CONTRACT LAW: MAIN DIFFERENCES BETWEEN COMMON BIDDING AND PUBLIC-PRIVATE PARTNERSHIPS (PPPs)

Abstract

Public-private partnerships (PPPs) are an instrument for linking private capital, which is materialized in a contract between a state entity and a natural or legal person under private law, for the provision of public goods and respective services. Bidding is the contracting procedure in which, by means of a unilateral declaration of will contained in the notice, the State undertakes to enter a contract for the acquisition of a good or service. These types of contracts are extremely important and serve to generate public confidence in the correct management of resources available to the State, and this is more important than avoiding the increasing amount of time in the “urgent” meeting of a public need. Given the above, the research aimed to identify the main differences between common tenders and the PPPs. The specific objectives of this work were: to talk about Public Bidding; punctuate some notes on the "new" Brazilian law on bidding and administrative contracts; address the background and conceptual structure of PPPs; and, finally, to present the main Differences between Common Tenders and PPPs. The methodology applied in this study was bibliographic research. Through the investigated authors, it was possible to achieve the objectives outlined in the work. It was concluded that the main difference between a common tender and a PPP is that in the first, this value comes entirely from the users, whereas in the second, the government must pay at least a portion of the costs.