Partnership and collaborative contracting in the procurement of public construction works projects in the EU and in Poland

Abstract

PURPOSE: The purpose of the paper is to present some findings as to the promotion and inclusion in the EU and Polish public procurement laws applicable to the delivery of large public construction works and infrastructural projects, approaches and solutions proposed by concepts of public-private partnership (PPP) and collaborative contracting (CC).

DESIGN/METHODOLOGY/APPROACH: Institutional approach. Basic research questions are: (1) how and to what extent the key approaches and solutions proposed by the partnership and collaborative contracting concepts are promoted and reflected in the EU and Polish public procurement law, (2) how the performance of public procurement systems in the EU Member States is currently measured and if it takes into account the promotion of partnership and collaborative contracting criteria.

FINDINGS: Regulatory approaches and solutions proposed by the partnership and collaborative contracting concepts are to a considerable extent promoted and reflected in the EU and Polish public procurement law, however without compromising other important principles and criteria, such as promotion of fair competition or value for money. Single Market Scoreboard measures the performance of public procurement systems using the limited number of formal evaluation criteria and indicators important in the contract formation phase.

PRACTICAL IMPLICATIONS: Promoting partnership and collaborative contracting in public procurement of construction works and infrastructure projects should not compromise fair competition and material criteria of value for money. Further studies are needed on the conditions of effectiveness of partnership and collaborative contracting in the construction works and infrastructure projects.

ORIGINALITY/VALUE: The article points to important problem of the poor performance of large public works and infrastructure projects and selected, potential institutional remedies to that problem, applicable at the project’ procurement stage.