The Public Procurement Rules in Action: An Empirical Exploration of Social Impact and Ideology

2014 ◽  
Vol 16 ◽  
pp. 13-37 ◽  
Author(s):  
Amy Ludlow
Keyword(s):  
Decision Making ◽  
Financial Crisis ◽  
Public Goods ◽  
Social Impact ◽  
Public Procurement ◽  
Ethnographic Study ◽  
Member States ◽  
The Public ◽  
Competitive Tendering ◽  
Market Values

AbstractGovernments are increasingly turning to the market to provide public goods, works and (perhaps most controversially) services. Markets, and market values, have come to govern our lives as never before and the financial crisis appears to have done little to dampen governments’ faiths in markets. The public procurement rules define some of the parameters within which governments must engage with the market but the ideology of these rules, particularly how much ‘space’ they afford Member States to pursue non-commercial policies in their procurement decision-making, is deeply contested. This chapter argues that there is a missing empirical dimension to these ideological discussions. It seeks to partially redress this by presenting findings from an ethnographic study of a competitive tendering exercise at a British prison, from which it is argued that a more complex ideological picture emerges than appears from doctrinal analyses of the rules.

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.

LOCAL GOVERNMENT SERVICING UNITS AS A CENTRAL CONTRACTING AUTHORITY

2020 ◽  
Vol 1 (XX) ◽  
pp. 111-121
Author(s):  
Kamila Żmuda-Matan
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Public Procurement ◽  
Shared Services ◽  
The Public ◽  
Joint Activities ◽  
The Law ◽  
Special Provision

The scope of tasks entrusted to the servicing units, the so-called shared services centres, as part of the joint service results from the resolution of the decision-making body of the local government unit or from an agreement concluded between units, with restrictions resulting from the local government laws. By means of a special provision of the public procurement law, the legislator granted the competence to indicate or appoint an entity performing central contracting tasks or to specify the method of appointing such entities to the decision-making body of the local government unit. The competences of the commune council also include determining the scope of activities of these entities in accordance with Art. 15c of the Public Procurement Law. The perspective of providing by the commune of the joint service of the commune’s organisational units may therefore include joint activities in the scope of the procurement procedures, but then it is necessary to apply both the provisions of the law on commune government and the public procurement law. The indication or appointment of a central contracting authority by the decision-making body of the local government unit must be the activity preceding the transfer of specific tasks in the field of public procurement to this entity.

scholarly journals Key Criteria for Information Quality in the Use of Online Social Media for Emergency Management in New Zealand

2021 ◽  
Author(s):  
◽  
Gunilla Elleholm Jensen
Keyword(s):  
Decision Making ◽  
Social Media ◽  
New Zealand ◽  
Emergency Management ◽  
Information Quality ◽  
Social Impact ◽  
Research Question ◽  
Time Frame ◽  
The Public ◽  
Online Social Media

<p>Knowledge and information give people the power to make decisions and to act; they are the key to the success of real-time decision making. Social media can be valuable in emergencies where information can be shared to save lives and minimise the human and social impact. Fostering information quality is important in order to validate the information collected for decision making. With the empowerment of the general public and the abundance of information on social media, information quality becomes central to achieving an effective and efficient outcome in emergency response and saving lives. A gap exists in the research in the area of information quality in the use of online social media for emergency management in New Zealand. The research question for this study is: What are the key criteria for fostering information quality in the use of online social media for emergency management in New Zealand? How are they achieved? The data collection method employed was in-depth interviews of members of emergency management organisations in New Zealand. The interviews were followed by participant check. Previous research has identified accuracy, consistency and relevancy as the most frequently acknowledged criteria for information quality. This study found that the three key criteria for information quality in the use of online social media for emergency management in New Zealand are: Using verified and validated information; Using timely information; Building and using networks. There were two conflicts between the criteria: The need to dispel rumours or get time critical information out to the public can be in conflict with making sure that information is verified and trustworthy. The other conflict lies in the desire to control communication on social media, which hinders sharing of information and engagement with the public. It was found that the key criteria for information quality can be achieved by engaging with followers, so that their shared information can be included in the EOCs standard verification processes, and at the same time letting the followers know what the time frame is for new information releases.</p>

scholarly journals The Amagasaki Pilot Social Impact Bond in Japan – Participation of SMEs in Public Markets

