Public Procurement Oversight and the Scourge of Corruption in the Public Sector: A Comparative Analysis of South Africa and Kenya

2021 ◽  
pp. 223-248
Author(s):  
Msuthukazi Makiva
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
Public Sector ◽  
Public Procurement ◽  
The Public

scholarly journals Las ofertas anormalmente bajas y el procedimiento abierto simplificado

2019 ◽  
pp. 477-499
Author(s):  
Jaime PINTOS SANTIAGO
Keyword(s):  
Comparative Analysis ◽  
Public Sector ◽  
Public Procurement ◽  
Practical Approach ◽  
The Public ◽  
Public Sector Managers ◽  
Simplified Procedures ◽  
Simplified Procedure

LABURPENA: Artikulu honek aztertzen du, plano konparatibo batean, Sektore Publikoko Kontratu Legearen testu bategina onartzen duen azaroaren 14ko 3/2011 Legegintzako Errege Dekretuaren 152. artikuluaren erregulazioa (hemendik aurrera SPKLRB), zentratuz lege berrian (9/2017 Legea, azaroaren 8koa, Sektore Publikoko Kontratuena) prozedura ireki sinplifikatuetan egiten diren eskaintza anormalki baxuegiei ematen zaie tratamenduan. Azterketa ikuspuntu praktiko batetik egin da, nahita, eta, ondorioez gain, aholkuak eskaintzen ditu, baita baldintza-agirietarako administrazio-klausulen ereduak ere, administrazio-kontratazioaren kudeatzaile publikoei aukera emateko gaur egungo erregulazioak planteatzen dituen arazoak konpontzeko (ebaluazioa, sailkapena eta, hala badagokio, prozedura ireki sinplifikatuetako zein beste kontratazio-prozeduretako eskaintza anormalak). ABSTRACT: The issue analyzed and studied in this work is the product of a comparative analysis of the former regulation as set out by section 152 of the Royal Legislative Decree 3/2011 of November 14th approving the restated text of the Public Procurement Act (hereinafter, TRLCSP), focusing on the processing of the abnormally low tenders in the framework of the open simplified procedures according to the wording of the new Act 9/2017 of November 8th, on the Public Sector Contracts. This study follows an intended practical approach that apart from conclusions gives recommendations and it likewise adds models of administrative clauses for the procurement specifications allowing public-sector managers that deal with public sector procurement to solve the problems that the current legislation raises regarding assessment, classification and the abnormality of the tenders submitted in an open simplified procedure and also in other public procurement procedures. RESUMEN: La cuestión que es objeto de análisis y estudio en este artículo proviene de un plano comparativo con la anterior regulación contenida en el ar tículo 152 del Real Decreto Legislativo 3/2011, de 14 de noviembre, por el que se aprueba el texto refundido de la Ley de Contratos del Sector Público (en adelante TRLCSP), centrándonos en el tratamiento de las ofertas anormalmente bajas en el procedimiento abierto simplificado conforme a la redacción contenida en la nueva Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público. El estudio tiene un pretendido enfoque práctico, que además de conclusiones aporta recomendaciones y suma asimismo modelos de cláusulas administrativas para los pliegos, permitiendo a los gestores públicos de la contratación administrativa solventar los problemas que la actual regulación conlleva respecto a la evaluación, clasificación y, en su caso, anormalidad de las ofertas planteadas en el procedimiento abierto simplificado y, también, en otros procedimientos de contratación.

Bid rigging in public procurement market according to the decisions of the President of the Office of Competition and Consumer Protection

2018 ◽  
Vol 5 (2) ◽  
pp. 161
Author(s):  
Konrad RÓŻOWICZ
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Consumer Protection ◽  
Design Research ◽  
Public Procurement ◽  
Appeal Chamber ◽  
Interesting Issue ◽  
Market Control ◽  
The Public ◽  
Bid Rigging

Aim: In the practice of awarding public contracts, sometimes the behavior of market actors, instead of competing with other entities, are aimed at illegal cooperation, including bid rigging. The above shows that healthy competition is not possible without efficient market control. In public procurement market this control is, primarily, carried out by public procurement entities: the President of the Public Procurement Office (Prezes UZP) and the National Appeal Chamber (KIO), and furthermore by President od the Office of Competition (Prezes UOKiK) and Consumer Protection and the Court od Competition and Consumer Protection. and Consumer Protection (SOKiK). The interesting issue is how the activities of the President of Office of Competition and Consumer Protection targeted  to contend with bid rigging affects on the activities of President of the Public Procurement Office (Prezes UZP) or the National Appeal Chamber (KIO). Design / Research methods: analysis and comparison decisions/ judgment issued by the President of the Public Procurement Office, National Appeal Chamber, the President of  the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection. Conclusions: The analysis has shown that the existence of specificities in the activities of the decision-making bodies and the judgments examined. However, in keeping with the specificity of the forms and objectives of control, these entities should cooperate, to a greater extent than before. Expanding the scope of cooperation would make it possible to better contend with bid rigging without changing the competition protection model. The introduction of institutionalized instruments for cooperation between the authorities seems to be valuable in terms of system solutions. Value of the article: The main value of the article is the comparison of selectively selected decisions and judgments representative of the problem under consideration and their comparative analysis in order to achieve the research objectives. The article deals with issues relevant to both public procurement practitioners and the state bodies dealing with procurement matters.

