scholarly journals Realisation of Public Procurement during the COVID-19 Pandemic

2021 ◽  
Vol 3 ◽  
pp. 111-121
Author(s):  
Zbigniew Leszek Mazur
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Mutual Obligation ◽  
The Impact ◽  
Proper Performance

The article deals with the analysis of major changes introduced to the Polish Public Procurement Law for the reason of the outbreak of the COVID-19 pandemic. First of all, the regulation in this area concerns the exclusion of the Public Procurement Law application in respect of necessary procurements. In addition, the legislator has introduced a mutual obligation to communicate about the impact of circumstances relating to the occurrence of COVID-19 on the proper performance of the contract and, as a consequence, the possibility of amending the public procurement contract. The last regulation has introduced solutions to reduce the costs of participation in tender proceedings and to encourage contractors to participate in public tenders.

THE CONTRACT SYSTEM OF PUBLIC PROCUREMENT IN RUSSIA: PROBLEMS OF FUNCTIONING AND WAYS OF THEIR SOLUTION

2020 ◽  
Author(s):  
Irina Alekseevna Burkina ◽  
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legislative Regulation ◽  
Procurement Planning

The article is devoted to the problems of public procurement planning, dishonesty of customers and bidders, abuse of non-competitive methods of determining the winner and imperfection of legislative regulation. The main goal of this study is to identify possible ways to improve the public procurement contract system in Russia.

scholarly journals Best Value Approach in Public Procurement: Improving ‘Best’ through Enhanced Preparation Phase

2020 ◽  
Vol 10 (1) ◽  
pp. 66-83
Author(s):  
Frank Steller
Keyword(s):  
Public Procurement ◽  
Customer Relationships ◽  
Theory Building ◽  
The Public ◽  
Innovative Method ◽  
Best Value ◽  
Preparation Phase ◽  
The Impact

The Best Value Approach (BVA) offers an innovative method to get the most out of Supplier-Customer Relationships (SCRs). This paper argues that the preparation phase should be enhanced when applying BVA in the context of public procurement. Literature on SCRs learns how successful relationships are governed bilaterally during execution. This literature also describes which processes are taking place prior to contracting. Here, the concepts of this literature areapplied to analyses the specific public procurement context. The impact of this context is, that the tender process is governed unilaterally. Further, BVA - as applied in public procurement - is viewed through the lenses of the SCR literature. Although BVA partly leads to bilateral governance, the impact of the public procurement context remains. For practitioners wanting to improve BVA’s effect in public procurement, the paper offers an enhancement of the approach. For theory building, the analysis leads to a further differentiation of the concept of governance. For regulators, it offers something to consider: focus on principles or rules?

scholarly journals ARBITRATION OF THE DISPUTES IN CONNECTION WITH PUBLIC PROCUREMENT CONTRACTS IN BOSNIA AND HERZEGOVINA

2021 ◽  
pp. 65-72
Author(s):  
Z. Grbo
Keyword(s):  
Bosnia And Herzegovina ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legal Nature ◽  
Arbitration Procedure ◽  
Procurement Contracts

In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.

Out of sight, out of mind? Supplier spatial proximity in French public procurement

2014 ◽  
Vol 27 (6) ◽  
pp. 486-500 ◽  
Author(s):  
Olivier Mamavi ◽  
Haithem Nagati ◽  
Frederick T. Wehrle ◽  
Gilles Pache
Keyword(s):  
Public Procurement ◽  
Spatial Proximity ◽  
Management Competencies ◽  
Content Type ◽  
The Public ◽  
Feature Evaluation ◽  
Negative Effect ◽  
New Type ◽  
The Difference ◽  
The Impact

Purpose – The purpose of this paper is to study the impact of spatial proximity on supplier selection in the French public sector. While French public procurement legislation forbids consideration of supplier location in the procurement process, public contractors may still rely on spatial proximity for complex transactions necessitating mutual adjustments with suppliers. Design/methodology/approach – Using French Official Journals (BOAMP), the authors compiled 565,557 transactions completed on three public procurement markets between 6,182 contractors and 26,570 suppliers, over a period of six years (between 2006 and 2011). The authors conducted a two-level hierarchical linear auto-regression analysis and a feature evaluation analysis for all transactions. Findings – The paper finds significant variation between the transactions on different markets: a negative effect of spatial proximity on the number of contract notices in the public market and a positive effect of spatial proximity on the number of notices in the services and supplies markets. The difference lies in the levels of mutual adjustment required to optimally manage the relationship between public contractor and supplier. Research limitations/implications – The research is based on an econometric analysis conducted uniquely in the French context, which calls into question the external validity of the results obtained. The study also rests on segmentation into three aggregate markets, which might be considered too general. Originality/value – Rather than analyze public contractors’ perceptions of the importance of the criterion of spatial proximity, the paper examines 565,557 actual transactions. The results point to the emergence of a new type of relationship with certain suppliers, which should lead public contractors to integrate relationship management competencies, in addition to legal and economic competencies, in the organization of calls for tenders.

scholarly journals Public Procurement as the Object of Audit and Management of the United Rural Territorial Communities in the Context of Decentralization

2021 ◽  
pp. 142-148
Author(s):  
Walery Okulicz-Kozaryn ◽  
◽  
Kateryna Melnyk ◽  
Keyword(s):  
Public Procurement ◽  
General System ◽  
The State ◽  
Economic Feasibility ◽  
Procurement Process ◽  
The Public ◽  
State Audit ◽  
Decision Making System ◽  
Control Procedures ◽  
The Impact