2018 ◽  
Vol 1 (1) ◽  
pp. 75-82
Author(s):  
Shinji Hosomi
Keyword(s):  
Process Improvement ◽  
Social Impact ◽  
Social Problems ◽  
Public Procurement ◽  
Growth Strategy ◽  
Local Fields ◽  
Public Markets ◽  
The Public ◽  
The Social ◽  
Employment Support

Social Impact Bond (SIBs) attracts massive attention recently not only by major enterprises, but by SMEs in Japan to solve the social problems. This paper analyzes the first SIBs case on youth employment support in Amagasaki, Japan as well as the first SIBs case in Augsburg, Germany. Further, it considers the entry of SMEs that are familiar with local fields and circumstances to realize public-private partnerships and examine the possibility of their participating into the SIBs in Japan. SIBs invite the process improvement of the public procurement. Across SIBs, participation of SMEs in solving social problems conforms to the growth strategy of the Japanese government, and as a result to contribute the process improvement of public procurement.

scholarly journals Regulation of public procurement under the Eurasian Economic Union law and ways of convergence of national procurement legislation

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 393-411
Author(s):  
Dmitry A. Kazantsev ◽  
◽  
Natalya А. Mikhaleva ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Member States ◽  
Economic Space ◽  
The Public ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Creation ◽  
Procurement System ◽  
Supranational Level

Russian procurement regulation exists not merely by itself, but also in the framework of the formation of unified approaches to procurement regulation within the Eurasian Economic Union (EAEU). These approaches today are based on a common methodology, although national laws of each state demonstrate various options for implementation. The integration processes affected by the creation of the EAEU also influence public procurement. The formation of a single economic space and unified procurement market as economic bases cannot exist without bringing the national legislation of EAEU member states on public procurement to uniform standards. The trend towards unification and harmonization of procurement legislation in the EAEU member countries requires the creation of a unified market for public procurement of the EAEU to ensure unhindered access to procurements, which will make it possible to expand sales markets under economic pressure from sanctioned non-tariff barriers. This article addresses some of the issues related to public procurement in EAEU member states in light of the functioning procurement systems. The authors make an attempt to reveal some of the main features of the public procurement system based on an analysis of the main legislative acts of the EAEU member countries. The main positive trends in harmonization of the EAEU procurement legislation are described taking into account previous experience. Ways to solve problems are proposed as a result of a comparative analysis of the legislation governing the procurement process in the EAEU member countries. The study also reveals the problems of legal regulation of the supranational level of procurement legislation that impede the effective achievement of the objectives of economic integration and the formation of a unified market for public procurement. The article is an attempt to comprehensively analyze the procurement legislation of the EAEU countries, taking into account the requirements of supranational legislation that is designed to ensure uniformity of legal models for the formation of a procurement system for state customers.

Contributing to Socially Relevant Public Policies on E-Governance

2011 ◽  
pp. 277-318 ◽  
Author(s):  
Roxana Goldstein
Keyword(s):  
Decision Making ◽  
Public Space ◽  
Social Impact ◽  
Public Policies ◽  
Knowledge Society ◽  
Special Focus ◽  
Social Actors ◽  
The Public ◽  
Decision Making Processes ◽  
Socially Relevant

This chapter aims to introduce a conceptual framework and a case study that can contribute to deepen the understanding of the relation among the information and knowledge society, democracy, and development. In this chapter, it is argued that this relation has as its core issue the reinforcement of the governability and the governance oriented to development through the use of ICTs. Special focus is made on the contribution that ICTs can make in the consolidation of a public space where multi-actor, open, well-informed, equitable and transparent participatory processes allow all social actors to deliberate on the proposal elaboration and decision-making processes related to the public policies that shape their life conditions. It is expected that the preliminary contributions presented in this chapter will contribute to enrich the proposal elaboration and the decision-making processes of the public policies on e-governance through a new approach that takes into account the complexity, multidimensionality, and qualitative aspects that characterized the social impact of ICTs in LAC societies.

