Suppliers’ collusion in public procurement: ex-ante determinants in zero initial contract price decrease auctions (the case of Russian healthcare)

2021 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Olga N. Bezhenar ◽  
Anastasia A. Golubeva ◽  
Evgenii V. Gilenko ◽  
Andrew Ivanov
Keyword(s):  
Public Procurement ◽  
Contract Price ◽  
Ex Ante

scholarly journals Contract for Public Procurement in Terms of Private Law

2021 ◽  
Vol 80 (1) ◽  
pp. 139-143
Author(s):  
О. Л. Зайцев ◽  
С. В. Ясечко
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Critical Analysis ◽  
Public Procurement ◽  
The Public ◽  
Contract Price ◽  
Provision Of Services ◽  
Procurement Procedure ◽  
The Cost ◽  
Civil Contract

The authors have analyzed the way of the origin and consolidation of the public procurement procedure in the Ukrainian national law from 1993 till the present day. That allowed us to determine the main conditions of public procurement, which have not changed during the whole period of existence of the independent legal system of Ukraine, and to critically evaluate them. Namely, the basis for payment is a report on the results of public procurement during the procurement of goods, works or services, and the cost of procurement should have been equal to or have exceeded the amount of UAH 200,000. The main scientific works focused on the consideration of public procurement issues in various branches of Ukrainian law have been summarized. The concept of the contract for procurement has been generalized and its features have been listed: the contract for procurement is an agreement between the customer and the participant (most of the parties), aimed at establishing, transferring or terminating property rights and obligations, which is concluded as a result of the procurement procedure and which provides the acquisition of freehold interest in the property, provision of services or performance of works. The main conceptual contradictions between the contract for procurement, the civil contract and the commercial agreement have been established and characterized. Based on the analysis of tender, civil and commercial legislation, the authors have carried out a critical analysis of the contract for procurement in terms of understanding and essential terms of the general civil contract, namely: violation of the concept of free agreement between the parties, non-compliance with equality of the rights, unreasonable narrowing of the contract for procurement up to the provision of services, performance of works or acquisition of ownership for goods, which contradicts the draft contract included in the tender documentation, the impossibility of reducing the contract price in the direction of reduction as agreed by the parties, the lack of electronic form of the contract for procurement provided by the tender legislation.

The Rationale behind Implementation of New Electronic Tools for Electronic Public Procurement

2015 ◽  
pp. 2258-2290
Author(s):  
Nataša Pomazalová ◽  
Stanislav Rejman
Keyword(s):  
Decision Making ◽  
Public Sector ◽  
Public Procurement ◽  
Organizational Structures ◽  
Information Flows ◽  
Effective Implementation ◽  
Dynamic Transformation ◽  
Public Sector Organizations ◽  
Ex Ante ◽  
Transformation Processes

This chapter focuses on the effective implementation of new electronic tools for Public e-Procurement in public sector organizations. While an analysis of the characteristics of transformation processes necessary for the development of e-Government and the choice between Public e-Procurement tools is theoretically already well developed, there are still a number of ambiguities in the approaches of rationalization implementation of these. A deeper understanding of the decision-making phenomenon in general is provided. Flexibly adjusting the e-Government strategy on dynamics of the development of Public e-Procurement tool ex ante or leading in an effort to change the organizational structures, information flows, and constraints in which public sector organizations operate in the area of Public e-Procurement. Public e-Procurement tools are selected for the analysis, because interesting progress is expected here. Results from the nature of the dynamic transformation processes and decision-making show the need to support changes in the environment arising from the development of e-Government.

scholarly journals Efficiency of Public Procurement in the Czech and Slovak Health Care Sectors

2021 ◽  
pp. 115-133
Author(s):  
Juraj NEMEC ◽  
Matúš KUBÁK ◽  
Gleb DONIN ◽  
Zuzana KOTHEROVÁ
Keyword(s):  
Health Care ◽  
Czech Republic ◽  
Technical Efficiency ◽  
Health Systems ◽  
Public Procurement ◽  
Health Care Facilities ◽  
Policy Implications ◽  
The Czech Republic ◽  
Allocation Efficiency ◽  
Ex Ante

Health systems in most (if not all) countries perpetually struggle with financial problems and search for resources to cover health care needs. Increased efficiency of health procurement has the potential to save a lot of money and to reallocate them to treatments. The aim of our study is to analyze technical efficiency (efficiency/economy dimension) and allocation efficiency (effectiveness) of public procurement in health care facilities in the Czech Republic and Slovakia, countries whose health systems are governed by the principle of universal access to high quality health services. Concerning the technical efficiency, the results show a low rate of competitiveness whereby the potential of competition is not exploited. In terms of allocation efficiency, our research also sufficiently illustrates the criticality of the situation; however, compared to the element of technical efficiency the situation in the evaluated countries is different. In Slovakia, purchases are usually decided by doctors and procurement is prepared without the necessary ex-ante analysis. In the Czech Republic, the ex-ante evaluation of purchasing of medical equipment is regulated, however, the decision-making process is non-transparent and does not guarantee allocative efficiency. The study has critical policy implications – both countries should urgently adopt measures to improve their respective procurement processes.

