scholarly journals The Relevance of Procurement in Public Administration: A South African Perspective

2021 ◽  
Vol 11 (4(S)) ◽  
pp. 26-34
Author(s):  
Gezani Mazibuko
Keyword(s):  
Public Administration ◽  
South African ◽  
Public Procurement ◽  
Public Works ◽  
Infrastructure Development ◽  
Public And Private ◽  
The Public ◽  
Administrative Functions ◽  
African Perspective ◽  
The Government

Public procurement is a big industry in public administration as taxpayers’ money spent by the government on goods, services and infrastructure accounts for the massive gross domestic product (GDP) of a country. This study upholds the idea that public procurement is relevant and activity of public administration. The public administration atmospheres focus on macro milieus and support the government to advance consciousness, dynamics convoluted purchases of government goods, services, works and infrastructure development. Such external environmental aspects moving public and private buyers in the same direction are that of reconnoitring those critical environmental inspirational procurement procedures. This calls for public administrators to design bid processes according to the above-mentioned influences, as they are cradles of government financial spending and economic progression. Public administration philosophies succor to offer dimensions and theoretical conceptual work on how procurement should proceed within the government. Such public administration theories are paramount to transcend the understanding of procurement in the public sector. Specifically, the generic administrative functions as they relate to public procurement are relevant in expounding this research. The paper is the exploratory one, seeking to expand the knowledge base and stimulate discourse on procurement practices in government. A qualitative research and content analysis was employed in this study. It can be deduced that there is the relevance of procurement in government, as government procures and spends billions and even trillions of rands financing goods, services, public works, massive infrastructure development-highways, bridges, dams, airports, seaports and other essential amenities. These massive kinds of procurement have to be accounted for against corrupt and state capture activities.

scholarly journals Analisa Yuridis Implementasi Pengadaan Tanah Untuk Pembangunan Infrastruktur Pekerjaan Umum

2020 ◽  
Vol 5 (2) ◽  
pp. 86-99
Author(s):  
◽  
Triana Dewi Seroja ◽  
Mukhtirili Mukhtirili ◽  
Keyword(s):  
Public Interest ◽  
Public Works ◽  
Land Acquisition ◽  
Director General ◽  
Infrastructure Development ◽  
The Public ◽  
Location Determination ◽  
Preparation Stage ◽  
The Government ◽  
Forest Status

This thesis discusses the Implementation of Land Procurement for Development in the Public Interest in the Construction of the Kawal Reservoir Infrastructure, which was built by the Ministry of Public Works of the Director General of Water Resources. The background used is the issuance of regulations regarding land acquisition in the form of Law No. 2. In 2012, which is quite comprehensive regulates and facilitates the process of land acquisition for development in the public interest. This law has been revised 4 times in the form of a Perpres from the Presidential Regulation No. 71 of 2012 to the latest Presidential Regulation No. 88 of 2017 as a refinement and consistency of the government in the policy of accelerating infrastructure development. But the fact is that national land acquisition is still the second biggest inhibiting factor, 30%. Kawal Reservoir is an infrastructure development in the field of public works has become a polemic, starting from the systems and procedures for land acquisition, the policies issued by the parties, the substance of the problem, as well as the apparatus' view of the land acquisition itself. The implementation of land acquisition for development in the public interest is in accordance with Law No. 2 of 2012 on the construction of the guarding reservoir infrastructure, which at present is still continuing to stop its physical development at the preparation stage. Problems in the form of forest status functions, overlapping ownership, and the existence of the Governor of Riau Islands Province Decree regarding Location Determination are obstacles that are passed through the Spatial Planning and Land Affairs apparatus in carrying out their main duties and functions. The phenomena that exist in the background of the problem will be integrated with the literature, conceptual and frame of mind developed. Research using Empirical / Sociological Legal Research methods.

