scholarly journals Analysis of Contractor’s Selection Criteria in Railway Projects

2018 ◽  
Vol 64 (3) ◽  
pp. 145-158 ◽  
Author(s):  
A. Leśniak ◽  
F. Janowiec
Keyword(s):  
Water Management ◽  
Selection Criteria ◽  
Energy Transport ◽  
Public Procurement ◽  
Tender Offers ◽  
The Public ◽  
Public Contracting ◽  
Railway Infrastructure ◽  
Postal Services ◽  
Construction Works

AbstractParticular diligence in the preparation of documentation and conducting a tender procedure for construction works must be made by public contracting entities, who are subject to additional restrictions. In Poland, the largest public contracting entities are the sectoral ones. These are the entities (defined in Art. 3 of the Public Procurement Law Act) operating in the sectors of water management, energy, transport and postal services. The paper presents the analysis of tender offers for the execution of construction works or design and execution of construction works related to the reconstruction, construction and revitalization of railway lines, announced after the amendment to the Public Procurement Law on June 22, 2016. The considered examples are selected tender procedures covering the scope of construction and assembly works on railway lines throughout the country. The authors paid particular attention to the tender criteria applied and the requirements for the potential contractors for works in the field of railway infrastructure

On Mechanisms of Realization of the Public Procurement of Construction Works (The Case of Road Const ruction)

2003 ◽  
pp. 68-80
Author(s):  
A. Dementiev ◽  
A. Zolotareva ◽  
A. Reus
Keyword(s):  
Public Procurement ◽  
Road Construction ◽  
International Experience ◽  
The Public ◽  
Government Purchases ◽  
Efficiency And Effectiveness ◽  
Construction Works ◽  
Budget Expenditure

The most important measures stimulating the increase of efficiency and effectiveness of budget expenditures on road construction are the improvement of pricing mechanisms and increasing efficiency of the procedures of government purchases of goods, works and services. The paper includes the analysis of main problems that arise in the process of government purchases and construction pricing with the reference to budget expenditure on road construction. It includes the review and analysis of international experience and possible measures of increasing the efficiency and effectiveness of government purchases and (road) construction pricing in Russia.

scholarly journals Public Policies for Procurement under COVID19

2021 ◽  
Vol 1 (3) ◽  
pp. 9-36
Author(s):  
Luís Valadares Tavares ◽  
Pedro Arruda
Keyword(s):  
Comparative Analysis ◽  
Comparative Study ◽  
Public Procurement ◽  
Public Policies ◽  
European Directives ◽  
Public Markets ◽  
The Public ◽  
Public Contracting ◽  
The Comparative Study ◽  
Selection Of

Public procurement is a main issue in the frontline of Governments fighting COVID 19 pandemic as the need for additional and urgent acquisitions as well as the need to consolidate the supply chains and to promote sustainable and innovative procurement have been a source of deep changes and main challenges disturbing public markets and invalidating several assumptions of the traditional public contracting. In this paper, the development of appropriate public policies to cope with these challenges is studied following the approach suggested by several authors and including four stages: a Stage on Facts and Issues where the main challenges and conditions are studied, the Options Stage to describe which polices and procedures can be adopted, a Values Stage stating the main values to be pursued and, finally, a Policies Stage including the selection of the recommended policies. The analysis of the challenges and facts includes the study of a taxonomy of short and longer term needs and the available options are based on the comparative study of procedures ruled by the European Directives on Public Procurement approved on 2014. The major values to be respected include the principle of competition which is a major institutional principle of the European Treaty and of the Directives as well as the goal of promoting sustainable and innovative public procurement. Several indicators are suggested to describe the application of the public procurement policies adopted across EU and their comparative analysis is presented using the TED data for contracts concerning COVID 19. The case of Portugal is discussed and final remarks about the recommended public policies are also included herein.

scholarly journals Features of using the electronic system ProZorro in public procurement in Ukraine: problems and ways to overcome them

2021 ◽  
pp. 100-113
Author(s):  
Natalia Ponomarenko ◽  
Christina Voznyakovska ◽  
Julia Nemish
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Positive Impact ◽  
Public Procurement ◽  
Electronic System ◽  
Tender Offers ◽  
The Public ◽  
General Scientific ◽  
The Law ◽  
Procurement System

