Sustainable public procurement: an analysis of federal public administration from 2012 to 2016

The article presents the questions of reviewing models and mechanisms of public administration in the procurement of goods, works and services in the field of construction. A comparative analysis of the types of public procurement mechanisms in construction, based on a set of features, has shown the superiority of a centralized type of mechanism that facilitates the introduction of efficient and flexible procurement methods, for example, the conclusion of framework agreements. The author’s vision of the mechanism of state building purchases, in the form of a conceptual model and system differences, is proposed. It is determined that a decentralized model of public procurement management involves the independent implementation by purchasers of procurement, that is, allows each customer to procure goods, works and services in the field of construction. The centralized model of public administration is characterized by the implementation of public procurement in order to provide the general needs of a single body on public procurement, that is, customers commission the implementation of public procurement on their behalf, a centralized body. According to the combined model of management, public procurement in the construction industry takes place under contracts implemented under the centralized model, and the direct ordering and receipt of goods, works, or services takes place according to the rules of a decentralized model. It is noted that according to the system-wide understanding of the mechanism of public administration in the procurement of goods, works and services in the field of construction, it represents a set of specialized management technologies (methods, techniques and tools) that ensure the organization of the process of public procurement of construction products by authorized agents. The direction of this process is determined by the need to implement the principles of vali- dity and innovation, fair choice of the best bidding, prevention of corruption and ensuring the high efficiency of the implementation of public public procurement.

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Vergaberecht als Digitalisierungsfolgenrecht

Die Verwaltung ◽

10.3790/verw.52.1.65 ◽

2019 ◽

Vol 52 (1) ◽

pp. 65-98

Author(s):

Christoph Krönke

Keyword(s):

Public Administration ◽

Rule Of Law ◽

Information Technologies ◽

Public Procurement ◽

The State ◽

Effective Control ◽

Legal Requirements ◽

The Rule Of Law ◽

Margin Of Appreciation ◽

The One

Abstract The State bears a certain responsibility for the consequences of digitalizing public administration and services. The principles of democracy and the rule of law demand that the state retains effective control over the digitalized performance of ist tasks. This “digital responsibility” of the State also has an impact on the application of public procurement rules governing the procurement of information technologies and services (IT). On the one hand, ensuring digital responsibility will often mean that the contracting authority needs a broad margin of appreciation when interpreting the rules of procurementlaw – for examplewith regard to the legal requirements for choosing special procurement procedures enabling a particulary flexible IT procurement. On the other hand, the contracting authority’s digital responsibility can also be turned against it: When involving, for instance, private parties in the preparation of substantial decisions concerning the procurement of IT, the authority must keep itself well informed and may not simply take over prepared decisions. This way, the digital responsibility of the State can be (and should be) used as a distinct legal argument under public procurement law.

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US and European Public Procurement Policies for Small and Medium-Sized Enterprises (SME): A Comparative Perspective

Business and Politics ◽

10.2202/1469-3569.1367 ◽

2011 ◽

Vol 13 (4) ◽

pp. 1-41 ◽

Cited By ~ 21

Author(s):

Max V. Kidalov ◽

Keith F. Snider

Keyword(s):

Public Administration ◽

Comparative Research ◽

Public Procurement ◽

The United States ◽

Comparative Perspective ◽

Huge Amount ◽

Institutional Perspective ◽

Policy Makers ◽

European Public ◽

Policy Objectives

This paper provides a comparative perspective of public procurement policies for small and medium-sized enterprises (SME) in the United States and Europe. Public procurement is increasingly recognized as a strategic function of public administration because of the huge amount of resources it consumes, as well as the important policy objectives it seeks to promote, including SME-related objectives. Progress towards meeting SME procurement participation goals, however, remains elusive on both sides of the Atlantic. Policy makers and administrators have little comparative research upon which to draw regarding the effectiveness of various policy approaches, a shortcoming this paper seeks to address. An institutional perspective is adopted which helps explain similarities and differences in U.S. and European SME policies.