Companies convicted of economic crimes and their participation in government tender processes in South Africa: A comment on Namasthethu electrical (PTY) LTD v City of Cape Town and another (201/19) [2020] ZASCA 74 (29 JUNE 2020)

2021 ◽  
Vol 8 (1) ◽  
pp. 102-122
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Cape Town ◽  
African Countries ◽  
The Public ◽  
South African Police Service ◽  
The Government ◽  
South African Police ◽  
Economic Crimes

In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the company and its former director had been convicted of fraud and corruption. The purpose of this article is to analyse this judgment and show the challenges that the government is faced with when dealing with companies that have been convicted of offences that bid for government tenders. Because South Africa is in the process of enacting public procurement legislation, the Public Procurement Bill was published for comment in early 2020. One of the issues addressed in the Bill relates to debarring bidders who have been convicted of some offences from bidding for government tenders. Based on the facts of this case and legislation from other African countries, the author suggests ways in which the provisions of the Bill could be strengthened to address this issue.

scholarly journals Institutional Support of the Public-Private Partnership in the Republic of Poland

2019 ◽  
pp. 145-155
Author(s):  
Nykola Lakhyzha ◽  
Svitlana Yehorycheva
Keyword(s):  
Public Administration ◽  
Organizational Support ◽  
Institutional Support ◽  
Public Private Partnership ◽  
Law Firms ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
The Republic ◽  
The Government

The experience of the institutional support of public-private partnership in the Republic of Poland has been analyzed. It is noted that Poland was one of the first among the post-communist countries to implement a mechanism of public-private partnership. The peculiarities of the practice of realization of public-private partnership in Poland during the 1990s and its legal support were determined. The possibility of its development on the basis of general norms of civil, economic, administrative and other branches of law is emphasized. The process of development and adoption of separate laws on public-private partnership and their specific features are described. The essence of discussions about the need for creation of a special authorized body for regulation of public-private partnership, which was caused by the problems that arose from public and private partners during the conclusion and implementation of the relevant agreements, was disclosed. The modern components of organizational support for supporting the development of public-private partnership in Poland, their role and their inherent functions are revealed: the Department for Public-Private Partnerships of the Ministry of Investment and Development, similar departments in public administration bodies of different levels, the Public-Private Partnership Platform, Polish Entrepreneurship Development Agency, Institute of Public Private Partnership, private law firms, scientific and educational institutions. The necessity to improve the institutional support of public-private partnership, which is realized by the government of Poland as well, is stated. The content and significance of the latest program documents in this area that are intended to improve the process of administration the development of public-private partnership — the concept «The vision of sustainable development for Polish business 2050» and «Government policy in the field of development of public-private partnership» are characterized. The importance of using the experience of the Republic of Poland in the practice of public administration of the Ukrainian system of public-private partnership is emphasized.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals Progres of the Public Procurement System in Albania and in the European Union

2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Public Works ◽  
The European Union ◽  
The Public ◽  
Public Contracts ◽  
Procurement Procedure ◽  
Proper Estimation ◽  
Procurement System

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. )

scholarly journals Negotiation of Agreements with Government Agencies as an Approach for More Space and Opportunities for the Private Sector: The Features of the Albanian Reality

2017 ◽  
Vol 8 (1) ◽  
pp. 154-160
Author(s):  
Teuta Balliu ◽  
Artan Spahiu
Keyword(s):  
Private Sector ◽  
Public Administration ◽  
Public Procurement ◽  
Negotiation Process ◽  
Government Agencies ◽  
Private Companies ◽  
The Public ◽  
The Government ◽  
Customs Administration ◽  
The Relationship