Summary The purpose of the article is to study the problematic aspects of the functioning of the electronic public procurement system ProZorro in Ukraine and to develop proposals for minimizing abuses in the field of tender procedures. Research methods: The article uses general scientific research methods, in particular: synthesis analysis – in the study of scientific literature and determining the features of the electronic public procurement system ProZorro; economic and statistical analysis and comparison – with indicators of public procurement in Ukraine; generalization – when developing recommendations for minimizing abuses in the field of public procurement within the electronic system ProZorro. Scientific novelty: is to determine the main mechanisms of abuse in the field of public procurement in order to obtain illegal benefits: the fragmentation of contracts and the development of sub-threshold trade procedures and justification of ways to minimize them. In particular, in the article It is substantiated that non-competitive tender offers carry high corruption risks and lead to inflated prices for the supply of goods, services and works. It is proposed to amend the Law of Ukraine «On Public Procurement» in order to prohibit the conclusion of additional agreements after the tender; prohibition to change the conditions of the tender and tender documentation after the announcement of tenders; prohibitions to combine goods into one lot and set maximum payment terms for delivered goods for more than 30 calendar days. Conclusions: The study concludes that the electronic public procurement system ProZorro has a positive impact on the development of public procurement in Ukraine, as it increases the transparency of bidding and tender procedures, expands opportunities for participation in tenders of small and medium-sized businesses and more. However, shortcomings, first of all, in the law enforcement and judicial system of Ukraine are caused by frequent cases of corruption schemes in the public procurement system both within the ProZorro system and outside it. Elimination of corruption schemes in the public procurement system is possible subject to amendments to the Law of Ukraine «On Public Procurement». Keywords: public procurement, ProZorro, tender, tender offer, electronic bidding, competitive and non-competitive procedures.

Implementation of Green Considerations in Public Procurement

2019 ◽  
pp. 23-44
Author(s):  
Andrea Appolloni ◽  
Maria Antonietta Coppola ◽  
Gustavo Piga
Keyword(s):  
Public Procurement ◽  
Good Work ◽  
Procurement Process ◽  
The Public ◽  
Public Contracting ◽  
Contract Performance ◽  
Environmental Criteria ◽  
Winning Bidder ◽  
Technical Specifications ◽  
Environmental Considerations

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.

Perspectives for European Water Management Law Report of a conference in Brussels, 3 and 4 April 2008

2008 ◽  
Vol 5 (3-4) ◽  
pp. 341-348 ◽  
Author(s):  
Simone Bach
Keyword(s):  
Water Management ◽  
Public Procurement ◽  
Individual Member ◽  
Water Sector ◽  
The Public ◽  
European Water ◽  
Controversial Topic ◽  
Polluter Pays Principle ◽  
The Individual ◽  
The Eu

AbstractOn 3rd and 4th April 2008 a conference containing the “Perspectives of European Water Management Law” took place in Brussels with participation of about 80 representatives of the European Commission and universities, authorities, enterprises and associations of the individual Member States of the European Community. The focus of the conference was on the Water Framework Directive 2000/60/EC and its implementation into national law, whereby the “polluter pays principle” arouse special interest. Another important and controversial topic was whether privatisation of the water sector would be advantageous or disadvantageous in regard to efficient allocation and sustainable environmental protection. Beyond the conference dealt with the public procurement in the water sector in relation to the directive 2004/17/EC, with the reorganisation of European protection against floods in the course of the EU flood directive 2007/60/EC and the effects of climate change on hydrologic balance.

scholarly journals Podmioty gminne w prawie zamówień publicznych

2018 ◽  
Vol 114 ◽  
pp. 281-290
Author(s):  
Maciej Guziński
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Construction Works ◽  
Public Contract

MUNICIPAL ENTITIES IN PUBLIC PROCUREMENT LAWIn the implementation of public tasks in the form of commissioning construction works, services, deliveries by way of a paid contract, municipal entities act as awarding entities — entities awarding a public contract. Municipal entities may also act as economic operators — entities applying for the implementation of the contract in question. In both situations they are subject to the public procurement law regime.

scholarly journals The COVID-19 epidemic and contracts for construction works concluded on the general terms and conditions of FIDIC under the Act on Public Procurement

2020 ◽  
Vol 2020 (8) ◽  
pp. 6-8
Author(s):  
Bójko Justyna
Keyword(s):  
Public Procurement ◽  
Public Investment ◽  
The Public ◽  
General Terms ◽  
Strong Stimulation ◽  
Construction Works ◽  
Stimulation Of

The COVID-19 epidemic does not stop investment processes. Moreover, the stimulation of the economy will consist, inter alia, in the strong stimulation of the public investment sector. Therefore, entrepreneurs who currently meet the challenges will not cease to fulfill their obligations and will meet the contractual conditions have a chance to implement further contracts - otherwise, they risk being excluded from future proceedings.

scholarly journals Discrimination as an Instrument of Corruption Schemes in Public Procurement

2021 ◽  
Vol 5 (520) ◽  
pp. 246-251
Author(s):  
A. V. Faizov ◽  
Keyword(s):  
Internal Control ◽  
Public Procurement ◽  
Tender Offers ◽  
The Public ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Number Of Factors ◽  
Imperfect System ◽  
Procurement System

