Reforming The Laws On Public Procurement In The Developing World: The Example Of Kenya

2005 ◽  
Vol 54 (3) ◽  
pp. 621-650
Author(s):  
Victor Mosoti
Keyword(s):  
Public Procurement ◽  
International Agreements ◽  
Government Procurement ◽  
The Other ◽  
Practical Application ◽  
Ministry Of Health ◽  
Procurement Process ◽  
The Government ◽  
Model Law ◽  
The Government Procurement

Kenya is one of the countries that are currently in the process of preparing a new law on government procurement as part of the anti-corruption efforts of a new democratically elected government which came into power in December 2002. Whereas it may be too early to judge the commitment of the new government to meaningful and consistent anti-corruption initiatives, one may already discern either a definite unwillingness to move forward with serious reforms or an implicit acquiescence towards corrupt practices, particularly in the government procurement process. In this paper, we shall examine Kenya's government procurement laws, and their practical application. We focus on two recent examples of the procurement process, one by a government ministry and the other by a parastatal body. The first example of application we shall look at is the controversy over the procurement of HIV-Aids testing equipment by the Ministry of Health, and the second is the procurement of cranes by the Kenya Ports Authority. We shall end with a brief examination of the proposed Public Procurement and Disposal Bill (2003)l which is currently before the Kenyan parliament and how it may revolutionalize the government procurement process in Kenya. This Bill has already received the approval of the Cabinet of Ministers and is due for the second reading in Parliament.2 Despite the Government having stated its commitment to have the bill enacted, the bill has not been passed yet.3 In the last substantive part of the paper, we assess the relevant international agreements and standards such as the UNCITRAL Model Law on Public Procurement and the WTO's Agreement on Government Procurement, and also highlight the regional procurement law.

Ökologische Aspekte im öffentlich-rechtlichen Beschaffungswesen

2021 ◽  
Author(s):  
Felix Steengrafe
Keyword(s):  
International Law ◽  
Public Procurement ◽  
German Law ◽  
Government Procurement ◽  
Environmental Concerns ◽  
European Law ◽  
Environmental Criteria ◽  
The Government ◽  
Model Law ◽  
The Government Procurement

The awarding of public contracts is of considerable economic importance and for this reason can be used to promote environmental concerns. The present work examines whether environmental criteria may be taken into account in the context of public procurement. To answer this question, the Government Procurement Agreement and the UNICTRAL Model Law on Public Procurement are considered at the level of international law. In European law, the primary as well as the relevant secondary law requirements and, in German law, the Cartel and Budget Procurement Law are assessed. This analysis also includes the interactions between the three levels.

scholarly journals Government procurement clause in EVFTA and implications for Vietnam

2020 ◽  
Vol 4 (4) ◽  
pp. 1104-1114
Author(s):  
Hoang Tien Nguyen ◽  
Vuong Hoang Do
Keyword(s):  
Public Procurement ◽  
Secondary Data ◽  
Government Procurement ◽  
Public Expenditures ◽  
International Integration ◽  
International Telecommunication Union ◽  
International Telecommunication ◽  
National Budget ◽  
The Government ◽  
The Government Procurement

EVFTA is one of the newest endeavors of Vietnam regarding the international integration process, which is anticipated to be beneficial for Vietnam in many aspects across industries. The government procurement sector does not stay out of this influence. This article mainly aims to explore the government procurement sector of Vietnam, the performance of the government regarding managing this market and how it will be affected and reformed by EVFTA. More importantly, by examining the significant factors that may have an impact on the EVFTA's implementation from Vietnam's perspective, the article attempts to assess the compatibility of the current situation of Vietnam with the fundamental conditions to conduct public procurement regulations of EVFTA efficiently. The article collects, summarizes, and analyzes the secondary data from trustworthy sources like the Vietnam General Statistics Office, the ranking table of the International Telecommunication Union, the official annual report of state departments of Vietnam, and other documents like journal articles, research papers,etc. Another methodology employed in the research is the in-depth interviews with professional experts who have been working for several years in the international integration field. the article discovers that Vietnam is capable of implementing EVFTA's chapter 9 efficiently but with more careful preparation. The article also points out that despite of having a strong mindset of globalization, Vietnam's public expenditures are still loosely covered by laws, which leads to irrational allocation on national budget. A number of implications are suggested to localize the EVFTA's regulations and recommendations are made to apply modern technologies to improve the procurement system, especially on the capacity of government on managing the government procurement sector. The authors hope to help state authorities to have a broader look and improve the sector as well as embrace the opportunities from EVFTA regarding government procurement sector.

