scholarly journals The practice of performance-based contracting in developing countries' public procurement: the case of ethiopia

2017 ◽  
Vol 17 (3) ◽  
pp. 402-431 ◽  
Author(s):  
Baynesagn Asfaw Ambaw ◽  
Jan Telgen
Keyword(s):  
Developing Countries ◽  
Public Procurement ◽  
Public Organizations ◽  
Efficient Utilization ◽  
The Public ◽  
Public Resources ◽  
The Law

Performance-Based Contracting (PBC) is widely accepted as a useful tool. It is believed that the use of PBC can assist the efficient utilization of the public resources. The objective of this research is to assess the extent of PBC application and the obstacles to applying it in the public procurement systems of developing countries. Interviews and factual analysis of procurement guidelines and contracts are used to collect data for this research. The analysis results indicate that the majority of public organizations have not yet used PBC even though it is allowed by the law. This is due partly to lack of clarity in the procurement laws and lack of capacity to use PBC.

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.

Effectiveness of Public Procurement Act (PPA), in Curbing Corruption in the Public Service in Nigeria – A Study of Selected MDAs in FCT,Abuja

2020 ◽  
Vol 7 (1) ◽  
pp. 42-58
Author(s):  
Kanu Success Ikechi ◽  
Benedict Anayochukwu Ozurumba ◽  
Akuwudike Hilary Chinedum
Keyword(s):  
Public Service ◽  
Personal Information ◽  
Public Procurement ◽  
Sampling Technique ◽  
Political Will ◽  
The Public ◽  
Goods And Services ◽  
Public Resources ◽  
Different Dimensions ◽  
Convenience Sampling

This study investigated the effect of Public Procurement Act (PPA), 2007 in curbing corruption in public services in Nigeria. The research is prompted by the sheer waste of public resources in the process of public procurements which necessitated the enactment of the PPA in 2007. The operations of the Act requires constant appraisal in order to achieve the desired objectives, hence the main goal of this study. Convenience sampling technique was used to collect data from a sample of 50 staff from 3 select MDA’s operating at the FCT, Abuja. Questionnaires were used to collect data and this was administered through personal delivery. The survey questionnaire measured the different dimensions of corruption in public service in Nigeria. The research design used 2 scales to collect the data. The nominal scale was used to collect personal information about respondents while an open ended questionnaire format was used to measure the response of all dimensions on subject matter .Data analysis was performed with the aid of simple percentages and descriptive statistics. Result obtained establishes that the PPA has helped to curb corrupt practices, improved on transparency and accountability in procurement process. It has minimized discrimination in the awards of contract. It has also helped to facilitate the procurement of works, goods and services in the select MDA’s. Most of the respondents opined that they have adequate value for money in their procurements but that goods and services procured may not have been delivered on time. The major problems confronting procurement practice in some of the select MDA’s include lack of experienced staff and inadequate training. Thus, the study recommends a strong commitment to capacity building and the political will to implement the PPA at all tiers of government in Nigeria. The federal government should be determined in her resolve to fight corruption. This is very crucial for an effective public procurement practice in Nigeria

scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza
Keyword(s):  
Public Procurement ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Legal Framework ◽  
Public Institutions ◽  
P Value ◽  
Public Officials ◽  
The Public ◽  
Political Interference ◽  
The Law

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

scholarly journals Features of using the electronic system ProZorro in public procurement in Ukraine: problems and ways to overcome them

2021 ◽  
pp. 100-113
Author(s):  
Natalia Ponomarenko ◽  
Christina Voznyakovska ◽  
Julia Nemish
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Positive Impact ◽  
Public Procurement ◽  
Electronic System ◽  
Tender Offers ◽  
The Public ◽  
General Scientific ◽  
The Law ◽  
Procurement System

