The competitive dialogue procedure: Advantages, disadvantages, and its implementation into English and Dutch law

Competitive Dialogue (CD) is a new contract award procedure of the European Community (EC). It is set out in Article 29 of the 'Public Sector Directive' 2004/18/EC. Over the last decades, projects were becoming more and more complex, and the existing EC procedures were no longer suitable to procure those projects. The call for a new procedure resulted in CD. This paper describes how the Directive has been implemented into the laws of two member states: the UK and the Netherlands. In order to implement the Directive, both lawmakers have set up a new and distinct piece of legislation. In each case, large parts of the Directive’s content have been repeated ‘word for word’; only minor parts have been reworded and/or restructured. In the next part of the paper, the CD procedure is examined in different respects. First, an overview is given on the different EC contract award procedures (open, restricted, negotiated, CD) and awarding methods (lowest price and Most Economically Advantageous Tender, MEAT). Second, the applicability of CD is described: Among other limitations, CD can only be applied to public contracts for works, supplies, and services, and this scope of application is further restricted by the exclusion of certain contract types. One such exclusion concerns services concessions. This means that PPP contracts which are set up as services concessions cannot be awarded by CD. The last two parts of the paper pertain to the main features of the CD procedure – from ‘contract notice’ to ‘contract award’ – and the advantages and disadvantages of the procedure. One advantage is that the dialogue allows the complexity of the project to be disentangled and clarified. Other advantages are the stimulation of innovation and creativity. These advantages are set against the procedure’s disadvantages, which include high transaction costs and a perceived hindrance of innovation (due to an ambiguity between transparency and fair competition). It is concluded that all advantages and disadvantages are related to one of three elements: communication, competition, and/or structure of the procedure. Further research is needed to find out how these elements are related.

'Public Sculpture (The Social)' 2010

Commisssioned by Frieze Art for the Frieze Sculpture Park The project presents the image of a sculpture as a sculpture, installed in the form of a large scale digital print on vinyl stretched over a 14 x 28ft (4.2 x 8.4m) stretcher supported by a scaffolding structure. The image itself depicts a futuristic public sculpture, an ‘impossible’ artwork, referencing Ballard’s descriptions in his book ‘Vermillion Sands’. The work also draws upon examples of rococo ornamentation and the compositional conventions of ‘images of sculpture’ (in art magazines, catalogues, publicity photos) including examples sited in Regents park in previous years. Technical details: The image is printed on vinyl, stretched over a 14 x 28ft (4.2 x 8.4m) wooden stretcher and fixed to a deep buttressed scaffold 8m long by 6.23 deep with IBC water tanks on the back edge as kentledge (4 x I tonne IVC water containers - 1 per bay). The structure is constructed from clean silver Layher system scaffold and wrapped by a dense black mesh netting.

Can objects perform?: agency and thingliness in contemporary sculpture and installation

In his 1967 essay, “Art and Objecthood”, Michael Fried bemoaned the theatricality of minimalist sculpture, which replaced the presentness of compositional sculpture with the staging of an experience for the viewer as performer. His argument has since been inverted by artists and art writers invested in the idea of sculptures as props forming part of an artistic experience economy. This discourse has accompanied the rise of relational aesthetics as a dominant paradigm for contemporary art. More recently, however, there has been a turn away from relationality to ‘object-oriented’ art, where objects are seen to stage their own theatrical experiences, performing themselves without requiring the activation of a viewer’s body. We trace parallels between the philosophy of Bruno Latour and the “Speculative Materialism” group and this emerging trend in sculpture. In ascribing agency to objects, Latour proposes a radical shift from philosophy’s traditional investigation of the relationship between the mind and the world. Drawn to the idea that matter can be creative, artists have embraced his thinking. However, we argue that this has lead to a generalized, universalizing humanism that disables political action. Moreover, it undermines the potential for anti-humanist critique latent in object-oriented philosophy.

Evidence for insertional codemixing: mixed compounds and French nominal groups in Brussels Dutch

In this paper we analyse mixed compounds, such as legume+winkel ‘vegetable shop, greengrocery’ and winter+paletot ‘winter coat’ which contain a French and a Dutch element, and French nominal groups, such as carte d’identité ‘identity card’, and journal parlé ‘radio news’, which bilingual speakers from Brussels frequently insert into Brussels Dutch utterances. Using Muysken’s (2000) typology of bilingual speech, we claim that the mixed compounds and the nominal groups display the characteristics of insertional code-mixing. In addition, some evidence for the existence of a continuum between borrowing and code-switching can be obtained from these examples. As the multimorphemic units that are inserted into Dutch are neither single words, nor full constituents, their status in the lexicon raises interesting issues for researchers interested in the interface between syntax and the lexicon (see also Backus 2003). We try to argue that nominal groups such as carte d’identité and journal parlé are probably best seen as lexical templates or constructional idioms (Booij, 2002b). The insertion of French constructional idioms in Brussels Dutch represents an innovation in the lexical patterns that are available to speakers of this language, which is highly relevant for theories of language change.