News

BOOKS PUBLISHED

Competitive Dialogue – A practical guide by Michael Burnett (with Martin Oder) – January 2010

Competitive Dialogue was created by the 2004 Public Procurement Directives as a new and more flexible solution for public authorities wanting to award contracts for complex infrastructure projects.

Some predicted that it might be used only rarely and others saw problems in applying it effectively to obtain value for money for the public sector. But it is now firmly established in Europe as a means of awarding public contracts, with now more than 4000 award procedures launched.

Yet objective advice for decision makers on when and how to use Competitive Dialogue effectively is hard to find. Cutting through the jargon and the misconceptions, this book is an independent guide for those at all levels in Europe facing these challenges.

Different approaches have been used in applying Competitive Dialogue, in particular for the conduct of the dialogue phase and in the interpretation of what can be done in the post tender phase. But not all methods have proved to be equally effective in promoting value for money for the public sector. After assessing the different approaches used so far, the authors now conclude there are clear trends in how to implement Competitive Dialogue more effectively.

Written from a public sector perspective, this book has two main audiences in mind, ie:
• European decision makers responsible for creating and implementing an appropriate legal framework at EU level for Competitive Dialogue
• Politicians, public officials and their professional advisers in EU Member States currently facing choices about when and how to use Competitive Dialogue in a way which provides both legal certainty and maximises the likelihood of achieving value for money.

After an explanation and analysis of legal framework for Competitive Dialogue, the book sets out how Competitive Dialogue emerged, how it compares to the Negotiated Procedure, the legal challenges in applying Competitive Dialogue, when it is appropriate to use it and where it is being used in the EU. Successive chapters then analyse the key issues arising in the implementation of Competitive Dialogue at each stage of the process and how they should be addressed.

Finally, the book draws together the key conclusions for the future use of Competitive Dialogue and the actions needed to implement them at EU and national level. Taken together, they add up to an agenda for the future effective use of Competitive Dialogue.

The stakes in terms of the need to improve Europe’s infrastructure and the effective implementation of key European policies, such as compliance with environmental legislation and the completion of the Internal Market, at an affordable cost are too high for it to fail.

Available now from EIPA’s bookshop (€120)- http://publications.eipa.eu

Public-Private Partnerships (PPP) – A decision maker’s guide by Michael Burnett (September 2007)

The way PPP are often implemented is in need of reform. The main needs are to increase legal certainty and the transparency and competitiveness of PPP procurement processes and to develop an approach which better fits the needs of the public sector for value for money.

Yet objective advice for decision makers on when and how to use PPP effectively and how to create the right policy, legal and operational framework is hard to find. Cutting through the jargon and the misconceptions, this book is an independent guide for those facing these challenges at all levels in Europe. In particular, it aims to move beyond the mindset in which PPP is used as the default option for public investment projects without a pragmatic and rigorous assessment on a case by case basis.

Written from a public sector perspective, this book has two main audiences in mind, ie:
European decision makers responsible for creating an appropriate legal framework at EU level for PPP and wanting to understand the impact of European policy decisions on how PPP are used to implement them
Politicians and senior public officials at national level currently facing choices about when and how to use PPP and also how to remove administrative and legal barriers to using them.

After an introduction which explains what PPP are and how and why they have emerged, successive chapters deal with the management of a national PPP programme, an analysis of the policy, legal and operational framework for PPP (including how private sector suppliers and financiers view PPP) and how and why auditors should play a key role in ensuring the effective implementation of PPP.

Finally, the book includes recommendations to improve the future use of PPP, aimed at better legislation, more effective policy making, more effective implementation of PPP and an enhanced role for auditors as the guardians of value for money.

The recommendations add up to an agenda for reforming the implementation of PPP in Europe. It is an agenda which will need political will both at national and European level to implement, but it is one which, as the author argues, needs to be implemented to secure the future of PPP as an option available to policy makers responsible for delivering public services.

Available now from EIPA’s bookshop (€60)- http://publications.eipa.eu


EIPA PPP ACTIVITIES IN 2012

Public-Private Partnerships (PPP) – Practitioners’ Workshop, EIPA, Maastricht (NL), 28-29 March 2012
“Appraising, prioritising and procuring public investment projects in practice – what are the options? - PPP v conventional procurement”

This practitioners’ workshop is aimed at public officials responsible for identifying, developing, appraising, prioritising and procuring public investment projects. It will provide practical guidance on the four key questions crucial to choices about investment projects ie:
• How do you decide if a proposed public investment project is financially viable and/or economically beneficial (using cost- benefit analysis)?
• How do you select priorities between those public investment projects which meet the minimum criteria for being financially viable and/or economically beneficial?
• How do you decide if PPP is the right way to implement the projects identified as priority projects as compared to other options?
• How should you plan and implement the procurement process for complex investment projects?

The seminar will address financial, economic, legal and management capacity considerations of often high profile and politically sensitive decisions. The structure follows the decision making process for public investment projects and will be based on presentations and workshops, with an emphasis on a high level of interactivity.


Public-Private Partnerships (PPP) – Practitioners’ Workshop, EIPA Maastricht (NL), 13-14 November 2012
“Using EU Structural and Cohesion Funds effectively in PPP - Challenges and opportunities”

This practitioners’ workshop aims to present and assess the current and future role of public-private partnerships in modernising EU infrastructure and delivering public services and the role of EU structural funds in supporting this process. It will then highlight the different procedures to be followed in awarding PPP contracts and in securing the EU co-finance, highlighting the key issues to be addressed in blending them together to deliver a project.

The workshop will address economic, financial, operational and legal considerations and the aim will be to use experience to date as a means of developing a common assessment of the risks, challenges and opportunities arising from the use of EU Structural Funds for PPP projects. It will draw together experience of a range of countries and sectors and of the European institutions.


Competitive Dialogue and Negotiated Procedures Master Class, EIPA, Maastricht (NL), 4-5 October 2012

This third Master Class is intended for public officials with a good understanding of public procurement issues aiming to improve knowledge/skills in Competitive Dialogue and Negotiated Procedures and to discuss practical issues relevant to procurements in progress/about to be launched using Competitive Dialogue. Participant numbers are limited to maximum 15 to facilitate discussion and maximise learning benefits from exchange of experiences.


The workshop is led by Michael Burnett and Martin Oder, co-authors of “Competitive Dialogue – A practical guide”, and participants attending this Master Class will receive a copy of the book as part of the Master Class documentation


Seminar – Concessions, EIPA, Maastricht (NL), 13-14 September 2012
“The new European rules on concessions – What will they mean in practice?”

This seminar will explain the new rules for the award of concessions proposed in the European
Commission’s legislative initiative. It will also consider how they can be applied and what they mean for Contracting Authorities awarding concessions for the delivery of public services and to assess how and to what extent they address current issues in awarding such concessions.