United territorial communities in the context of decentralization are authorized to carry out public procurement at their own discretion. However, additional responsibility reinforces the need to involve the institution of audit as a guarantor of the economic and social feasibility of the process. The purpose of the article is to determine the place of public procurement as one of the objects of the national audit system in order to increase the efficiency of management of united territorial communities. It was found that, despite the improvement of legislative regulation in the sphere of public procurement, the illegal, often “lobbied” use of budgetary funds requires increased control, both from the state and the public, and from the actual administration of the united territorial communities. The theoretical and methodological foundations of the state audit of public procurement were revealed. The directions of improving the state audit of the public procurement process in united rural territorial communities were proposed, while observing the priority of sustainable development goals. The capabilities of the electronic public procurement platform Prozorro were critically assessed. The reasons and prerequisites for the elimination of the corruption component of the public procurement process at the local (united territorial communities) and global (national economy) levels were identified. The need for IT-auditing in the field of legality and economic feasibility of using budget funds in rural territorial communities was proved. The impact of the audit on the general system of information and analytical support of management consists in assessing the effectiveness of activity processes, information processes and control procedures in order to improve the management model of activity and, accordingly, the decision-making system.

scholarly journals MANAGING PUBLIC PROCUREMENT APPEALS

2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK
Keyword(s):  
Civil Rights ◽  
Process Analysis ◽  
Public Procurement ◽  
Individual Case ◽  
The Public ◽  
Procurement Contract ◽  
Procurement Procedure ◽  
The Moment ◽  
The Right ◽  
Procurement System

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.

scholarly journals The State regulation of Public Procurement in Ukraine in the Context of Reforms and Integration Processes

2021 ◽  
Vol 2 (517) ◽  
pp. 35-40
Author(s):  
O. I. Laiko ◽  
Keyword(s):  
National Economy ◽  
Public Procurement ◽  
State Regulation ◽  
The State ◽  
Added Value ◽  
The Public ◽  
Goods And Services ◽  
International Distribution ◽  
Procurement System ◽  
The Impact

The article is concerned with topical issues of the State regulation of public procurement in Ukraine in the context of reforms and integration processes. The conceptual principles of regulation of the public procurement system have been formulated, taking into account the requirements and challenges of modern processes of reforms of the national economy and the implementation of the European integration vector. The public procurement system is considered as a new institutional unit in the national economy – the market for goods and services to the State-owned institutions and organizations with the involvement of budgetary funds. The significance of the public procurement system for the country’s economy as an environment for financing and implementing entrepreneurial initiatives aimed at creating high-quality goods and services, which is characterized by volumes equal to 15% of GDP, is substantiated. The article is aimed at defining the theoretical-conceptual and applied principles of the State regulation of the public procurement system in Ukraine in the context of efficient implementation of reform goals and taking into account the impact and challenges from the active participation of the national economy in the international distribution of labor in the course of integration processes with the EU countries. The article defines the key directions of the State policy on the regulation of the public procurement system, which include: stimulating the economic development of the entrepreneurial sector and overall economic growth on the basis of sustainability and balance; support for the production of domestic goods and services with high added value; stimulation of production of goods and services using local resources; stimulating the creation by domestic producers of both goods and services of cooperation associations in order to use the opportunities for the distribution of labor to create more competitive products; supporting the formation of an economic basis for the development of territorial and economic entities in the regions of Ukraine. As for the above defined directions of the State regulation of the public procurement system in Ukraine, appropriate measures have been proposed, the implementation of which is expected to contribute to the strengthening of the national economy and does not contradict the provisions of ratified international agreements.

Specyfika umów o zamówienia publiczne

2020 ◽  
Author(s):  
Joanna Marczewska
Keyword(s):  
Characteristic Feature ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Rule Changes ◽  
Key Aspects ◽  
Procurement Contracts

The article presents the characteristics of public procurement contracts by describing key aspects: the form and procedure for concluding the contract and the period for which it can be concluded. It was pointed out that the characteristic feature of public procurement contracts is primarily the fact that the contract can only be concluded after the procedure specified in the public procurement rules has been carried out. In addition, the issue of statutory changes in the content of the public procurement contract in the light of applicable provisions was discussed, as well as the grounds for the nullity of the contract were analyzed. It was emphasized that, as a rule, changes to the contract were prohibited and the statutory conditions for the amendment of the contract were described. In addition, issues related to the invalidity of the contract were analyzed. Finally, it was considered whether public procurement contracts implement the principle of contract freedom and what restrictions they are experiencing under the provisions of the Public Procurement Law. The study raises the issue of whether public procurement contracts are in the nature of adhesive contracts.

UTICAJ ZAKONODAVNOG OKVIRA JAVNIH NABAVKI NA SEKTOR OSIGURANjA

2021 ◽  
Author(s):  
Vuk Lekovic
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Insurance Companies ◽  
The Public ◽  
Insurance Sector ◽  
The Republic ◽  
The Impact

Since the introduction of the fi rst Public Procurement Act in 2002, the public procurement market has accounted for a signifi cant share of total premiums earned by insurance companies. In that sense, the author in this paper presents the impact of the public procurement legal framework on the insurance sector in the light of the most signifi cant innovations contained in the Public Procurement Act, which entered into force on 1 January 2020. Furthermore, the paper emphasizes the importance of adequate preparation of tender documentation and additional conditions for participation in the procurement of insurance services. Finally, the author analyzes the practice of the Republic Commission for the Protection of Rights in Public Procurement Procedures, which reveals the most common mistakes of contracting authorities in compiling additional conditions of fi nancial and business capacity.

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