20140815 sustainable public procurement in brazil final version
1. Daniel Pezzutti Ribeiro Teixeira
Sustainable Public Procurement in Brazil: results,
challenges and perspectives
Dublin, August 15th. 2014
2. Agenda
- The research
- Law 12.349/2010 and Decree 7.746/2012: “sustainable national development”
- Qualitative analysis of sustainable public procurement notices
- Quantitative analysis of sustainable public procurement notices
- Conclusion
3. The research
• The Center for Applied Legal Research of the Law School of Sao Paulo of the FGV
• Map the dynamics of sustainable public procurement
• Sample Analysis
4. Law 12.349/2010 and Decree 7.746/2012: “sustainable national
development”
• Value for money
• Law 12.349/2010: a code of conduct to benefit the preference margin
(up to 25%)
• Decree 7.746/2012: CISAP
• Sustainable public procurement as a discretionary option
5. Qualitative analysis of sustainable public procurement notices
• Contracted object
• Bidder certification
• Judgment of the proposals
• Duties of the contracted party
6. Quantitative analysis of sustainable public procurement notices
• Predominance of the “auction” mode in sustainable public
7. Quantitative analysis of sustainable public procurement notices
• Dispersion of the values of sustainable public procurement
8. Quantitative analysis of sustainable public procurement notices
• The relation between increases in values incurred with sustainable public procurement
and growth in quantity of sustainable procurements
9. Quantitative analysis of sustainable public procurement notices
• The practice of sustainable tenders is concentrated on a small number of goods
and growth in quantity of sustainable procurements
10. Quantitative analysis of sustainable public procurement notices
• Governments´s procurement power is directed at few markets
11. Quantitative analysis of sustainable public procurement notices
• Higher presence of determined goods in sustainable tenders does not mean highest
percentage in value
12. Quantitative analysis of sustainable public procurement notices
• Participation of different types of companies in sustainable public procurement
13. Conclusion
• Great part of the notices are restricted to environmental issues.
• The preference to micro and small companies has not fulfill the principle of sustainability.
• Legal discipline: less laws and more regulations.
• The experience in Brazil is still incipient, but not insignificant.
THANK YOU!
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