The Private Whistleblower: Defining a New Role in the Public Procurement System

2012 ◽  
Vol 14 (2) ◽  
pp. 1-26 ◽  
Author(s):  
Lisa Hansson
Keyword(s):  
Public Procurement ◽  
Primary Objective ◽  
Private Firms ◽  
Public System ◽  
The Public ◽  
Competitive Tendering ◽  
Positive Side ◽  
Public Servant ◽  
Procurement System ◽  
Practical Implications

Due to EU legislation, public procurement through competitive tendering has been applied in most European countries. One purpose of such procurement is to lower the costs of the procured service and another is for the political level to gain better control over what it is purchasing. However, monitoring problems exist when conducting public procurements; recent studies indicate that actions related to public servant corruption are most common in public procurement processes. Citing cases from Sweden, this article argue that, in the case of public procurement, private firms have assumed a monitoring role towards the public sector similar to that of whistleblowers, and that the public system in fact depends on private firms to detect procurement bypasses committed by civil servants. This article provides an understanding of this monitoring role and discusses its theoretical and practical implications for the public system. I conclude that upholding the public system is not the primary objective of the private whistleblower but a positive side effect. The monitoring role is analyzed in the framework of principal–agent theory and should be seen as complementary to the existing monitoring functions available to public principals.

scholarly journals Key Criteria for Information Quality in the Use of Online Social Media for Emergency Management in New Zealand

2021 ◽  
Author(s):  
◽  
Gunilla Elleholm Jensen
Keyword(s):  
Decision Making ◽  
Social Media ◽  
New Zealand ◽  
Emergency Management ◽  
Information Quality ◽  
Social Impact ◽  
Research Question ◽  
Time Frame ◽  
The Public ◽  
Online Social Media

<p>Knowledge and information give people the power to make decisions and to act; they are the key to the success of real-time decision making. Social media can be valuable in emergencies where information can be shared to save lives and minimise the human and social impact. Fostering information quality is important in order to validate the information collected for decision making. With the empowerment of the general public and the abundance of information on social media, information quality becomes central to achieving an effective and efficient outcome in emergency response and saving lives. A gap exists in the research in the area of information quality in the use of online social media for emergency management in New Zealand. The research question for this study is: What are the key criteria for fostering information quality in the use of online social media for emergency management in New Zealand? How are they achieved? The data collection method employed was in-depth interviews of members of emergency management organisations in New Zealand. The interviews were followed by participant check. Previous research has identified accuracy, consistency and relevancy as the most frequently acknowledged criteria for information quality. This study found that the three key criteria for information quality in the use of online social media for emergency management in New Zealand are: Using verified and validated information; Using timely information; Building and using networks. There were two conflicts between the criteria: The need to dispel rumours or get time critical information out to the public can be in conflict with making sure that information is verified and trustworthy. The other conflict lies in the desire to control communication on social media, which hinders sharing of information and engagement with the public. It was found that the key criteria for information quality can be achieved by engaging with followers, so that their shared information can be included in the EOCs standard verification processes, and at the same time letting the followers know what the time frame is for new information releases.</p>

scholarly journals The Innovation Procurement Policies and the Development of e‑health in the EU Member States: What Can Be Learnt?

2018 ◽  
Vol 4 (337) ◽  
pp. 219-234
Author(s):  
Marcin Kautsch ◽  
Mateusz Lichoń ◽  
Natalia Matuszak
Keyword(s):  
European Union ◽  
Great Britain ◽  
Public Procurement ◽  
Health Development ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
Eu Policies ◽  
The Eu ◽  
Policies And Practices

The article presents findings of research on e‑health development in four European Union (EU) Member States in the context of public procurement of innovation (PPI). EU policies attempt to make public procurement leverage for innovation by introducing a number of new tender procedures. Policies and practices in PPI, including e‑health, were investigated for Denmark, Great Britain, Spain and Poland. For various reasons, all four countries struggle with the introduction of the European PPI procedures, and with making a transition to outcome‑based tenders. Though they all introduced policies implementing these procedures, Denmark and Great Britain seem to have achieved better results, having well‑established public‑private collaboration. This correlates with a more efficient adoption of e‑health solutions in those countries. With some minor successes, Spain, and particularly Poland, display attachment to traditional procedures despite changes in the public procurement regulations.

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