Procurement Process at the Department of Education Philippines, Division of Cagayan de Oro City: Looking beyond the Legal Framework

2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Annabella L. Ratunil
Keyword(s):  
Survey Design ◽  
Public Procurement ◽  
Legal Framework ◽  
The Philippines ◽  
Government Procurement ◽  
Department Of Education ◽  
Core Element ◽  
Procurement Process ◽  
Procurement Reform ◽  
The Government

Public procurement is a core element for the operation government agencies for their purposes (World Trade, 2010). In the Philippines, a Public Procurement Reform Act was enacted to ensure that the following: (a) transparency, (b) competitiveness, (c) streamlined procurement process, and (e) civil monitoring are incorporated in the procurement process. In theory, the Public Procurement Reform Law was in line with international best practices. However, the problem in the implementation caused serious weaknesses in the procurement. Reports revealed that widespread of corruptions still continue to exist. This paper examined the procurement processes of the Division of Cagayan de Oro City, Department of Education, and Region 10 in the implementation of the government procurement reform law. Through descriptive survey design and purposive sampling, the study targeted 34 respondents. The quantitative data collected were analyzed by the use of descriptive statistics using SPSS and presented through percentages and frequencies. The findings revealed that (76%) of the respondents agreed that the procurement reform law was not new them.  However, (58.82%) of the respondents agreed that the procurement reform law caused a delay in the procurement process. All respondents agreed with the recommendation that training on the procurement reform law will solve the problem. Keywords - Public Administration, procurement, implementation, delays, descriptive design, Philippines

HARMONISING PUBLIC PROCUREMENT IN THE SADC

2014 ◽  
Vol 1 (1) ◽  
pp. 90-109
Author(s):  
Stephen De la Harpe
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Public Procurement ◽  
Developed Countries ◽  
Government Procurement ◽  
Substantial Part ◽  
Private Industry ◽  
Regional Competition ◽  
Model Law ◽  
Opening Up

The promotion of international trade is seen as one of the important instruments to ensure development in developing nations and regions. The history of the World Trade Organisation (WTO) and the drafting of many regional and similar international trade agreements are evidence of this. The Southern African Development Community (SADC) is no exception.1 It is therefore strange that many states that are members of the WTO and actively encourage the opening up of international borders to free trade do not include public procurement2 in such free trade arrangements. This is particularly evident in developing states. If the WTO Government Procurement Agreement (GPA), which is a plurilateral agreement, is considered it is clear that many states do not wish to open their internal markets to competition in the public procurement sphere. It is therefore not surprising that public procurement has been described as the last rampart of state protectionism (Ky, 2012). Public procurement is an important segment of trade in any country (Arrowsmith & Davies, 1998). It is estimated that public procurement represents between 10% and 15% of the gross domestic product (GDP) of developed countries and up to 25% of GDP in developing states (Wittig, 1999). Unfortunately, governments often expect private industry to open up national markets for international competition but do not lead the way. Except for the limited use of pooled procurement,3 no specific provision is at present made for the harmonisation and integration of public procurement in the SADC. In view of the proximity of the member states, the interdependency of their economies and the benefits that can be derived from opening up their boundaries to regional competition in public procurement, the possibility of harmonisation and deeper integration in this sphere needs to be given more attention. The importance of public procurement in international trade and regional integration is twofold: first, it forms a substantial part of trade with the related economic and developmental implications; secondly, it is used by governments as an instrument to address socio-economic issues. Public procurement spending is also important because of its potential influence on human rights, including aspects such as the alleviation of poverty, the achievement of acceptable labour standards and environmental goals, and similar issues (McCrudden, 1999). In this article the need to harmonise public procurement in the SADC in order to open up public procurement to regional competition, some of the obstacles preventing this, and possible solutions are discussed. Reference is made to international instruments such as the United Nations Commission on International Trade Law (UNCITRAL), the Model Law on Public Procurement and the GPA. In particular, the progress made in the Common Market for Eastern and Southern Africa (COMESA) with regard to the harmonisation of public procurement, which was based on the Model Law, will be used to suggest possible solutions to the problem of harmonising public procurement in the SADC.

