Public Procurement Law, Due Process, and Public Sector Corruption in Nigeria: A Review

2021 ◽  
pp. 165-183
Author(s):  
Omololu Fagbadebo ◽  
Kikelomo Aboyowa Mbada
Keyword(s):  
Public Sector ◽  
Due Process ◽  
Public Procurement

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.

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 Perspectives of introduction sustainable procurement in public procurement in Russia

2016 ◽  
Vol 7 (1) ◽  
pp. 35
Author(s):  
Irina Romodina ◽  
Maxim Silin
Keyword(s):  
Public Sector ◽  
Public Procurement ◽  
Main Question ◽  
Public Authorities ◽  
Sustainable Procurement ◽  
Global Trend ◽  
Sustainable Economy ◽  
Sector Research ◽  
Public Sector Research

The paper is about sustainable public procurement as a new global trend in the development of a sustainable economy. The main question raised is the following: how could sustainable public procurement be implemented in Russia? We aim to answer the question by presenting the findings of survey, covering public procurement practices of 51 contracting authorities and documentation analysis of 400 public tenders, and investigating Russian legislation. The conducted survey aims to identify the aspects of sustainable public procurement already used by public authorities in procuring practices in Russia. The analysis of Russian legislation allows to define in which sections of procurement documentation different aspects of sustainability could be included. This paper provides a unique survey of sustainable procurement practices across the Russian public sector. Research also shows the prerequisites of implementation of sustainable public procurement in Russia.

Illiberal Liberalism: The New Property as Strategy

1983 ◽  
Vol 45 (4) ◽  
pp. 576-594 ◽  
Author(s):  
Michael B. Levy
Keyword(s):  
Public Sector ◽  
Social Security ◽  
Legal Status ◽  
Due Process ◽  
Men And Women ◽  
Unemployment Compensation ◽  
Inclusive Language ◽  
The Supreme Court ◽  
Property Owners ◽  
Political Vocabulary

In the decade spanning 1968 to 1978, the Supreme Court cited the concept of the “new property” in over forty cases concerning the rights of clients in public sector relationships. The term new property first appeared in two law review articles written by Charles Reich in 1964 and 1965, and its primary points have since found favor with a number of political theorists. At the heart of the “new property” idea was the belief that a great many public sector benefits performed traditional functions of property and, therefore, ought to have been redefined as property in the law. Accordingly, Reich argued that public sector grants, including public assistance as well as unemployment compensation and Social Security, should lose their legal status as gratuities or charitable gifts and become instead “property” with all of the constitutional guarantees of due process that adhere to property in our system. This was a most egalitarian project indeed, with implications that went far beyond extending rights of due process. By transforming all men and women into property owners regardless of their private assets, the “new property” paved the way for a political vocabulary which wedded the particular and exclusive language of property with the universal, all-inclusive language of egalitarianism. In most respects this redefinition simply would have expanded the egalitarian direction implicit in past liberal functionalist theories of property, developments which many had already approved.

How well does Malaysia achieve value for money in public sector purchasing of medicines? Evidence from medicines procurement prices from 2010 to 2014

2020 ◽  
Author(s):  
Nurhafiza Md Ham ◽  
Prasadini N Perera ◽  
Ravindra P Rannan-Eliya
Keyword(s):  
Public Sector ◽  
Price Competition ◽  
Public Procurement ◽  
Weighted Average ◽  
Access To Medicines ◽  
Healthcare Sector ◽  
Public Healthcare ◽  
Continuous Increase ◽  
The Public ◽  
Pharmaceutical Procurement

Abstract Background Malaysia’s public healthcare sector provides a greater volume of medicines at lower overall cost, indicating its importance in providing access to medicines for Malaysians. However, the Ministry of Health (MOH), as the main healthcare provider, has concerns about the continuous increase in the public sector medicines budget, and achieving efficiencies in medicines procurement is an important goal. The objectives of this study were to assess the overall trend in public sector pharmaceutical procurement efficiency from 2010 to 2014, and determine if the three different ways in which MOH procures medicines influences efficiency.Methods We matched medicines from the public sector procurement report by medicine formulation to medicines with a Management Sciences for Health (MSH) International Reference Price (IRP) for each year. Price ratios were calculated, and utilizing the information on quantity and expenditure for each product, summary measures of procurement efficiency were reported as quantity- and expenditure-weighted average price ratios (WAPRs) for each year. Utilizing MOH procurement data to obtain information on procurement type, a multiple regression analysis, controlling for a number of factors that can influence prices, assessed whether procured efficiency (relative to IRPs) differed by MOH procurement type.Results Malaysia’s public sector purchased medicines at two to three times the IRP throughout the study period. However, procurement prices were relatively stable in terms of WAPRs each year (2.2 and 3.2 in 2010 to 1.9 and 2.9 in 2014 for quantity and expenditure WAPRs, respectively). Procurement efficiency did not vary between the three different methods of MOH procurement. Procurement efficiency of both imported innovators and imported generics were significantly lower ( P <0.001 and P <0.01) than local generic products, and medicine source and category influenced the procurement efficiency of each MOH procurement mechanism.Conclusion The design of different medicines procurement mechanisms, along with the balance of interests that Malaysia has sought to achieve in its public procurement procedures, have not been able to achieve lower public sector medicines procurement prices (relative to IRP). Introducing pooled procurement options along with continuous monitoring of procurement efficiency and exploring ways to improve price competition among local and foreign suppliers is recommended.

