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

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 277-287
Author(s):  
Adam Mika

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.

Author(s):  
Paulo Silvestre Schmitt ◽  
Clerilei Aparecida Bier

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.


Author(s):  
Emanuele Strieder ◽  
Christoph Frisch ◽  
Michael Pehl

Physical Unclonable Functions (PUFs) are used in various key-generation schemes and protocols. Such schemes are deemed to be secure even for PUFs with challenge-response behavior, as long as no responses and no reliability information about the PUF are exposed. This work, however, reveals a pitfall in these constructions: When using state-of-the-art helper data algorithms to correct noisy PUF responses, an attacker can exploit the publicly accessible helper data and challenges. We show that with this public information and the knowledge of the underlying error correcting code, an attacker can break the security of the system: The redundancy in the error correcting code reveals machine learnable features and labels. Learning these features and labels results in a predictive model for the dependencies between different challenge-response pairs (CRPs) without direct access to the actual PUF response. We provide results based on simulated data of a k-SUM PUF model and an Arbiter PUF model. We also demonstrate the attack for a k-SUM PUF model generated from real data and discuss the impact on more recent PUF constructions such as the Multiplexer PUF and the Interpose PUF. The analysis reveals that especially the frequently used repetition code is vulnerable: For a SUM-PUF in combination with a repetition code, e.g., already the observation of 800 challenges and helper data bits suffices to reduce the entropy of the key down to one bit. The analysis also shows that even other linear block codes like the BCH, the Reed-Muller, or the Single Parity Check code are affected by the problem. The code-dependent insights we gain from the analysis allow us to suggest mitigation strategies for the identified attack. While the shown vulnerability advances Machine Learning (ML) towards realistic attacks on key-storage systems with PUFs, our analysis also facilitates a better understanding and evaluation of existing approaches and protocols with PUFs. Therefore, it brings the community one step closer to a more complete leakage assessment of PUFs.


2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra

A proper estimation of the value of the public contracts is of major importance of the contracting authority. First, value of contracts govers the regime of rules under which the proceedings will be conducted. Second the decision of the contracting authority concerning the application of specific procurement procedure depends whether the value of contract is below or above specific threshold. For multi year contracts or contracts with renewal option, the contracting Authority must provide clauses for the revision of prices in accordance with published official inflation. In case of goods the contracts through renting or leasing of these, the estimated value of the public contract shall be based on the monthly rent or fee multiplied by the number of months the contract will last. The contracting Authority is responsible for comparing the above mentioned elements with a cost analyses of the goods, services or works. European Union rules provided in Article 9 of the directive 2004/18/EC of the European Parliament and of the council of 31 March 2004 on the coordination of procedures for the award of public works, supply and services and in contain also more detailed rules concerning methods of estimation of contract value which should be applied in specific case. The priciple of the transparency of public procurement requires that all potential contractors have the same chances to compete for contracts being offeres by public administration. (; public contracts, procurement, goods, proceedings contracting Authority, etc. )


2020 ◽  
pp. 014473942097790
Author(s):  
Christopher L Atkinson

This paper considers online courses in human resources, public budgeting, and public procurement, within a public administration program, developed and taught during one calendar year at a public regional university in the southeastern United States. Each course had an underpinning of required reading, but also included individual and collaborative role-playing and simulation activities. The effect of shorter term online classes on the potential for significant learning, in public administration programs or otherwise, has not been fully explored. The research question is: What impact do short-term classes have on the potential for significant learning? A survey of students was conducted, and the resulting corpus was analyzed, using a two-cycle coding strategy. It is concluded that short-term classes may limit the ability of students to fully gain knowledge transfer and applied skill. There are specific concerns raised by study participants about work expectations that are voluminous, even given the accelerated nature of programs, and how this might undermine the potential for quality learning outcomes. At minimum, short-term courses raise significant potential learning-related issues, and show gaps between the expectations of a knowledge-transfer-centered program and the added value of significant learning opportunities.


2018 ◽  
Vol 16 (2) ◽  
pp. 133-156
Author(s):  
Györgyi Nyikos ◽  
Gábor Soós

The complexity of public procurement and the related controls are a significant issue that public authorities are facing in Hungary. The “fear” of being controlled by state authorities and EU auditors is affecting decisions in public procurement. However, research on the effects of such a system is largely absent. The purpose of the article is to explore the functioning of the control system related to EU funded public procurements and to examine its actual and potential impact on the purchases of public authorities. The method is first an introduction of the features of the control system and then the analysis of data from the relevant bodies in order to see the effect of controls and possible difficulties with the system. The results show that despite the seemingly positive impact on the regularity of procedures, the interference in the decisions of public authorities and the delays caused are problematic. It is therefore suggested that the Hungarian government should consider streamlining the control process such as through checks based on samples or focusing on the most risky procedures. The research is the first academic analysis of data related to public procurement control in Hungary, yet it can already inspire the Hungarian and other governments to review the effectiveness of such procedures and to reduce administrative burdens for public authorities as much as possible.