Abstract The negotiation as a conversation process between two or more parties to settle a dispute or to reach an agreement is an efficient method and it requires attention not only from the private sector, but also from the public one. Negotiation is evaluated in two aspects, from the success achieved and the relationship created. The result that the negotiated agreement reaches is more convenient compared to that achieved through unilateral administrative acts. Establishing relationships with local and national government is a necessity for the private sector. This means that the negotiating agreements with various state authorities should be part of their daily tasks. This paper explores some features of the negotiation process, in which public administration is a party and also gives some recommendations on the real possibilities that government agencies can provide to private companies as a way for surviving and being successful in these dynamic and complex market. We mainly focused on agreements between representatives of the tax authorities and the debtor taxpayers, and at the Albanian legislation on public procurement, which provides the possibility of negotiation between the contracting authority and the bidder. From the analysis of the negotiated cases of the customs administration we notice a level of scepticism in the government agencies while negotiating with debtor entities, which is evidenced by the small number of signed agreements. However the effect of these agreements is evident because the paid value is about 50% of the total negotiation value. Arrangements based on installments, remission of penalties or interest, the possibility to compromise and defer the duties payment are some of the recommended programs that may be part of the tax administration′ offer to debtor entities.

scholarly journals PUBLIC PROCUREMENT IN THE CONDITIONS OF THE SLOVAK REPUBLIC WITH REGARD TO THE PARTICIPANTS IN THE PROCUREMENT

2021 ◽  
Vol 9 (1) ◽  
pp. 67-80
Author(s):  
Lucia Bednárová ◽  
Silvia Michalková ◽  
Stanislav Vandžura
Keyword(s):  
Public Administration ◽  
Slovak Republic ◽  
Public Procurement ◽  
High Volume ◽  
Point Of View ◽  
Public And Private ◽  
Developed Country ◽  
Financial Flows ◽  
Economic Point ◽  
The Public

Public finances are a term used to denote specific financial relations and operations taking place within the economic system between public administration institutions, on the one hand, and other entities, on the other. From an economic point of view, a public contract means an efficient allocation of resources with the aim of material and material provision of public administration bodies with such services that these bodies cannot or do not want to secure themselves. Through public procurement, a relatively high volume of public spending is realized in each developed country. Public procurement of goods, services and works by public institutions currently accounts for a relatively high percentage of GDP, estimated at more than 15% in the economies of Central and Eastern Europe. The area of procurement is one of the key areas where the public and private sectors interact financially with each other. As part of the paper, we primarily deal with below-limit and above-limit contracts in public procurement in the Slovak Republic. As part of the research, we focused on the period from 2016 to 2019. The paper provides an overview of the number of procedures in public procurement for the period from 2016 to 2019. In this comparison of data, we try to demonstrate the strength of public procurement in the public sector as well as the volume of financial flows spent on procurement. Within the issue of our research, the acquisition of relevant documents as well as verified procedures is very problematic, as we do not have a significant number of sources of professional and science publications related to these topics in the Slovak Republic.

scholarly journals Prawo administracyjne prywatne. Propozycja nowego terminu w siatce pojęciowej polskiego prawa administracyjnego

2018 ◽  
Vol 114 ◽  
pp. 149-165
Author(s):  
Witold Małecki
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Protective Measures ◽  
Public And Private ◽  
The Public

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.

scholarly journals KEUNGGULAN ASBUTON PRACAMPURAN DAN ASPAL SHELL PADA CAMPURAN ASPAL BETON (AC-BC)

2019 ◽  
Vol 18 (1) ◽  
Author(s):  
Sumiati Sumiati ◽  
Mahmuda Mahmuda ◽  
Puryanto Puryanto
Keyword(s):  
Asphalt Mixture ◽  
Technical Specification ◽  
Public Works ◽  
Raw Material ◽  
Infrastructure Development ◽  
The Public ◽  
Bitumen Content ◽  
Road Projects ◽  
The Government ◽  
National Road

