On November 16 Treasury issued the Resolution 465 “for which it is approved the GUIDE FOR THE DESIGN AND MANAGEMENT OF THE BIDDING PROCESS THROUGH COMPETITIVE DIALOGUE”
The consultation procedure and reception of proposals for improvements, additions or adjustments to the Bidding Terms and Conditions or to the Proforma of the Contract of a Public-Private Participation Project (PPP) also called “Competitive Dialogue” is contemplated in art. 44 of Decree 4183/2020 that regulates Law 5102/2013 (PPP Law).
In this sense, the Competitive Dialogue should be regulated by the Contracting Administration in conjunction with the General Directorate of Public Investment under the Undersecretary of State for the Economy of the Ministry of Finance, in accordance with the last section of art. 44 of Decree 4183/2020.
The Competitive Dialogue procedure should not be seen as an isolated issue, since every bidding process, apart from being a continuous reality, requires appropriate communication between bidders and the Public Authority that contracts it. This is a necessity in large-scale works that are satisfied through PPP Projects.
The document approved via Resolution 465 of November 16 defines basic guidelines and proposes recommendations on the contracting process within the framework of a PPP. Bids with a Competitive Dialogue phase are distinguished from other bidding processes in that said phase is intended to enable and streamline, in an organized, structured and (most importantly) regulated manner, the presentation of proposals for improvement, adjustments or modifications to the Specifications and Conditions and the Proforma of the Contract contained therein, on behalf of the different prequalified. It is important to note that the proposals for improvement or modifications by the prequalified are not binding on the Contracting Entity. The aforementioned guide thus considers the Competitive Dialogue as the opportunity for participants to present their proposals for improving the tender documents.
However, the Competitive Dialogue procedure is not destined to any offerer, but only to the prequalified offerer, in virtue once again to the Article 44 of Decree 4183/2020.
This Guide on Competitive Dialogue in PPP Project tenders is the normative consecration of a healthy and lawful collaboration between the private sector and the public sector in order to develop an optimal PPP Project and a bankable PPP Contract.
For more information please address to Martín Carlevaro: martin.carlevaro@berke.com.py and/or Pedro Lacasa: Pedro.Lacasa@berke.com.py.