2021 ◽  
Vol 4 (32) ◽  
pp. 189-201
Author(s):  
Jarosław Szymański

The aim of the article/hypothesis: The impact of the pandemic on the European and global economy is unquestionable. The question is how the epidemiological situation has affected the European public procurement system. The study was limited to assessing the changes in the structure of the procedures used to award public contracts and the possible effects of a lack of dynamics in this respect. The aim of the work is to observe the effects of changes in the structure of tendering procedures and to identify other phenomena in the public procurement system, caused by the pandemic. Methodology: Taking into account the diversity of national solutions in the field of public procurement, resulting both from the legal systems and national practice, an analysis of awarded public contracts was carried out, with particular emphasis on the domestic market. The research was conducted in the direction of determining the changes in preferences of selecting non-competitive procedures, new possibilities of awarding contracts and the analysis of changes in the preferences of the non-competitive procedure on the European Union market. The tools used for the analysis included basic statistical measures and the non-parametric Mann-Whitney test. Results of the research: As a result of the analysis, it was found that there was a statistically significant increase in the share of the non-competitive procedure on the European market. The observation of individual national markets shows that in some Member States there has been a decrease or a very limited increase in the non-competitive mode. This may result from ad hoc legal changes and means that an unknown number of contracts of unknown value was awarded outside the control of the monitoring of the public procurement system.


Author(s):  
František Ochrana ◽  
Kristýna Hrnčířová ◽  
Michal Plaček ◽  
Milan Půček

Public procurement may be examined from different perspectives. Using the Czech Republic as an example, this study is devoted to examining the impact of decisions made by the contracting authority regarding a public tender on the tender process itself and on the outcomes of the tender. The contracting authority addresses a number of decision-making issues regarding public procurements. For example, it needs to decide between two types of criteria (choosing between a single-criterion evaluation or rather opting for several evaluation criteria). At the same time, the authority is free to choose among different types of award procedures while adhering to certain restrictions imposed by the Act on Public Contracts. Using a sample of 1,027 construction work contracts awarded in the Czech Republic, the study examines, in more detail, the impacts of individual choices made by the contracting authority (namely the type of evaluation criteria chosen and the type of procedure for awarding contracts) on the estimated and final price of public contracts. Recommendations on how to streamline the process of public procurement can be drawn from conclusions from the empirical analysis.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ouiam Kaddouri ◽  
Stephane Saussier

PurposeThis paper aims to examine the link between the corporate social responsibility (CSR) communication efforts of companies and their ability to obtain public procurement contracts.Design/methodology/approachThe authors are exploiting a database with the number of public procurement contracts won by SBF 120 companies in France and a constructed CSR index over the period of 2007–2015. The authors provide estimates of the amount of public contracts won by those companies.FindingsThe results suggest a striking influence of CSR communication on the ability of firms to win contracts.Research limitations/implicationsThis study focused on the case of the SBF 120 companies under the French regulatory system and European directives, which are different from the obligations in North American countries. Second, our constructed CSR index may be too simplistic in nature, and its application is limited only to the French context. Third, we do not have any evidence about the efficiency of well-ranked firms in our study. CSR reporting is still considered to be a form of communication, even if formal, that can contain information that does not especially reflect reality, as the scandals of several companies have shown in recent years (e.g. Volkswagen, Eiffage, Enron).Practical implicationsCompanies should consider Business-to-Government (B-to-G) market when investing in CSR actions.Originality/valueThis is one of the first empirical studies measuring the impact of CSR on the ability of companies to win public contracts.


Author(s):  
C. Claire Thomson

This chapter traces the early history of state-sponsored informational filmmaking in Denmark, emphasising its organisation as a ‘cooperative’ of organisations and government agencies. After an account of the establishment and early development of the agency Dansk Kulturfilm in the 1930s, the chapter considers two of its earliest productions, both process films documenting the manufacture of bricks and meat products. The broader context of documentary in Denmark is fleshed out with an account of the production and reception of Poul Henningsen’s seminal film Danmark (1935), and the international context is accounted for with an overview of the development of state-supported filmmaking in the UK, Italy and Germany. Developments in the funding and output of Dansk Kulturfilm up to World War II are outlined, followed by an account of the impact of the German Occupation of Denmark on domestic informational film. The establishment of the Danish Government Film Committee or Ministeriernes Filmudvalg kick-started aprofessionalisation of state-sponsored filmmaking, and two wartime public information films are briefly analysed as examples of its early output. The chapter concludes with an account of the relations between the Danish Resistance and an emerging generation of documentarists.


2018 ◽  
Vol 6 (1) ◽  
pp. 5-21
Author(s):  
Ewa Skrabacz

AbstractConstituting the key element of a democratic system, political parties are among entities obliged by the Polish legislator to comply with the principle of disclosure by providing public information. The main objective of this paper is to determine the level of Polish political parties’ disclosure, understood here as their willingness to disclose information on their own structures. It seems that the practice of disclosing such basic organizational data may constitute a specific measure of Polish political parties’ respect for the idea of disclosure. The subject matter of the conducted research was particular parties’ sites in the Public Information Bulletin as well as their official websites. An attempt was made to acquire data concerning party structures by way of direct contact with particular parties’ organizational units – questionnaires were sent to both central and regional/district organizational units. In order to acquire a wider perspective, the research also included data provided by the Central Statistical Office concerning political parties’ organizational structures and election manifestos. The conducted analysis was summarized in the form of a ranking of the examined political parties based on a proposed political party disclosure index. This attempt to measure disclosure on the basis of data on internal structures provided by parties themselves is of a preliminary character which, nevertheless, makes it possible to capture the general properties of the phenomenon under analysis. Among the examined parties, it is PSL, SLD, and PO that, to an acceptable degree, follow the principle of disclosure in the analysed scope (indexes at the level of 60%-80% of the maximum value). Four other parties, i.e. N, Wolność, Razem, and Kukiz’15, are on the edge of the zone making it possible to regard their disclosure as sufficient (indexes at the level of around 50% of the maximum value). In the case of PiS, whose index does not reach 20% of the maximum value, it should be concluded that this party implements the principle of disclosure at a minimum level. The ranking did not show relationships between parties’ willingness towards providing information and their sizes or positions on the political scene (parliamentary parties vs. extra-parliamentary parties).


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