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Establishing the foundational elements of a public procurement body of knowledge

Journal of Strategic Contracting and Negotiation ◽

10.1177/2055563620947401 ◽

2018 ◽

Vol 4 (4) ◽

pp. 233-251

Author(s):

Clifford P McCue ◽

Eric Prier ◽

Joshua M Steinfeld

Keyword(s):

Empirical Study ◽

Public Administration ◽

Public Procurement ◽

Building Blocks ◽

The Body ◽

Job Tasks ◽

Roles And Responsibilities ◽

Body Of Knowledge ◽

Technical Competencies ◽

Logical Process

Public procurement scholars have been striving to identify technical and behavioral competencies to drive toward professionalization. However, there is no vetted body of knowledge that practitioners and scholars can use to establish roles and responsibilities. This empirical study outlines a logical process to identify the foundational elements of the body of knowledge, specifically technical competencies, serving as the building blocks for advancement toward a recognized profession. Findings suggest that 87 job tasks can be classified under 6 job domains that contain many of the components and conceptual constructs for the field of public procurement. These domains can improve understanding of the knowledge, skills, and abilities necessary in public administration.

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Corruption in Public Procurement: How to Fight and Prevent it?

Journal of Public Finance and Public Choice ◽

10.1332/251569213x15664519748587 ◽

2013 ◽

Vol 31 (1) ◽

pp. 93-104

Author(s):

Claudio De Rose

Keyword(s):

Public Administration ◽

Public Procurement ◽

Direct Interaction ◽

Organised Crime ◽

Public Officials ◽

Legal Doctrine ◽

Long Time ◽

Systemic Corruption ◽

Legislative Measures ◽

Technical Regulations

Abstract Corruption and public procurement often go together, at least in Italy. Corruption must be continuously fought and it is also necessary to find appropriate ways for preventing it. However, this is not easily achieved, because of the wide-ranging features of corruption, the variety of its causes and the sensitivity of the issue, including at political level and in particular where public procurement is concerned. This type of corruption has its own specific characteristics, stemming from the specificities of public procurement such as: the need for direct interaction between public officials and the private sector at every stage, from die award up to the execution of the contracts; the complexity of the legal and technical regulations on public procurement; the difficulties related to financing and thus also to payments. In all these aspects, public procurement can create opportunities for corruption, not only for sporadic, individual corruption but also for systemic corruption, which affects public administration and society as a whole, and involves organised crime to a steadily increasing extent. Since a long time, national, European and international bodies and institutions, as well as legal doctrine, have been looking into appropriate solutions to corruption in public procurement, giving also useful advice to lawmakers. In Italy, since 2012, such a reflection has led to the adoption of new legislative measures, which have recently culminated in the setting up of the Italian Anti-Corruption Authority.

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Assessing the Public Administration’s Intention in EU Economic Law: Chasing Ghosts or Dressing Windows?

Cambridge yearbook of European legal studies ◽

10.1017/cel.2016.4 ◽

2016 ◽

Vol 18 ◽

pp. 93-121

Author(s):

Albert SANCHEZ-GRAELLS

Keyword(s):

European Union ◽

Public Administration ◽

Public Procurement ◽

Fundamental Rights ◽

Eu Law ◽

The European Union ◽

The Public ◽

Economic Law ◽

Right To Good Administration ◽

State Liability

AbstractHere I reflect on the role of subjective or intentional elements in EU economic law prohibitions, particularly in relation to rules concerning public administration. From a normative perspective, it is desirable to suppress the need for an assessment of subjective intent and to proceed with an objectified enforcement of such prohibitions. With this in view, I consider public procurement and Member State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction – sometimes veiled – of subjective elements in their main prohibitions. I establish parallels with other areas of EU economic law – such as antitrust, non-discrimination law and the common agricultural policy – and seek benchmarks to support the main thesis that such intentional elements need to be ‘objectified’, so that EU economic law can be enforced against the public administration to an adequate standard of legal certainty. This mirrors the development of the doctrine of abuse of EU law, where a similar ‘objectification’ in the assessment of subjective elements has taken place.I draw on the case law of the Court of Justice of the European Union to support such ‘objectification’ and highlight how the Court has been engaging in such interpretative strategy for some time. The paper explores the interplay between this approach and more general protections against behaviour of the public administration in breach of EU law: the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union and the doctrine of State liability for infringement of EU law. I conclude with the normative recommendation that the main prohibitions of EU economic law should be free from subjective elements focused on the intention of the public administration.