Public Procurement and Transparency in the Private Sector

2021 ◽  
pp. 176-194
Author(s):  
Tom Brown
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
General Public ◽  
Public Procurement ◽  
Public Authorities ◽  
Procurement Process ◽  
The Public ◽  
The United Kingdom ◽  
Pay Differences ◽  
United Kingdom Government

This chapter begins by considering public procurement in the context of equality duties. The United Kingdom government has not used the Equality Act 2010’s regulation-making powers to impose specific statutory public procurement equality duties in England, but the Welsh and Scottish Ministers have made such regulations. Equality considerations are nonetheless relevant considerations in a public authority’s public procurement decisions as part of the general public sector equality duty in section 149 of the Act. The extent to which equality can (and should) be taken into account in the public procurement process is also, therefore, relevant to private undertakings which might wish to tender for the provision of goods or services to public authorities. The chapter then addresses the provisions in the Act intended to improve transparency in the private sector by prohibiting clauses which prevent employees discussing their pay. The Act introduced, in section 78, a power to make regulations which would impose a requirement on businesses to report on gender pay differences.

scholarly journals Maximising “Community Benefits” in public procurement: tensions and trade-offs

2020 ◽  
Vol 40 (12) ◽  
pp. 1909-1939
Author(s):  
Karen Lorraine Wontner ◽  
Helen Walker ◽  
Irina Harris ◽  
Jane Lynch
Keyword(s):  
Public Sector ◽  
Resource Dependence ◽  
Local Community ◽  
Public Procurement ◽  
Resource Dependence Theory ◽  
Resource Dependency ◽  
Unintended Consequences ◽  
Content Type ◽  
Community Benefits ◽  
Trade Offs

PurposeThis study aims to illuminate the challenges involved in implementing community benefits (CBs), a sustainable public procurement policy that ensures that there are positive social and economic outcomes for the local community when public money is spent on goods, works and services.Design/methodology/approachInterviews and focus groups were conducted with public sector buyers and suppliers in Wales with experience in implementing CBs. Resource dependence theory was used to examine the extent to which dependence on resources effects CBs implementation.FindingsWhilst the study confirms that implementation of CBs improves economic and social outcomes, there can also be challenges for public sector organisations and their constituent supply chains. These include tensions between CBs and other policies, differing views between buyers and suppliers, and the unintended consequences of promoting one form of CBs over another.Research limitations/implicationsThe research found that Welsh Government influences the buyer-supplier dyad through regulatory and financial power. We elaborate on resource dependency theory by adding four constructs (powerful stakeholders, intra and inter organisational issues, challenges and enablers) to better understand the flows of power and resources in this research context.Practical implicationsBuyer and supplier practitioners and policymakers may find the factors leading to successful CBs implementation useful, such as ensuring closer communication and liaison at early contract stages.Social implicationsCommunity benefits are aimed at improving socioeconomic issues through public procurement.Originality/valueThis study addresses the need for research into how public sector organisations and suppliers seek to implement socio-economic sustainability measures, and the lack of research on CBs implementation to date. It is also novel in adopting a dyadic approach and a resource dependency perspective.

Getting innovations out of interactions in the public procurement context

2020 ◽  
Vol 35 (12) ◽  
pp. 2051-2065 ◽  
Author(s):  
Lisa Melander ◽  
Ala Pazirandeh Arvidsson
Keyword(s):  
Public Sector ◽  
Business Model ◽  
Design Methodology ◽  
Public Procurement ◽  
Business Model Innovation ◽  
Structured Interviews ◽  
Demand And Supply ◽  
Content Type ◽  
The Public ◽  
Product Service

Purpose The purpose of this paper is to discuss how a seller can use interactions to respond to public procurement needs for innovation when the buying side is restricted by public procurement regulations. Design/methodology/approach The authors collected data using qualitative semi-structured interviews of different empirical examples, in which private–public interactions of four different high-technological products are studied. Two products belong to the defence industry and two to the civil industry. Findings The findings point to three types of innovations in public procurement: product, service and business model. The empirical examples further indicate, as suggested in previous studies, that innovation is hindered by regulations that limit interaction between suppliers and the public. In addition, the empirical examples indicate that firms mobilize actors in their network when the buyer is restricted in regard to interaction. The findings also add to the IMP literature by comparing interactions in the three types of innovations in the public procurement context. Originality/value Public procurement is an area where innovations are lagging behind, compared with private procurement. Research points to limited interaction between actors as an obstacle to innovation in public sector collaborations. This paper extends the literature on how organizations interact in the setting of public procurement. The authors identify demand and supply triggers for three types of innovations: product, service and business model innovation.

The Efficacy of Australia Adopting a Debarment Regime in Public Procurement

2020 ◽  
pp. 0067205X2097347
Author(s):  
Olivia Dixon
Keyword(s):  
Public Sector ◽  
Competitive Advantage ◽  
Public Procurement ◽  
Public Funds ◽  
Policy Goals ◽  
The Government ◽  
Corporate Integrity ◽  
Robust Measures ◽  
Procurement Contracts

While transparent and efficient public sector procurement systems facilitate innumerable opportunities for stakeholders, the scale and scope of the global procurement market has rendered it increasingly vulnerable to corruption. The Organisation for Economic Co-operation and Development estimates that annually US$2 trillion of public funds is lost to corruption, yet governments have failed to respond with robust measures to deter such practice. Through comparing the debarment frameworks and policy goals across five jurisdictions, this article argues that Australia should consider adopting a discretionary debarment regime. By excluding bidders who have engaged in ‘corporate integrity offences’ from procurement contracts, debarment policies offer a potentially important mechanism in the fight against corruption. Debarment would not only protect the government from current threats, but it may also deter potential wrongdoers, encourage contractors to rehabilitate themselves, incapacitate actual offenders and facilitate development of a culture of compliance through the competitive advantage gains enjoyed by law-abiding firms.

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