Discretion and Supplier Selection in Public Procurement

2020 ◽  
Author(s):  
Audinga Baltrunaite ◽  
Cristina Giorgiantonio ◽  
Sauro Mocetti ◽  
Tommaso Orlando
Keyword(s):  
Decision Making ◽  
Labor Productivity ◽  
Supplier Selection ◽  
Public Procurement ◽  
Public Works ◽  
Public Funds ◽  
Ex Ante

Abstract Public procurement outcomes depend on the ability of the procuring agency to select well-performing suppliers. Should public administrations be granted more or less discretion in their decision-making? Using Italian data on municipal public works tendered in the period 2009–13, we study how a reform extending the scope of bureaucrat discretion affects supplier selection. We find that the share of contracts awarded to politically connected firms increases while the (ex ante) labor productivity of the winning firm decreases, thus suggesting a potential misallocation of public funds. The results are heterogeneous across procuring agencies: the effects on supplier selection are primarily concentrated among less qualified and less transparent administrations. (JEL D72, D73, H57, P16)

scholarly journals Technology for Automated Search and Detection of Overpriced Road Construction and Repair Public Procurement Contracts

2018 ◽  
Vol 3 (2) ◽  
pp. 458
Author(s):  
Domashova D.V. ◽  
Pisarchik E.E. ◽  
Lifar A.V.
Keyword(s):  
Money Laundering ◽  
Public Procurement ◽  
Market Price ◽  
Road Construction ◽  
Terrorist Financing ◽  
Contract Price ◽  
Automated Monitoring ◽  
Procurement Contracts ◽  
Suspicious Activity ◽  
Automated Search

The paper presents the results of the use of the technology developed by the authors for automated monitoring of financial and economic events corresponding to formalized typologies of suspicious activity in the area of public procurement developed by the Eurasian Anti-Money-Laundering and Combating Terrorist Financing Group (EAG). For this work, a typology based on deviation of contract price from market price in road construction and maintenance was chosen. Keywords: public procurement, road construction and repair, AML/CFT, suspicious activity, typology

The Rationale behind Implementation of New Electronic Tools for Electronic Public Procurement

2012 ◽  
pp. 85-117 ◽  
Author(s):  
Nataša Pomazalová ◽  
Stanislav Rejman
Keyword(s):  
Decision Making ◽  
Public Sector ◽  
Public Procurement ◽  
Organizational Structures ◽  
Information Flows ◽  
Effective Implementation ◽  
Dynamic Transformation ◽  
Public Sector Organizations ◽  
Ex Ante ◽  
Transformation Processes

This chapter focuses on the effective implementation of new electronic tools for Public e-Procurement in public sector organizations. While an analysis of the characteristics of transformation processes necessary for the development of e-Government and the choice between Public e-Procurement tools is theoretically already well developed, there are still a number of ambiguities in the approaches of rationalization implementation of these. A deeper understanding of the decision-making phenomenon in general is provided. Flexibly adjusting the e-Government strategy on dynamics of the development of Public e-Procurement tool ex ante or leading in an effort to change the organizational structures, information flows, and constraints in which public sector organizations operate in the area of Public e-Procurement. Public e-Procurement tools are selected for the analysis, because interesting progress is expected here. Results from the nature of the dynamic transformation processes and decision-making show the need to support changes in the environment arising from the development of e-Government.

scholarly journals ANALYSIS OF ECONOMY IN PROCUREMENT FOR PUBLIC NEEDS BASED ON A SYSTEM AND RISK-BASED APPROACHES

2021 ◽  
pp. 80-93
Author(s):  
Evgeniya Demakova ◽  
Larisa Demina ◽  
Viktoria Menshikova
Keyword(s):  
Public Procurement ◽  
Financial Resources ◽  
Special Role ◽  
Main Criterion ◽  
Risk Zone ◽  
Contract Price ◽  
Government Organizations ◽  
Beneficial Effects ◽  
The World ◽  
Socio Economic Development

The efficiency of public procurement today is considered all over the world as a complex of effects that ensure sustainable socio-economic development of the country. Among these effects, a special role is played by budget savings obtained as a result of tenders. In this case, the average number of submitted bids for one purchase is considered as the main criterion for competition in purchases and a condition for the growth of financial savings. We assume that this criterion is not sufficient for a qualitative analysis of such savings and balanced management of all the beneficial effects of public procurement. Using a systematic and risk-based approach, we have formulated an extended list of indicators that allow us to identify opportunities for increasing savings and risks of deterioration of other characteristics of procurement. The study of the proposed indicators by statistical methods was carried out on the example of purchases by the Kaliningrad customs. A differentiated analysis of the savings obtained as a result of auctions with different numbers of bids submitted showed a relationship between the initial contract price, the level of competition in procurement and the amount of saved financial resources. At the same time, it was revealed that a significant share of auctions in value terms is held without competition, and among those held with high competition, the share of the risk zone is too high, where the winner of the auction reduces the initial contract price by 25% or more. Further testing of the approaches we have formulated to a multidimensional assessment of the budget savings will reveal patterns in ensuring the efficiency of procurement for government organizations of various territorial and departmental affiliations.

scholarly journals ON CERTAIN LEGAL AND ORGANIZATIONAL ASPECTS OF PUBLIC PROCUREMENT IN RUSSIA

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 72-80
Author(s):  
Светлана Сергеевна ГОРОХОВА
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Legal Aspects ◽  
Special Focus ◽  
Unresolved Issue ◽  
Scientific Methods ◽  
Contract Price ◽  
Effective Implementation ◽  
The Russian Federation

The paper is devoted to the analysis of certain organizational and legal aspects of the regulation of the contract system in the field of procurement for state and municipal needs. The purpose of the study is to identify legal and enforcement issues that impede the effective implementation of public procurement procedures in the Russian Federation. In order to achieve this purpose, the author uses a dialectic approach, applying a whole range of general and specific scientific methods, with a special focus on topical statistics. Results: the conclusion is drawn about the instability of the procurement law, its procedural bias, the unresolved issue of determining the initial (maximum) contract price, monopolization of procurement of small quantities of SET (single trade aggregate). It is concluded that there is a need to review approaches to determining the effectiveness of procurement procedures and to increase the responsibility of customers in this area.

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