ABSTRACTThe current national asphalt needs for road infrastructure development reaches 1.6 million tons /year. Pertamina production can only meet about 30%, the rest of 70% imported from Singapore. Meanwhile, the raw material reserves in Buton Island, if extracted can supply the national road needs ± 360 years. In order to increase the utilization of domestic natural potential and wealth and reduce the import of oil asphalt The government requires national road projects to use asbuton pre-blended, but this is not maximally applied in the field. The reason is still more expensive pre-blended asbuton prices that have not been mass produced and the public is usually more confident with branded abroad. Whereas asbuton pre-blended has higher nitrogen compounds and lower paraffin compounds than oil asphalt, so it is possible that asbuton pre-blended has better adhesion. Based on the above problems, we will examine the effect of using asbuton pre-blended and asphalt oil of Pertamina (Ex Shell PEN 60/70) on concrete asphalt pavement layer (AC-BC) to Marshall characteristic value. Marshal tests were performed on 90 specimens using aggregates taken from three locations with different abrasion values. To obtain optimum bitumen content (KAO), binder used asbuton pre-blended and oil asphalt as comparison.The results showed that by using asbuton pre-blended to save the use of asphalt and the value of Marshall Characteristic fulfill the specification of pavement asphalt layer (Bina Marga revision 3, 2010) and Guidelines of Asphalt Mixture Technical Specification with Ministry of Public Works (2013).Key words : Asbuton preblended, shell asphalt, Marshall characteristicABSTRAKKebutuhan aspal nasional saat ini untuk pembangunan infrastruktur jalan mencapai 1,6 juta ton/tahun. Produksi pertamina hanya dapat memenuhi sekitar 30%, sisanya sebanyak 70% diimpor dari Singapura. Sementara itu cadangan bahan baku di Pulau Buton, bila diesktraksi dapat menyuplai kebutuhan jalan nasional ± 360 tahun. Dalam rangka meningkatkan pemanfaatan potensi dan kekayaan alam dalam negeri dan mengurangi impor aspal minyak Pemerintah mewajibkan proyek-proyek jalan nasional menggunakan asbuton pracampuran, namun hal ini tidak maksimal diterapkan di lapangan. Penyebabnya adalah masih lebih mahalnya harga asbuton pracampuran yang belum diproduksi secara massal dan masyarakat biasanya lebih percaya dengan branded luar negeri. Padahal asbuton pracampuran memiliki senyawa nitrogen yang lebih tinggi dan senyawa parafin yang lebih rendah dibandingkan aspal minyak, sehingga dimungkinkan asbuton pracampuran mempunyai daya rekat lebih baik. Berdasarkan permasalahan di atas maka akan diteliti pengaruh penggunaan asbuton pracampuran dan aspal minyak pertamina (Ex Shell PEN 60/70) pada lapis perkerasan aspal beton (AC-BC) terhadap nilai karakteristik Marshall. Pengujian Marshal dilakukan terhadap 90 benda uji dengan mengggunakan agregat yang diambil dari tiga lokasi dengan nilai abrasi yang berbeda. Untuk mendapatkan kadar aspal optimum (KAO), bahan pengikatyang digunakan asbuton pracampuran dan aspal minyak sebagai pembandingnya. Hasil penelitian didapatkan bahwa dengan menggunakan asbuton pracampuran dapat menghemat penggunaan aspal dan nilai karaktiristik Marshall memenuhi persyaratan Spesifikasi Lapis Perkerasan Aspal (Bina Marga revisi 3, 2010) dan Pedoman Spesifikasi Teknis Campuran Beraspal dengan Asbuton (Kementerian Pekerjaan Umum, 2013).Kata kunci : Asbuton pracampuran, aspal shell, karakteristik Marshall

E-Projects Challenges in India – Role of Human Resource Management and Technology

2018 ◽  
Vol 6 (8) ◽  
pp. 263
Author(s):  
Ramnik Kaur
Keyword(s):  
Developing Countries ◽  
Public Administration ◽  
Paradigm Shift ◽  
Successful Implementation ◽  
The Public ◽  
Government Services ◽  
The Past ◽  
The Government ◽  
Traditional Approaches

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.

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