Risk management factors contributing to transgressions in the procurement practices in South African SOEs

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lindani Myeza ◽  
Naledi Nkhi ◽  
Warren Maroun
Keyword(s):  
South Africa ◽  
Risk Management ◽  
Public Sector ◽  
South African ◽  
Public Procurement ◽  
African State ◽  
Political Influence ◽  
Structured Interviews ◽  
Content Type ◽  
Executive Level

PurposeThe study aims to deepen the understanding of why risk management principles are circumvented, thereby contributing to transgressions in public procurement for South African state-owned enterprises (SOEs). A deeper understanding of why risk management principles are circumvented is especially important in South Africa, given the high social, economic and environmental risks to which national and major SOEs are exposed in the procurement process.Design/methodology/approachThe study uses a qualitative design, based on detailed semi-structured interviews with 19 participants comprising management advisors, forensic investigators and auditors to explore why risk management principles are circumvented by South Africa SOEs.FindingsThe results of the study indicate that the tone that is set at political and executive level plays an important role in determining compliance with risk management principles by lower-level staff. Intense levels of political influence at SOEs are the main reason behind risk management systems being undermined.Originality/valueThe current study is one of the first explorations of why transgressions in public procurement continue to be evident despite risk management reforms being adopted by South Africa public sector. The research responds to the call for more studies on why reforms in South Africa public sector are not reducing transgression in public procurement. The study provides primary evidence on the importance of political and executive leadership in influencing the effectiveness of risk management reforms in the public sector.

Leadership of change in South Africa public sector turnarounds

2018 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mampe Kumalo ◽  
Caren Brenda Scheepers
Keyword(s):  
South Africa ◽  
Public Sector ◽  
Current Literature ◽  
Organisational Change ◽  
Director General ◽  
Change Processes ◽  
Structured Interviews ◽  
Content Type ◽  
The Public ◽  
Financial Consequences

PurposeOrganisational decline has far-reaching, negative emotional and financial consequences for staff and customers, generating academic and practitioner interest in turnaround change processes. Despite numerous studies to identify the stages during turnarounds, the findings have been inconclusive. The purpose of this paper is to address the gap by defining these stages, or episodes. The characteristics of leaders affect the outcome of organisational change towards turnarounds. This paper focusses, therefore, on the leadership requirements during specific episodes, from the initial crisis to the full recovery phases.Design/methodology/approachA total of 11 semi-structured interviews were conducted with executives from the public sector in South Africa who went through or were going through turnaround change processes and 3 with experts consulting to these organisations.FindingsContrary to current literature in organisational change, this study found that, in these turnaround situations, leadership in the form of either an individual CEO or director general was preferable to shared leadership or leadership distributed throughout the organisation. This study found four critical episodes that occurred during all the public service turnarounds explored, and established that key leadership requirements differ across these episodes. The study shows how these requirements relate to the current literature on transactional, transformational and authentic leadership.Practical implicationsThe findings on the leadership requirements ultimately inform the selection and development of leaders tasked with high-risk turnaround change processes.Originality/valueFour episodes with corresponding leadership requirements were established in the particular context of public sector turnaround change processes.

scholarly journals Public private partnership as a last resort for traditional public procurement

2006 ◽  
Vol 53 (3) ◽  
pp. 299-311 ◽  
Author(s):  
Viktorija Bojovic
Keyword(s):  
Public Sector ◽  
Public Services ◽  
Developing Economies ◽  
Public Procurement ◽  
Public Private Partnership ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Management Culture ◽  
Complex Projects

This paper discusses recent changes in the way public services are delivered A marked increase in the cooperation between the public and private sector in the realization of complex projects, mostly concerning development of infrastructure, is the main characteristic of present-day developing economies. The creation of new, innovative agreements is driven by the limitation of public funds and an ever-growing demand for an increase in the quality of public services. Looking upon the western economies experience alternatives to the traditional public sector procurement are identified in the public/private partnership. The public/private partnership can be seen as one component in the rearrangement of the public sector with a management culture that focuses on the citizen or customer. Also included in this are accountability for results, investigation of a wide variety of alternative service delivery mechanisms, and competition between public and private bodies for contracts to deliver services consistent with cost recovery and the achievement of value for money. The partnership can be realized through an array of models and in this paper priority is given to the DBFO (design-build-finance-operate) model, due to its importance in implementation. The DBFO model is considered to be a synonym for the public/private partnership, as it is the most suitable for complex projects and gains the most benefits.

scholarly journals Public Policies for Procurement under COVID19

2021 ◽  
Vol 1 (3) ◽  
pp. 9-36
Author(s):  
Luís Valadares Tavares ◽  
Pedro Arruda
Keyword(s):  
Comparative Analysis ◽  
Comparative Study ◽  
Public Procurement ◽  
Public Policies ◽  
European Directives ◽  
Public Markets ◽  
The Public ◽  
Public Contracting ◽  
The Comparative Study ◽  
Selection Of

Public procurement is a main issue in the frontline of Governments fighting COVID 19 pandemic as the need for additional and urgent acquisitions as well as the need to consolidate the supply chains and to promote sustainable and innovative procurement have been a source of deep changes and main challenges disturbing public markets and invalidating several assumptions of the traditional public contracting. In this paper, the development of appropriate public policies to cope with these challenges is studied following the approach suggested by several authors and including four stages: a Stage on Facts and Issues where the main challenges and conditions are studied, the Options Stage to describe which polices and procedures can be adopted, a Values Stage stating the main values to be pursued and, finally, a Policies Stage including the selection of the recommended policies. The analysis of the challenges and facts includes the study of a taxonomy of short and longer term needs and the available options are based on the comparative study of procedures ruled by the European Directives on Public Procurement approved on 2014. The major values to be respected include the principle of competition which is a major institutional principle of the European Treaty and of the Directives as well as the goal of promoting sustainable and innovative public procurement. Several indicators are suggested to describe the application of the public procurement policies adopted across EU and their comparative analysis is presented using the TED data for contracts concerning COVID 19. The case of Portugal is discussed and final remarks about the recommended public policies are also included herein.

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