was transposed with The Public Contracts Regulations in 2015, which was accompanied by an explanatory memorandum. Unfortunately, the latter was lacking discussions on substantive issues and unable to provide interpretive support (Treumer, 2018). Concerning the sectors of major use, instead, as anticipated before the UK has a significative tradition of PP/PFIs and, just as France, the competitive dialogue in the UK has been used mostly in the sectors of general public services (401 contracts awarded) and health (225 contracts awarded), followed by education sector (140 contracts awarded) and by the housing and community amenities’ sector (72 contracts awarded).…”

Section: The Main Users Of Competitive Dialogue In Europementioning

confidence: 99%

Competitive dialogue: an economic and legal assessment

Buccino¹,

Iossa

Raganelli

et al. 2020

JOPP

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Purpose The purpose of this paper is to discuss the economic and legal rationale for the use of the competitive dialogue in complex procurement. The authors use the data set of public contracts awarded by European Union (EU) member states between 2010 and 2017 to analyse its usage patterns. In particular, the authors identify the types of contracting authorities that mainly use the procedure, the sectors and contract characteristics and the role of institutional factors related to the country’s perceived corruption and level of innovativeness. Design/methodology/approach The authors discuss economic and legal issues in the use of the competitive dialogue. The authors use a data set of public contracts awarded by EU member states, published on the EU’s public procurement portal Tenders Electronic Daily (TED) to analyse usage patterns and explore the types of contracting authorities that use the procedure, the sectors and type of tenders. The data covers a sample of 1.242.090 observations, which relates to all the contract award notices published on TED in the period 2010-2017 for all the 28 European member states. A probit model is used as a methodology. Findings The empirical analysis reveals that the use of competitive value is greater for larger value contracts, for national rather than local authorities, for the supply of other manufactured products and machinery; for research and development and business, as well as information technology services; and for construction works. The level of perceived corruption and the gross domestic product/capita do not have explanatory power in the use of the procedure, whilst a country’s degree of innovativeness, as measured by the global innovation index, positively affects the probability of adopting the procedure. A decreasing trend in the use of competitive dialogue over time is observed. Research limitations/implications In conclusion, the countries examined benefited from a long tradition of public–private partnerships (PPPs) and from a transposition of the 2004 directive, able to provide an inclusive interpretation of complexity, and therefore, stimulate the adoption of the competitive dialogue in different sectors. Conversely, the countries, which postponed a concrete transposition and the overcoming of the confusing concept of complexity, limited the scope for the application of competitive dialogue, relying on the easier alternative: the negotiated procedure. Those circumstances lead to visible difficulties in stimulating the adoption of the procedure even in the traditional sectors; indeed, only with the new directive’s provisions a slight change in the trend can be seen. Practical implications To foster the use of the competitive dialogue in countries that have so far used it to a limited extent is important to improve upon the definition of complexity and learn from the experience of the top usage countries, as identified in the analysis. Social implications Helping the use of the procedure may facilitate the procurement of complex contracts such as PPPs, and thus, ease the building and management of public infrastructures for the provision of public services. Originality/value The authors are not aware of previous studies that have used the TED data set and studied the law in a number of European countries so as to understand the usage patterns for the competitive dialogue.

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Section: The Main Users Of Competitive Dialogue In Europementioning

confidence: 99%

Competitive dialogue: an economic and legal assessment

Buccino¹,

Iossa

Raganelli

et al. 2020

JOPP

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Public Procurement for the Circular Economy: a Comparative Study of Sweden and Spain

2022

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This article examines the relationship between circular economy and public procurement by regarding green procurement as an enabler for the transition from sustainable to circular public procurement. Considering the different green procurement uptakes under the common legal framework of the European Union, and particularly, the contrasting practice results of Spain and Sweden and the opposed legal configuration of their procurement Acts, a comparative law study of the exclusion of suppliers, awarding criteria and special conditions of performance’s Articles is conducted.

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Modernising Public Procurement

Cited by 6 publications

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Competitive dialogue: an economic and legal assessment

Competitive dialogue: an economic and legal assessment

Public Procurement for the Circular Economy: a Comparative Study of Sweden and Spain

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