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The Science of Public Procurement and Administration. International Public Procurement Conference

Advances in Politics and Economics ◽

10.22158/ape.v1n2p80 ◽

2018 ◽

Vol 1 (2) ◽

pp. 80

Author(s):

Robert Agwot Komakech

Keyword(s):

Public Administration ◽

Public Procurement ◽

Empirical Studies ◽

Art And Science ◽

Public And Private ◽

Policy Makers ◽

Us Congress ◽

Railway Networks ◽

Close Relationship ◽

Infant Stage

This paper reviewed Benon C. Basheka book’s chapter on the Science of Public Procurement and Administration published by International Public Procurement Conference in 2013. The objective of the review was to expand on the origin of procurement, highlight the areas that make public procurement discipline to be an art or science and make recommendations for policy makers and researchers. The author found that public procurement is still at its infant stage with little known theory though it has a close relationship with public administration. Although public procurement has existed from the time man started trade, procurement was chaotic and disorganized since there was nothing unethical or illegal about receiving kickbacks from contractors. The author also found that, procurement had no regulations until 1792 when US Congress passed procurement legislation. The major procurement between 300 B.C-3000 B.C was construction of roads, bridges, railway networks and supplies of foodstuffs, army uniforms and fighting equipments. The study also reveals procurement as a blend of art and science because it is both a theoretical field and an area of practice. The theoretical field (art) is concerned with the teaching or academic study while the practice (science) deals with the day to day activities of procuring and disposing entities. The author, therefore recommends scholars to conduct empirical studies among procurement researchers, lecturers and practitioners in relation to the field procurement should belong to so as to have consensus on procurement field/discipline as it was done with procurement meaning. Finally, since there is no consensus between public and private procurement agenda; it means procurement is not a pure science but it is an art and science.

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Znaczenie Biuletynu Informacji Publicznej w zapewnieniu jawności działań administracji publicznej na przykładzie zamówień publicznych

Prawo ◽

10.19195/0524-4544.323.25 ◽

2017 ◽

Vol 323 ◽

pp. 277-287

Author(s):

Adam Mika

Keyword(s):

Public Administration ◽

Public Procurement ◽

Great Influence ◽

Public Information ◽

Direct Access ◽

Information Bulletin ◽

Public Contracts ◽

The Impact

The importance of Public Information Bulletin BIP for realizing transparency of public administration activities in public procurement area Public Information Bulletin BIP has a great influence on direct access to public information. Its importance is bigger and bigger in Public Procurement Law nowadays. Publications in BIP are currently required in cases of in house-procurement and public contracts for social and other specific services. The aim of this paper is to evaluate the impact of BIP on transparency of public administration activities in public procurement area, especially the impact of the lack of publication in BIP on validity of contracts.

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Gestão de níveis de serviços: um instrumento para aprimorar as contratações da administração pública estadual e municipal

RACE - Revista de Administração Contabilidade e Economia ◽

10.18593/race.v0i0.13253 ◽

2017 ◽

pp. 13-42

Author(s):

Paulo Silvestre Schmitt ◽

Clerilei Aparecida Bier

Keyword(s):