Summary The purpose of the article is to study the problematic aspects of the functioning of the electronic public procurement system ProZorro in Ukraine and to develop proposals for minimizing abuses in the field of tender procedures. Research methods: The article uses general scientific research methods, in particular: synthesis analysis – in the study of scientific literature and determining the features of the electronic public procurement system ProZorro; economic and statistical analysis and comparison – with indicators of public procurement in Ukraine; generalization – when developing recommendations for minimizing abuses in the field of public procurement within the electronic system ProZorro. Scientific novelty: is to determine the main mechanisms of abuse in the field of public procurement in order to obtain illegal benefits: the fragmentation of contracts and the development of sub-threshold trade procedures and justification of ways to minimize them. In particular, in the article It is substantiated that non-competitive tender offers carry high corruption risks and lead to inflated prices for the supply of goods, services and works. It is proposed to amend the Law of Ukraine «On Public Procurement» in order to prohibit the conclusion of additional agreements after the tender; prohibition to change the conditions of the tender and tender documentation after the announcement of tenders; prohibitions to combine goods into one lot and set maximum payment terms for delivered goods for more than 30 calendar days. Conclusions: The study concludes that the electronic public procurement system ProZorro has a positive impact on the development of public procurement in Ukraine, as it increases the transparency of bidding and tender procedures, expands opportunities for participation in tenders of small and medium-sized businesses and more. However, shortcomings, first of all, in the law enforcement and judicial system of Ukraine are caused by frequent cases of corruption schemes in the public procurement system both within the ProZorro system and outside it. Elimination of corruption schemes in the public procurement system is possible subject to amendments to the Law of Ukraine «On Public Procurement». Keywords: public procurement, ProZorro, tender, tender offer, electronic bidding, competitive and non-competitive procedures.

scholarly journals Conspiracy of Corporate Networks in Corruption Scandals

2021 ◽  
Vol 9 ◽  
Author(s):  
J. R. Nicolás-Carlock ◽  
I. Luna-Pla
Keyword(s):  
Organized Crime ◽  
Public Procurement ◽  
Bipartite Network ◽  
Corporate Ownership ◽  
Corporate Networks ◽  
State Institutions ◽  
The Public ◽  
Public Resources ◽  
Network Properties ◽  
Network Metrics

Corruption in public procurement transforms state institutions into private entities where public resources get diverted for the benefit of a few. On this matter, much of the discussion centers on the legal fulfillment of the procurement process, while there are fewer formal analyses related to the corporate features which are most likely to signal organized crime and corruption. The lack of systematic evidence on this subject has the potential to bias our understanding of corruption, making it overly focused on the public sector. Nevertheless, corruption scandals worldwide tell of the importance of taking a better look at the misuse and abuse of corporations for corrupt purposes. In this context, the research presented here seeks to contribute to the understanding of the criminal conspiracy of companies involved in public procurement corruption scandals under a network and complexity science perspective. To that end, we make use of a unique dataset of the corporate ownership and management information of four important and recently documented cases of corruption in Mexico, where hundreds of companies were used to embezzle billions of dollars. Under a bipartite network approach, we explore the relations between companies and their personnel (shareholders, legal representatives, administrators, and commissioners) in order to characterize their static and dynamic networked structure. In terms of organized crime and using different network properties, we describe how these companies connect with each other due to the existence of shared personnel with role multiplicity, leading to very different conspiracy networks. To best quantify this behavior, we introduce a heuristic network-based conspiracy indicator that together with other network metrics describes the differences and similarities among the networks associated with each corruption case. Finally, we discuss some public policy elements that might be needed to be considered in anti-corruption efforts related to corporate organized crime.

Legal consequences of refusal of public procurement authority to conclude the contract with the winner of the competitive procurement procedure

2021 ◽  
pp. 60-68
Author(s):  
S. S. Dombaev
Keyword(s):  
Public Procurement ◽  
Best Interests ◽  
Federal Law ◽  
The Public ◽  
Public Nature ◽  
The Law ◽  
Procurement Procedure ◽  
Legal Consequences ◽  
Legal Entities

This article proposes to consider the debatable question regarding the legal consequences associated with the refusal of public procurement authority to conclude an agreement with the winner of the competitive procurement procedure conducted in accordance with the Federal Law dated 18.07.2011 No. 223 — FZ “On the procurement of goods, work, services by certain types of legal entities” (hereinafter — “Law No. 223”, the Law on Corporate Procurement). The article doubts the attempts to justify from the current legislation standpoint the existence of the obligation of the public procurement authority to conclude an agreement with the winner of the competitive procurement procedure provided with the possibility of judicial enforcement. In the absence of such an obligation, the author suggests to review the legal measures available to the winner of the competitive procurement procedure in order to protect its interests. At the same time, the article states that such measures are insufficient to the best interests of the winner of the competitive procurement procedure and does not comply with the public nature of relations in the field of corporate procurement. It is proposed to amend the Law on Corporate Procurement to eliminate these inconsistencies.