scholarly journals Ease of Doing Business Index: An Analysis of Investors Practical View

2021 ◽  
Vol 17 (1) ◽  
pp. 101-123
Author(s):  
Shakirat Adepeju Babatunde ◽  
Mohammed Kayode Ajape ◽  
Kabir Dandago Isa ◽  
Owolabi Kuye ◽  
Eddy Olajide Omolehinwa ◽  
...  
Keyword(s):  
Private Sector ◽  
World Bank ◽  
Return On Investment ◽  
Government Procurement ◽  
Cross Sectional ◽  
Procurement Process ◽  
Chamber Of Commerce ◽  
Doing Business ◽  
Ease Of Doing Business ◽  
The Government

Abstract: This study investigates the effect of Ease of Doing Business Index (EDBI) on Return on Investment (ROI). The study employs a cross-sectional survey design covering five years from 2015 to 2019. The sample is 47 registered companies with the Lagos Chamber of Commerce and Industry, which is the most representative of the organised private sector group in Nigeria. The study adopts descriptive and linear regression statistical analysis. Findings show a statistically significant negative effect of Government policy continuity. The government procurement process, Raw materials availability and Quality of workforce show adverse effects. Traffic and transportation management, power supply and Security infrastructure show insignificant effect on ROI. Hence, findings indicate that Government procurement process is inimical to ease of doing business in Nigeria despite the government improvement efforts. Since government efforts are insufficient, the World Bank should incorporate private sector ideals into EDBI to create a synergy a robust EDBI. Keywords: Ease of Doing Business, ease of doing business index, return on investment, investors, World Bank.      Ease of Doing Business Index: Sebuah Analisis terhadap Pandangan Praktis InvestorAbstrak: Penelitian ini menginvestigasi pengaruh Ease of Doing Business Index (EDBI) terhadap Return on Investment (ROI). Penelitian ini menggunakan desain survei cross-sectional dari tahun 2015 sampai dengan tahun 2019. Sampel penelitian ini adalah 47 perusahaan yang terdaftar di Lagos Chamber of Commerce and Industry. Penelitian ini menggunakan analisis deskriptif dan statistik regresi linear. Dari berbagai elemen EDBI, temuan dari penelitian ini menunjukkan adanya pengaruh negatif yang signifikan antara keterlanjutan kebijakan pemerintah terhadap ROI. Proses pengadaan pemerintah, ketersediaan bahan mentah, dan kualitas tenaga kerja menunjukkan pengaruh berkebalikan dengan ROI. Lalu lintas dan manajemen transportasi, supply listrik, dan infrastruktur keamanan menunjukkan pengaruh tidak signifikan terhadap ROI. Usaha pemerintah dalam meningkatkan proses pengaadaan pemerintah masih belum memadai karena masih kecilnya pengaruh terhadap EDBI Nigeria. World Bank sebaiknya memasukkan pengaruh sektor privat dalam indikator EDBI sebagai upaya menciptakan sinergi antara pemerintah dan sektor privat untuk peningkatan EDBI dan dampaknya pada ekonomi. Kata kunci: Ease of Doing Business, indeks kemudahan berbisnis, pengembalian investasi, investor, Bank Dunia

scholarly journals Menggagas Sistem Pengupahan dan Kesejahteraan Pekerja Outsourcing di Pemerintah dalam Pengadaan Publik

2018 ◽  
Vol 1 (4) ◽  
pp. 436-446
Author(s):  
Ajik Sujoko
Keyword(s):  
Selection Process ◽  
Public Procurement ◽  
Procurement Process ◽  
Labor Conditions ◽  
Labor Regulations ◽  
Private Participation ◽  
The Government ◽  
Uncertain Future ◽  
Ability And Willingness

