| Abstract [eng] |
Application of Competitive Dialogue as a Procurement Method in Public-Private Sector Partnership Projects Competitive dialogue is considered to be one of the most popular private entity selection methods, which is applied for complex PPP procurement. This method is suitable when complex, especially lots of investment requiring PPP’s are being implemented, and the realization of the legal, financial and / or technical aspects of the PPP for public entity without prior consultation / carrying out dialogue with potential suppliers, is not as effective as it could be in consultation with the private market participants. Competitive dialogue differs from other procurement methods (which can also be applied to PPP projects) because of its flexibility, the ability to consult with market participants, who can offer much more efficient and less investment-intensive solutions. Evaluating the application of the competitive dialogue in perspective of its implementation, the competitive dialogue is extremely difficult, procedure that includes many stages in which each stage and action require the appropriate government entity's preparation and prediction of further actions. Competitive dialogue as a method of procurement in PPP projects is characterized by its flexibility; also it enables the effective communication between the public entity and a private entity in dialogue. Since during a competitive dialogue the public and private entities can reconcile the demands on the provided aspects of the proposal at an early stage, competitiveness is ensured between candidates during the whole process and proposals are evaluated in economically efficient manner, it can be said, that the competitive dialogue is an efficient method of procurement and it allows to achieve “value for money". On the other hand, in practice the effective implementation of a competitive dialogue is complicated by the length of the procedures, larger costs for preparations of proposal and the procedures enforcement, also the inability to adapt to the changing social, economic and legal conditions change (although the PPP contract is concluded for a long period of time), the fact that a government entity must anticipate the whole process at project’s development stage. In order to remove the identified problems of competitive dialogue application, it must be held that consideration of change of legal regulation, making the legislative changes, which allow at project drafting stage (drafting the investment plan, the project questionnaire) join private entities; also that consolidate the possibility of the parties to change the PPP contract due to changes of legal, financial, political and social conditions and to give the CPMA (similar to other European Union Member States other relevant authorities) more powers in relation to the PPP projects and the implementation of surveillance and control. |
