Las contrataciones ppblicas y la buena gobernanza: Hacia la construcciin de un derecho fundamental en el Perr e Iberoammrica (Public Procurement and Good Governance: Toward the Construction of a Fundamental Right in Peru and Iberoamerica)

2017 ◽  
Author(s):  
Mirko A. Maldonado-Mellndez
Keyword(s):  
Good Governance ◽  
Public Procurement

Legislation for Public Procurements and Disposal of Public Assets

2021 ◽  
pp. 149-171
Author(s):  
Simeon Wanyama
Keyword(s):  
Good Governance ◽  
Public Procurement ◽  
Qualitative Approach ◽  
Value For Money ◽  
Procurement Process ◽  
The Public ◽  
Governance Systems ◽  
Regulations And Guidelines

This chapter is about corrupt practices in the public procurement cycle. Taking the example of Uganda, it identifies what takes place at each of the stages of public procurement and examines the perspectives of stakeholders regarding alleged corruption, misappropriation, and fraudulent practices during the public procurement process. It also reviews the governance systems that have been put in place to try and stem out these malpractices and ensure proper governance in the administration of public procurement. The research followed a qualitative approach aimed at getting the views of stakeholders and understanding whether what is in place is adhering to the principles of public procurement which foster good governance and value for money. The findings of the study indicate that the perception of the majority of the respondents is that corruption is pervasive in public procurement in Uganda despite good laws, regulations, and guidelines that have been put in place and that it manifests itself at all the stages of public procurement.

The impact of Benin’s first public procurement code and its amendment on healthcare equipment acquisition prices

2018 ◽  
Vol 18 (4) ◽  
pp. 306-322 ◽  
Author(s):  
Pamphile Thierry Houngbo ◽  
Maikel Kishna ◽  
Marjolein Zweekhorst ◽  
Daton Medenou ◽  
Joske G.F. Bunder-Aelen
Keyword(s):  
Health Care ◽  
Time Series Data ◽  
Good Governance ◽  
Public Procurement ◽  
Linear Regression Analysis ◽  
Interrupted Time Series ◽  
Series Data ◽  
Content Type ◽  
The Impact ◽  
Health Care Equipment

PurposeTo satisfy donors and reduce public procurement acquisition prices, Benin has implemented and amended its first public procurement code guided by top-down principles of good governance.Design/methodology/approachThis study aims to measure the impact of the code and its amendment on public procurement acquisition prices of health-care equipment from 1995 to 2010.FindingsA segmented linear regression analysis was performed using interrupted time-series data. The analysis shows that the code and its amendment did not reduce acquisition prices, indicating the limited impact of the code. The authors recommend the implementation of bottom-up processes in establishing the public procurement system, and the development of a reference pricelist of the most widely used health-care equipment, as possible solutions for improving the effectiveness of the code.

scholarly journals PEMBAHARUAN REGULASI PENGADAAN BARANG DAN JASA PEMERINTAH

2012 ◽  
Vol 1 (1) ◽  
pp. 113
Author(s):  
Apri Listiyanto
Keyword(s):  
Mechanism Of Action ◽  
Good Governance ◽  
Public Procurement ◽  
Regulatory Reform ◽  
Goods And Services ◽  
The Government ◽  
Bureaucratic Behavior ◽  
Reform Needs