The article characterizes the current state of organizational and legal support for the functioning of the public procurement system, taking into account the novelties of legislation; both the inter-sectoral and the protective principles of bidding, which are closely interrelated and form a single system, are analyzed; the role of the principle of «prevention of corruption actions and abuse», which has a comprehensive influence on the entire mechanism of implementation of the norm-setting innovations, is defined; a number of factors that cause corruption risks and distort the effect of basic principles in the sphere of procurement are distinguished (in particular: dishonest behavior of officials; discretion in making legally significant decisions; insufficient professionalization of bidding; imperfect system of internal control over conduct of tenders and execution of contracts); the concept of discrimination is singled out and its role as an instrument for the implementation of corruption schemes in public procurement is defined. Based on the analysis of the effective practice of appealing by the AMCU, a number of ways of using discriminatory elements by customers at the initial and final stages of bidding are systematized, namely: establishing obvious and hidden excessive requirements in the tender documentation; manipulation of technical and qualitative conditions to the subject of procurement; unjustified disparate approach to participants with the similar errors in the preparation of tender offers. Practical measures to counteract discriminatory violations in the sphere of procurement activities are generalized, which involve the use of the capabilities of the digitized systems «ProZorro» and «DoZorro» with active participation in this process by direct procurement participants, non-governmental organizations, and government authorities.

scholarly journals From state planning to public contracting: a necessary option for susteinable development

2019 ◽  
Vol 10 (2) ◽  
pp. 300-321
Author(s):  
André Ricardo Fonseca da Silva ◽  
Bruno Gomes Bahia
Keyword(s):  
Sustainable Development ◽  
Public Procurement ◽  
The State ◽  
Environmental Crisis ◽  
State Planning ◽  
The Public ◽  
Public Contracting ◽  
Qualitative Research Methodology ◽  
The Republic ◽  
Point Of Intersection

This article is about analyzing the state dynamics that goes from planning, through the public budget, to materialize with public procurement. Its focus is to find, in each of these institutes linked to the economic and financial order, its point of intersection with sustainable development, defended in the present work as one of the fundamental principles of the Republic, through the intertwining of arts. 1º, 3º, 170 and 225 of the Constitution. From this, it sheds some light on what is called sustainable public procurement, calling attention to the state purchasing power, which, because of the large volume of resources it moves, can be an important tool to induce and influence the market to a more sustainable behavior. Thus, recognizing the socio-environmental crisis suffered by the planet, it is intended to articulate forces to develop a culture oriented to reconcile the dimensions of sustainability, especially its economic, social and environmental aspects. Thus, adopting a qualitative research methodology of bibliographic review, it was concluded that, from planning to hiring, the State necessarily needs to opt for sustainable development, under penalty of aggravation of the socio-environmental crisis or even make the effort in sustainable public procurement mere initiatives in the field of public administration.

scholarly journals MEASURING PERFORMANCE QUALITY OF APPLICATION OF PARTICULAR LEGAL SOLUTIONS IN CERTAIN STEPS IN THE PUBLIC PROCUREMENT CYCLE IN MONTENEGRO

2019 ◽  
Vol 29 (1) ◽  
pp. 51-59
Author(s):  
Mersad Mujević
Keyword(s):  
Energy Transport ◽  
Public Procurement ◽  
Point Of View ◽  
Research Activity ◽  
The Public ◽  
Performance Quality ◽  
State Commission ◽  
Business Entities ◽  
Procurement System ◽  
Procurement Contracts

With an aim to achieve a more comprehensive monitoring of public procurement system implementation and an immediate application of the Public Procurement Law and secondary legislation for 2017/2018, I conducted a specific research activity on a sample of 54 respondents or about 9.57% of the total number of parties covered by application of this Law. It is a special-purpose sample, which is composed of individuals having the most experience and knowledge in public procurement affairs, public procurement officers employed in state administration bodies, local selfgovernment units, and business entities operating in the fields of water management, energy, transport and postal services.The aim of the research is to assess the situation regarding application of the Law from the respondents’ point of view, for the period of 12 x 2 months of the years 2017 and 2018.The research was done in a way that I have compiled a questionnaire and submitted it directly to selected representatives of the contracting authorities. The questionnaire contained questions related to the following: the method of organization of public procurement tasks within the contracting authority; the process of public procurement planning; the existence or non-existence of violation of anti-corruption rules and the rules for preventing conflict of interest within the contracting authority; the difficulties related to application of specific public procurement procedures and framework agreements; establishment of optional conditions for assessment of bidders’ capability; the method of conducting low value procurements and urgent procurements; the method of monitoring implementation of public procurement contracts; the training for public procurement tasks; the method of monitoring and observing the decisions of the State Commission for Control of Public Procurement Procedures; the inspection control.After having completed the questionnaire, the contracting authorities submitted their answers electronically, which I processed and analysed.

Sign in / Sign up

Export Citation Format

Share Document