scholarly journals Study Regarding the Planning Stage of the Romanian Public Procurement Process

2019 ◽  
Vol 25 (2) ◽  
pp. 86-92
Author(s):  
Ioan Gabriel Popa ◽  
Roxana Ispas
Keyword(s):  
Process Planning ◽  
Public Procurement ◽  
Public Institutions ◽  
Planning Stage ◽  
Procurement Process ◽  
The Public ◽  
Procurement Contract ◽  
Procurement System

Abstract In order to award a public procurement contract for the acquisition of a product, work or service, the contracting authority must follow a succession of stages, which represent a public procurement process. As a stage of the public procurement process, planning represents all the activities carried out in public institutions that determine their main objectives, the manner in which they are achieved, and what resources will be used during the process. Planning the procurement process is crucial. Failure to properly implement it results in errors and problems during the process of awarding and implementing the contract. The general objective of the paper is to identify and solve the problems that arise during the process of planning the public procurement in Romania, by identifying and anticipating some directions leading to the improvement of the entire public procurement system.

scholarly journals MANAGING PUBLIC PROCUREMENT APPEALS

2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK
Keyword(s):  
Civil Rights ◽  
Process Analysis ◽  
Public Procurement ◽  
Individual Case ◽  
The Public ◽  
Procurement Contract ◽  
Procurement Procedure ◽  
The Moment ◽  
The Right ◽  
Procurement System

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.

scholarly journals Possibilities of the Contracting Authority to Amend the Public Procurement Contract/Framework Agreement

2021 ◽  
Vol 27 (2) ◽  
pp. 72-77
Author(s):  
Ioan Gabriel Popa
Keyword(s):  
Public Procurement ◽  
Framework Agreement ◽  
Procurement Process ◽  
The Public ◽  
Procurement Contract ◽  
The Law ◽  
The Way

Abstract The experience gained in the field of public procurement leads me to the statement that the activity of amending the public procurement contract / framework agreement is a challenging activity for the contracting authority. Maybe not from the perspective of elaborating the documents necessary to operate the change or changes that may be required during the development of the public procurement contract / framework agreement, but rather from the perspective of the solutions offered by the law, solutions that cover only certain areas. Starting from the normative acts in force, this paper aims to identify the situations and the way in which the contracting authority can modify the public procurement contract / framework agreement, the documents to be elaborated and the effects that the modifications might entail. In order to increase transparency, predictability and coherence in relation to the operation of contractual changes, contracting authorities should carry out analyses after each public procurement process as well as of the various practical situations encountered during the execution of contracts.

scholarly journals TOPICAL ISSUES OF IMPROVING THE CONTRACT SYSTEM OF PUBLIC PROCUREMENT IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE

2020 ◽  
pp. 217-220
Author(s):  
Ivan N. Mel’nikov ◽  
Anastasiya Yu. Klimova
Keyword(s):  
Public Procurement ◽  
Modern Science ◽  
The Public ◽  
Existing Problems ◽  
Procurement Contract ◽  
Effi Ciency ◽  
Procurement System ◽  
Legal Barriers ◽  
Constant Improvement

Public procurement today is one of the key processes that meets the needs of the state, so they need constant improvement. This article discusses the issues of increasing the effi ciency of the public procurement system and removing administrative and legal barriers to the implementation of this institution. Modern science and practice fi xes a signifi cant number of shortcomings in the work of the public procurement contract system. In the presented article, only a few of them are considered, such as: long-term accreditation for bidding, the availability of security for the application and contract, as well as the lack of quality personnel potential of customers due to the lack of qualifi cation requirements. Based on a study of law enforcement and enforcement practices in the fi eld of public procurement, topical problems have been identifi ed that impede the achievement of planned performance indicators of the public procurement system and the achievement of strategic government objectives in the fi ght against corruption and the effi cient spending of budget funds. Based on the reviewed experience of improvement in the fi eld of public procurement, the existing problems and shortcomings of participation in public procurement by both participants and customers of purchases were identifi ed. Further, ways to solve them were proposed. As a result of the study, it was possible to formulate proposals for improving legislation aimed at regulating public procurement.