<p>Pengadaan barang dan jasa secara ideal bertujuan untuk menjamin efisiensi, transparansi, dan keadilan dalam pelaksanaan kegiatan pembangunan oleh pemerintah. Dalam praktik, pelaksanaan pengadaan barang/jasa masih banyak sekadar memenuhi kewajiban administratif tanpa mempedulikan aspek substantifnya. Tulisan ini akan membahas ten tang pembenahan regulasi di bidang pengadaan barang dan jasa. Melalui penelitian yuridis normatif, penelitian ini menemukan regulasi terkait dengan pengadaan barang dan jasa memiliki kelemahan, khususnya berkaitan dengan mekanisme pelaksanaan pengadaan barang/jasa. Untuk mengatasi permasalahan tersebut, maka mekanisme kerja, tradisi, dan perilaku birokrasi yang berpotensi menghambat terwujudnya pemerintahan yang bersih, pembaharuan peraturan perlu disesuaikan agar fleksibilitas pengadaan barang dan jasa memenuhi kebutuhan pemerintah dan sekaligus menghindari ditabraknya prinsip pengadaan yang ada. Disamping itu perlu pula adanya pembenahan terhadap regulasi di bidang Pengadaan Barang dan Jasa, yaitu dari Peraturan Presiden diubah menjadi Undang-Undang.</p><p>Procurement of goods and services are ideally aimed at ensuring efficiency, transparency and fairness in the implementation of development activities by the government. In practice, the implementation of the procurement of goods / services are still a lot just to meet the administrative duties regardless of the substantive aspects. This paper will discuss the reform of regulation in the field of public procurement. Through normative juridical research, this study found the regulations related to procurement of goods and services have drawbacks, particularly with regard to the implementation mechanisms of goods / services. To address these concerns, the mechanism of action, traditions, and bureaucratic behavior that could potentially hinder the realization of good governance, regulatory reform needs to be adjusted so that the flexibility of the procurement of goods and services meet the needs of government and at the same time avoiding existing procurement principles. Besides, it also needs a revamping of the regulation in the areas of Procurement, which is converted to the President of the Regulations Act.</p>

scholarly journals ESTABLISHING GOOD GOVERNANCE THROUGH VALUE IMPLEMENTATION OF MONEY PRINCIPLES IN PUBLIC PROCUREMENT POLICY CONTEXT

2021 ◽  
Vol 8 (2) ◽  
pp. 205
Author(s):  
Vincensya Pingkan Meylinda Palar ◽  
Kadek Cahya Susila Wibawa ◽  
Solechan Solechan
Keyword(s):  
Financial Management ◽  
Good Governance ◽  
Public Procurement ◽  
Value For Money ◽  
Procurement Policy ◽  
Sustainable Procurement ◽  
Legal Method ◽  
Library Research ◽  
Public Money ◽  
The Right

This study aimed to review the application of Value for Money principles in public procurement policy to establish good governance in Indonesia. This research used a normative legal method using library research with legal and historical approaches. The results of this study showed that the implementation of Value for Money in public procurement policy is urgent to be applied, which is to encourage the good public procurement practice and produce the right goods/services based on quality, quantity, time, cost, location, and provider aspects; increase the efficiency of the use of public money, which can suppress budget leaks; improve the effectiveness of state financial management; improve the effectiveness and quality of public services; realize a clean government. Arrangements regarding Value for Money in public procurement policy are very clear by the application of e-procurement and utilization of e-marketplace; sustainable procurement; and the use of domestic products. This research also indicated the real relevance of the implementation of Value for Money principles in public procurement policy to establish good governance in Indonesia.

Public procurement A pillar of good governance?

2007 ◽  
pp. 138-148 ◽  
Author(s):  
Wendy Phillips ◽  
Nigel Caldwell
Keyword(s):  
Good Governance ◽  
Public Procurement

scholarly journals Good Governance in Nepal: Legal Provisions and Judicial Praxis

2021 ◽  
Vol 21 ◽  
pp. 19-30
Author(s):  
Bimal Prasad Lamichhane
Keyword(s):  
Crime Control ◽  
Good Governance ◽  
Public Procurement ◽  
Well Being ◽  
Best Interests ◽  
Legal Provisions ◽  
The People ◽  
Government Operation ◽  
Governmental Power ◽  
Right To Information