AbstractAcceptance of wages and welfare of outsourcing workers in government an interesting thing to be discussed. The first, because wages and welfare in outsourcing are quite relevant issues for labor conditions. Second, through outsourcing, the government is able to accommodate outsourcing workers whose trends increase each year. Third, the government are not in the form of the company but are already used to implementing outsourcing practices. Fourth, the tendency of private participation to improve the performance of the government which is profit oriented. Of the four discussions and cases of outsourcing in some places, the attractive position of outsourcing workers is always in a weak position and an uncertain future, including in government. By reviewing the practice of procurement process of government goods/services, through this article contributes and encourages to government and outsourced employers has the ability and willingness to provide wages and welfare of outsourcing workers. How wages and welfare are enjoyed and accepted by outsourcing workers, through public procurement can be done adequacy of the procurement budget, provider selection process that follows labor regulations and contracting properly with the providerKeywords: Wages, Welfare, Outsourcing Workers, Procurement Of Goods/ServicesAbstrakPenerimaan upah dan kesejaheteraan pekerja outsourcing di pemerintah hal yang menarik untuk didiskusikan. Yang pertama, karena upah dan kesejahteraan dalam outsourcing merupakan masalah yang cukup relevan menggambarkan kondisi tenaga kerja. Kedua, melalui outsourcing pemerintah mampu menampung pekerja outsourcing yang cenderung naik tiap tahun. Ketiga, pemerintah bukan sebuah perusahaan, namun telah biasa menggunakan praktik outsourcing. Keempat, kecenderungan partisipasi swasta untuk meningkatkan kinerja pemerintah yang berorientasi pada keuntungan. Dari empat diskusi dan kasus outsourcing di sebagian tempat, menariknya posisi pekerja outsourcing selalu dalam posisi yang lemah dan masa depan yang tidak pasti, termasuk di pemerintahan. Dengan melihat praktek proses pengadaan barang/jasa pemerintah, melalui artikel ini diharapkan memberikan kontribusi dan dorongan kepada pemerintah dan pengusaha outsourcing memiliki kemampuan dan kemauan untuk menyediakan upah dan kesejahteraan pekerja outsourcing. Bagaimana upah dan kesejahteraan dapat dinikmati dan diterima oleh pekerja outsourcing melalui pengadaan publik, dapat dilakukan dengan menyediakan kecukupan dari anggaran pengadaan, proses pemilihan penyedia yang mengikuti peraturan ketenagakerjaan dan kontrak dengan penyedia secara benar.Kata kunci: Upah, Kesejahteraan, Pekerja Outsourcing, Pengadaan Barang/Jasa

III.48 Procedures under the Government Procurement Agreement

2017 ◽  
pp. 460-462
Author(s):  
Robert D Anderson ◽  
Anna Caroline Müller
Keyword(s):  
Government Procurement ◽  
The Government ◽  
The Government Procurement

Study on the Problems and Countermeasures of Circular Economy Development of China's Coal Industry

2014 ◽  
Vol 1010-1012 ◽  
pp. 2080-2085
Author(s):  
Hao Liu ◽  
Xin Ling Wang
Keyword(s):  
Technological Innovation ◽  
Circular Economy ◽  
Coal Industry ◽  
Government Procurement ◽  
Protective Effects ◽  
Corporate Tax ◽  
Procurement Policy ◽  
Budget Policy ◽  
The Government ◽  
The Government Procurement

At present, the circular economy of China's coal industry achieved remarkable results, but there are many problems: extensive coal mining and utilization, corporate tax burden heavier, lack of funds of the circular economy development, the policies of the circular economy development absence. The main reasons for these problems are: lack of funds of circular economy development of coal industry, lack of professionals of circular economy development of coal industry, lack of technical support of circular economy development of coal industry, absence and not in place of policy of circular economy development of coal industry, industry and local protective effects of restricting the development of circular economy, industry regulations and standards are not perfect. To solve these problems, China should improve Industrial policy, vigorously promote technological innovation of the coal industry, should improve the tax policy, the investment budget policy and the government procurement policy.

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