Daniel Pezzutti Ribeiro Teixeira

Sustainable Public Procurement in Brazil: results,

challenges and perspectives

Dublin, August 15th. 2014

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

 

 

 

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

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

Qualitative analysis of sustainable public procurement notices

•  Contracted object

• Bidder certification

• Judgment of the proposals

• Duties of the contracted party

Quantitative analysis of sustainable public procurement notices

•  Predominance of the “auction” mode in sustainable public

 

 

Quantitative analysis of sustainable public procurement notices

•  Dispersion of the values of sustainable public procurement

 

 

   

 

   

 

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

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

Quantitative analysis of sustainable public procurement notices

•  Governments´s procurement power is directed at few markets

Quantitative analysis of sustainable public procurement notices

•  Higher presence of determined goods in sustainable tenders does not mean highest

percentage in value

Quantitative analysis of sustainable public procurement notices

•  Participation of different types of companies in sustainable public procurement

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!

l