Good governance is about fair application of authority and utilization of resources in implementing coherent governing plan for the best interests and priorities of the people at large. It aims at protection and promotion of rights, welfare and well-being of the citizens through legitimized democratic governance under rule of law. It is avenues for peace, crime control, fairness of public decision with legal certainty and equality. It avails bridled governmental power, qualified administration, and a system of fraud and corruption-free state operation. In Nepali context, The Constitution of Nepal 2015, Commission for the Investigation of Abuse of Authority Act 1991, The Prevention of Corruption Act 2002, Public Procurement Act 2007 and Rules 2008, Good Governance Act 2008, Right to Information Act 2007 and Rules 2009, Local Government Operation Act 2017etc. are the primarily statutory measures to ensure good governance in Nepal. But the legal provisions and practice is not sufficient for ensuring good governance in Nepal. Some remarks on the application of these laws to an end of good governance have been overviewed by apex court in this relation. This article explores the concept as well as elements of good governance and descriptively analyzes various laws, case laws and principles developed by the Supreme Court of Nepal in the issue of good governance. This paper also aims at assessing the strengths and weaknesses of these laws and judicial practices from the internationally accepted good governance norms and principles. 

scholarly journals Juridical Analysis on the Procurement of Goods/ Services of the Government to Realize Good Governance (Research Studies in the Department of Human Settlements and Layout Batam City)

2021 ◽  
Vol 8 (11) ◽  
pp. 63-77
Author(s):  
Hamidi . ◽  
Sabela Gayo ◽  
Ariman Sitompul
Keyword(s):  
Human Resources ◽  
Good Governance ◽  
Public Procurement ◽  
Job Description ◽  
The Public ◽  
Know How ◽  
Presidential Decree ◽  
The Government ◽  
Alternative Solutions ◽  
Technical Guidance

The objectives of this research are to know how setup law on public procurement on goods/ services, how the implementation of public procurement o and what are the barriers factors and alternative solutions in public procurement. The writing methods are normative and empirical methods. The result of this study has shown that Presidential Decree Number 16 Years 2018 as the legal arrangements for public procurement can be used as complete guidelines in the public procurement on goods/services; the implementation of the legal arrangements are not optimal yet; there is an overlap of job function and human resources competencies is not complied yet. The recommendation of this study are the implementation of Presidential Decree Number 16 Years 2018 will be effective since there is local regulations/Mayor Decree as a technical guidance to things that are still not regulated, so that the legal arrangements for the public procurement on goods/services can be used as complete guidelines in the public procurement; must develop the level of compliance in implementing or implementing the Presidential Decree and several other technical regulations; make a clear of job description and human resources competencies need to be improved. Keywords: Legal Arrangements, Implementation, Barrier Factors.

Policy Diffusion in Public Procurement: The Role of Free Trade Agreements

2013 ◽  
Vol 18 (1) ◽  
pp. 153-173 ◽  
Author(s):  
Steve Woolcock
Keyword(s):  
Free Trade ◽  
Good Governance ◽  
Public Procurement ◽  
Policy Diffusion ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Short Term ◽  
Key Variables ◽  
The Impact

Abstract This article assesses the factors shaping policy diffusion of effective, liberal public procurement regimes. Policy diffusion and the analysis of policy diffusion is less developed in public procurement than other policy areas such as investment. This is surprising given the potential economic (public procurement accounts for some 8% of GDP) and signaling (transparency, good governance) gains of adopting regimes that promote competition in public procurement markets. The article first provides an introduction to the issue of public procurement and discusses the nature of procurement regimes, the dependent variable. It then assesses the impact of key variables identified in the literature on policy diffusion, such as competition, coercion and norm emulation. It is argued that issue linkage in bilateral free trade agreements (FTA) appears to have brought about common laws – and in some cases – rules for procurement. But this stops short of a genuine diffusion of liberal procurement regimes due to negotiations being framed by reciprocity rather than efficiency considerations, the costs and complexity of implementation, as well as opposition from vested sector interests and politicians at all levels of government favoring the short term political utility of ‘buy local’ policies.

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