Data Protection in the Public Procurement Process

2020 ◽  
Author(s):  
Irina Alexe ◽  
Daniel-Mihail Sandru
2020 ◽  
Vol 13 (1) ◽  
pp. 86-94
Author(s):  
I.Yu. Fedorova ◽  

The paper considers innovations in the field of legal regulation of public procurement at the last stage of the reform carried out in the public finance management system. The main attention is paid to filling the gaps in the legislative framework of the contract system in the field of procurement through the introduction of more effective instruments in 2018–2019, measures are considered that can increase the efficiency of the procurement process, and the conclusion is drawn about the effect of procurement on the development of individual sectors of the economy.


Author(s):  
Simeon Wanyama

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.


Author(s):  
Tom Brown

This chapter begins by considering public procurement in the context of equality duties. The United Kingdom government has not used the Equality Act 2010’s regulation-making powers to impose specific statutory public procurement equality duties in England, but the Welsh and Scottish Ministers have made such regulations. Equality considerations are nonetheless relevant considerations in a public authority’s public procurement decisions as part of the general public sector equality duty in section 149 of the Act. The extent to which equality can (and should) be taken into account in the public procurement process is also, therefore, relevant to private undertakings which might wish to tender for the provision of goods or services to public authorities. The chapter then addresses the provisions in the Act intended to improve transparency in the private sector by prohibiting clauses which prevent employees discussing their pay. The Act introduced, in section 78, a power to make regulations which would impose a requirement on businesses to report on gender pay differences.


2018 ◽  
Vol 16 (2) ◽  
pp. 361-378 ◽  
Author(s):  
Mladen Čudanov ◽  
Predrag Jovanović ◽  
Ondrej Jaško

This study analyses how important is the influence of the procedure type and a number of received bids on the duration of the public procedure process. Efficiency and speed of public procurement process diminish inventory turnaround times, direct and indirect costs of procurement, hastens and improves manageability of core processes in the organizations obliged to the public procurement process. Our study focuses on the quantitative analysis of the influence of the procedural public procurement framework mostly determined by the central government and describes potential other factors of efficiency which can be influenced at the local level. Dataset was obtained from the Public Procurement Office of Serbia, and it included 42,850 cases of public procurement after the correction of missing and “dirty” data. Using statistical methods we have presented two linear models, where the type of procedure and number of received bids account for roughly 23% of the variability in the dependent variable. This paper provides suggestions for improvement of efficiency of public procurement, as well as for data that needs to be tracked to develop more comprehensive, accurate and reliable prediction model of the duration of the public procurement process.


2021 ◽  
pp. 142-148
Author(s):  
Walery Okulicz-Kozaryn ◽  
◽  
Kateryna Melnyk ◽  

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.


2020 ◽  
Vol 20 (4) ◽  
pp. 403-421
Author(s):  
Inger Johanne Pettersen ◽  
Kari Nyland ◽  
Geraldine Robbins

Purpose The purpose of this paper is to study the links between contextual changes, contract arrangements and resultant problems when changes in outsourcing regulatory requirements are applied to complex pre-hospital services previously characterized by relational contracting. Design/methodology/approach The study deployed a qualitative design based on interviews with key informants and extensive studies of documents. It is a longitudinal study of a procurement process taking place in a regional health authority covering the period 2006 to 2017. Findings A complex and longitudinal public procurement process where pre-hospital (ambulance) services are transformed from relational and outsourced governance to more formal arrangements based on legal and transactional controls, is described in detail. After several years, the process collapsed due to challenges following public scrutiny, legal actions and administrative staff resignations. The public body lacked procurement competencies and the learning process following the regulations was lengthy. In the end, the services were in-sourced. Research limitations/implications This study is based on one case and it should, therefore, not be generalized without limitations. Practical implications One practical implication of this study is that transactional contracts are not optimal when core and complex services are produced in inter-organizational settings. In public sector health-care contexts, the role of informal and social controls based on relational exchanges are particularly applicable. Social implications Acute health-care services essential to citizens’ security and health imply high asset specificity, frequency and uncertainty. Such transactions should according to theory be produced in-house because of high agency costs in the procurement process. Originality/value The paper contributes to the understanding of how the public procurement process can itself be complex, as managerial challenges and solutions vary along several dimensions and are contingent upon external factors. In particular, the study increases knowledge of why the design and implementation of outsourcing models may create problems that impede and obstruct control in a particular public sector context.


Author(s):  
Andrea Appolloni ◽  
Maria Antonietta Coppola ◽  
Gustavo Piga

Green considerations can be applied during all phases of the public procurement process: from the pre-award to the award and post-award phase. They can be included in technical specifications, award criteria, and contract performance clauses. Technical specifications provide a detailed description to the market of the good, work, or service to be procured. They constitute the basis for drafting green award criteria, which allow contracting entities to evaluate the received bids and award the contract. Contract performance clauses can also be used by public contracting entities to introduce environmental considerations in the procurement process. These clauses are based on the capacity of the winning bidder to perform the negotiated environmental criteria. Notwithstanding the importance of GPP, green considerations are seldom applied in public procurement. Reasons can be found in the lack of appropriate regulations at national and international level, or in the actual lack of training of the procurement workforce.


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