The Public Procurement System in Russia: Toward a New Quality

2010 ◽  
pp. 88-107 ◽  
Author(s):  
A. Yakovlev ◽  
O. Alliluyeva ◽  
I. Kuznetsova ◽  
A. Shamrin ◽  
M. Yudkevich ◽  
...  
Keyword(s):  
Public Procurement ◽  
Legal Practice ◽  
Current Version ◽  
The Public ◽  
The Law ◽  
Procurement System

This paper examines main principles that form the basis of the Law on placement of orders for public procurement (94-FL) in its current version. The authors outline a whole set of positive changes as well as negative developments following this legal practice. They pay special attention to discussion of problems and imperfections in the system singled out by real participants in the procurements. The authors formulate a range of challenges and tasks to be solved in a new version of the Law on public procurement, and offer an indispensable set of conditions to be allowed for solution of these tasks.

16. Charitable trusts

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Attorney General ◽  
Public Organizations ◽  
Voluntary Organizations ◽  
The Public ◽  
Private Profit ◽  
Charity Commission ◽  
The Law ◽  
Charitable Activities

This chapter delves further into the legal definitions and provisions for charitable trusts. Charities must follow purposes recognized as such in law, and are required to demonstrate that they carry out their activities to the benefit of the public at large. Similarly, an organization that carries out charitable purposes must be ‘exclusively charitable’, which, in practice, means if it pursues non-charitable activities, they must be ancillary to the main charitable purposes. Charities have no named beneficiaries, so the law is enforced by the Attorney-General and the Charity Commission on behalf of the public. Organizations which nonetheless do good, and may exist for reasons other than private profit are referred to as (non-charitable) voluntary organizations.

Can public procurement be strategic? A future agenda proposition

2019 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Patricia Guarnieri ◽  
Ricardo Corrêa Gomes
Keyword(s):  
Web Of Science ◽  
Public Procurement ◽  
Relevant Literature ◽  
Supplier Management ◽  
Content Type ◽  
The Public ◽  
Best Value ◽  
Public Resources ◽  
Basic Protocol ◽  
Strategic Procurement

Purpose This paper aims to demonstrate how public procurement can be strategic. Design/methodology/approach A systematic literature review (SLR) was conducted following the protocol from Pagani, Kovaleski and Resende (2015), called Methodi Ordinatio, to select the relevant literature on this topic. The analysis of papers selected was carried out following the procedures of categorical content analysis (Bardin, 1977). Findings In all, 68 full papers were analyzed from Science Direct and Web of Science. The results present the main characteristics of publications analyzed and the authors propose some categories of strategic practices related to public procurement that are in turn related to: sustainability, partnerships and supplier management, information systems and technology and other issues. Research limitations/implications The main limitations of this paper are: the publication period considered of the articles selected is from January 2012 to March 2017; the databases Science Direct and Web of Science are selected as the sources of articles; the Methodi Ordinatio is used as the basic protocol of the SLR and, consequently, the inclusion and exclusion criteria described in the steps of the protocol are used. Practical implications Showing how the public procurement can be strategic, this paper highlights the benefits of best procurement practices; similarly, it highlights those practices adopted by the private sector, which can highly contribute to the creation of value in public services that are aligned with the concept of obtaining “the best value for money”. Social implications The incorporation of strategic practices in public procurement can result in the best expenditure of public resources and the reduction of corruption in the process of procurement. Originality/value This paper contributes to synthesize the knowledge on strategic procurement, a topic exploited by few people in the public organizations. It differentiates from other literature reviews already published, considering that these studies do not deal, specifically, with public procurement and, also, do not use protocols of SLR. Moreover, this paper indicates a future agenda of research, which can aid researchers and practitioners acting in this field of knowledge.

scholarly journals Possibilities of the Contracting Authority to Amend the Public Procurement Contract/Framework Agreement

2021 ◽  
Vol 27 (2) ◽  
pp. 72-77
Author(s):  
Ioan Gabriel Popa
Keyword(s):  
Public Procurement ◽  
Framework Agreement ◽  
Procurement Process ◽  
The Public ◽  
Procurement Contract ◽  
The Law ◽  
The Way

Abstract The experience gained in the field of public procurement leads me to the statement that the activity of amending the public procurement contract / framework agreement is a challenging activity for the contracting authority. Maybe not from the perspective of elaborating the documents necessary to operate the change or changes that may be required during the development of the public procurement contract / framework agreement, but rather from the perspective of the solutions offered by the law, solutions that cover only certain areas. Starting from the normative acts in force, this paper aims to identify the situations and the way in which the contracting authority can modify the public procurement contract / framework agreement, the documents to be elaborated and the effects that the modifications might entail. In order to increase transparency, predictability and coherence in relation to the operation of contractual changes, contracting authorities should carry out analyses after each public procurement process as well as of the various practical situations encountered during the execution of contracts.

Sign in / Sign up

Export Citation Format

Share Document