Competitive dialog: comparative analysis of the Institute in the European Union and in Brazil

• Grant number: 17/23814-4
• Support type: Scholarships in Brazil - Scientific Initiation
• Effective date (Start): March 01, 2018
• Effective date (End): August 31, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Thiago Marrara de Matos
• Grantee: Celso de Almeida Afonso Neto
• Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

In 2004, under Directive 2004/18/EC, competitive dialogue as a bidding procedure was introduced under the pressure of the United Kingdom. After 2014, centrally, with Directive 24/2014/EU and the new tender discipline of each Member State, the competitive dialogue was reinforced as a bidding modality. In a nutshell, this modality is an alternative to solve demands in which the public administration is not able to define the object of the bid because of its technical, legal or financial complexity. The institute is the procedure in which the contracting authority conducts a dialogue with the candidates admitted in that procedure, receiving solutions from the individuals themselves, which also contribute to the definition of the object of the bid. In Brazil, there are already legislative initiatives to include the competitive dialogue on the list of bidding modalities, Senate Bill No. 559, 2013 and Bill 6.814/2017, which article 25, item VI, expressly provides for this new modality. Given this perspective, the present study seeks to solve the following questions: 1) what is the practical usefulness of competitive dialogue, especially considering the traditional modalities of bidding in the European Union? 2) What advantages, disadvantages and challenges has European law identified in the study? 3) In what way was the institute transplanted to the Brazilian bidding bill? 4) To what extent can European experience contribute to the improvement of complex public contracting in Brazil and vice versa? In order to respond to these inquiries, the study will use horizontal comparative methods as well as doctrinal research involving the following legal systems: (a) European Community law, especially Directive 24/2014/EU; b) Portuguese national law and c) Brazilian law, especially Senate Bill No. 559 of 2013 and Bill 6.814/2017. (AU)