Public Administration ◽

Public Procurement ◽

Service Level Agreement ◽

Service Level ◽

Contract Management ◽

Court Decisions ◽

Service Level Management ◽

State Audit ◽

Public Contracts ◽

Audit Reports

A fiscalização de contratos administrativos, apesar da sua importância nas contratações públicas, é uma atividade que o Estado frequentemente tem dificuldades em operacionalizar e garantir aderência à legislação. Neste estudo avaliou-se qualitativamente se a introdução de acordos de níveis de serviços nos contratos administrativos e o estabelecimento da gestão de níveis de serviços (GNS) nas instituições públicas estaduais e municipais minimizariam não conformidades em suas contratações. Para tanto, os pesquisadores realizaram uma revisão sistemática na teoria da GNS e a confrontaram com os achados de uma análise de conteúdo aplicada em jurisprudências e relatórios de auditorias feitos pelo TCE/SC no período de 2006 a 2014, alicerçada por sete categorias de análise inspiradas na Lei de Licitações (Lei n. 8.666/1993). Ficou demonstrado que, para as não conformidades enquadradas nas categorias de análise, há respostas na GNS com potenciais para aprimorar as contratações públicas, desde que a sua adoção considere as particularidades da administração pública brasileira.Palavras-chave: Acordo de nível de serviço. SLA. SLM. Administração pública. Contratos administrativos. Abstract The supervision of public contracts, despite its importance in public procurement, is an activity that the state often has difficulties in operationalizing and ensuring adherence to the legislation. This study examined qualitatively whether the introduction of service level agreements in public contracts and the establishment of service level management (SLM) in state and municipal institutions would minimize nonconformities in their hiring. Therefore, the researchers underwent a systematic review of the theory of SLM and then confronted it with the findings of the content analysis applied in court decisions and audit reports performed by the Santa Catarina State Audit Court from 2006 to 2014, supported by seven categories of analysis inspired by the Brazilian Bidding Law (n. 8.666/1993). It demonstrated that, for the non-conformities classified in the categories of analysis, compelling answers exist in SLM with potential to improve public administration contracting, as long as its adoption consider the particulars of the Brazilian public administration.Keywords: Service level agreement. SLA. Public administration. Contract management.

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Los Sistemas de Información en el Sector Público en el Ecuador: Estudio de Caso la Autoridad Portuaria de Puerto Bolívar // Information Systems in the Public Sector in Ecuador: Case Study of the Port Authority of Puerto Bolivar

Ciencia Unemi ◽

10.29076/issn.2528-7737vol11iss26.2018pp25-37p ◽

2018 ◽

Vol 11 (26) ◽

pp. 25

Author(s):

Verónica Armijos-Neira ◽

Orlando Enderica-Armijos ◽

Maria Eugenia Palomeque-Solano ◽

Javier Bermeo

Keyword(s):

Information Systems ◽

Public Administration ◽

Public Procurement ◽

National Level ◽

Management Training ◽

Public Works ◽

Port Authority ◽

Sistemas De Informacion ◽

Estudio De Caso

El presente artículo analiza los beneficios obtenidos en los procesos de la gestión administrativa gubernamental en Ecuador relacionada a los Sistemas de Información (SI) tomando como estudio de caso a la Autoridad Portuaria de Puerto Bolívar. Para lo cual se analizaron las características generales y los procesos relacionados a la administración pública de los SI: Servicio Nacional de Contratación Pública, Sistema de Transporte y Obras Públicas y Gestión por Resultados en el Departamento de Infraestructura. Se concluye que los SI están alineados con los objetivos de la administración pública que la literatura menciona, los cuales son eficacia y eficiencia en los procesos. Además de la automatización, segregación de roles y transparencia en el manejo de la información. Sin embargo, se deben mejorar los manuales de usuarios en cuanto a interacción y nivel de detalle y el proceso de capacitación en el manejo de los mismos. Por ser un estudio exploratorio, el cual se basó en un estudio de caso, queda pendiente el análisis de los SI a nivel nacional, pudiendo tomar como referencia el enfoque de análisis en este artículo y comparar los posibles resultados con los trabajos futuros. AbstractThis article analyzes the profits obtained during the administrative government management in Ecuador and its relation with Information Systems (IS). This article uses Port Authority of Puerto Bolivar as a case study, and the analysis of general characteristics and the processes related to the following IS public administration: National Service of Public Procurement, National Public Procurement System Transport and Public Works, Results Based Management in the Infrastructure Department. It was concluded that the IS are aligned with the objectives of public administration (effectiveness and efficiency in the processes), in addition to the automation, segregation of roles and transparency in the handling of the information. However, it is recommended to improve the users’ manuals in terms of interaction, level of detail and management training process. Because it is a qualitative research, based on a case study, the analysis of the IS at the national level is a topic that needs further research. Although, we were able to take this case as focus reference in this paper and compare the possible outcomes with future work.

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