scholarly journals ORGANIZATION OF THE PUBLIC PROCUREMENT PROCESS AT THE LEVEL OF THE CONTRACTING AUTHORITIES IN ROMANIA. PARTICULARITIES AND SOLUTIONS FOR THE MANAGEMENT OF PUBLIC PROCUREMENT PROCEDURES ORGANIZED IN THE CONTEXT OF EMERGENCY OF COVID-19 CRISIS

2020 ◽  
Author(s):  
Costel Ceocea ◽  
Raluca Alexandra Ceocea ◽  
Adrian Vatamaniuc ◽  
Vasile Mihălaș
Keyword(s):  
Decision Making ◽  
Public Procurement ◽  
Good Practice ◽  
Public Institutions ◽  
Negative Effects ◽  
Health Crisis ◽  
Procurement Process ◽  
The Public ◽  
Adoption And Implementation ◽  
Procurement Contracts

The normative framework applicable to public institutions imposes an approach to public procurement management aimed at awarding public procurement contracts in conditions of economic and social efficiency. Achieving the objectives set at the level of the organization, in accordance with the principles underlying the award of public procurement contracts is conditioned by the adoption and implementation of specific procedures, mainly oriented towards the organization of decision-making processes. In the context of the crisis triggered by the new Coronavirus SARS-CoV-2, contracting authorities were forced to organize public procurement processes, in a matter of urgency, on a procedural background less oriented towards adopting fast and efficient decisions, with negative effects both on the available financial resources and on the process of ensuring the flow of products, services and works corresponding to the rhythm imposed by the urgent needs of public institutions involved in managing the effects of the health crisis. This paper aims at individualize the decision-making process in the field of public procurement in Romania, in order to identify models of good practice, procedures and support working tools for optimizing the public procurement process carried out at the level of contracting authorities in a matter of emergency.

scholarly journals TYPOLOGY OF CORRUPTION IN PUBLIC PROCUREMENT

2019 ◽  
Vol 33 (1) ◽  
pp. 47-51
Author(s):  
Mersad Mujević
Keyword(s):  
Public Procurement ◽  
The State ◽  
Security Systems ◽  
Great Opportunity ◽  
The Public ◽  
Gray Area ◽  
Procurement Contract ◽  
State Administration ◽  
Low Levels ◽  
Procurement System

Public procurement, and if by title most of it is public, leaves an impressive marginal gray area in the work of the state administration, the areas left more or less individually controlled by the private sector and the state administration.However, the perception of the public as well as of many participants in the process is "something dubious in the procurement contract".Implementing an efficient and effective public procurement system based on transparency, competition and integrity is not a simple matter. A procurement system with very low levels of transparency and lack of competition was a great opportunity for corruption and it is therefore very important to raise awareness in order to achieve the defective activities that these shipments are suitable for.EU regulations that are purposefully designed to regulate the field of public procurement have been in existence for 40 years and are constantly being updated in the implementation of new initiatives, in particular giving the opportunity to use e-government tools. The previous Laws on Public Procurement of Montenegro have "liberated" and incorporated a large part of the "security" systems and norms that face corruption.

The Architecture of the Public Procurement System in Romania

2020 ◽  
Vol 26 (2) ◽  
pp. 82-87
Author(s):  
Ioan-Gabriel Popa
Keyword(s):  
New Technologies ◽  
Public Procurement ◽  
The State ◽  
Public Institutions ◽  
Conceptual Approach ◽  
Economic Agents ◽  
The Public ◽  
Public Money ◽  
General Meaning ◽  
Procurement System

AbstractNowadays, the field of public procurement has evolved both in terms of the conceptual approach and in terms of the design of a reliable and effective public procurement system. All public institutions or public bodies belonging to the European space are struggling to cope with the budgetary constraints imposed by the reduction of oversized public spending and the increasing public pressure, in order to make public procurement more transparent in the sense of using public money. On the other hand, experts in the field of public procurement are facing another problem, namely the emergence of new technologies that are constantly developing and generate difficulties related to the qualitative choice of products, works or services, new challenges in the development and conclusion of commercial agreements, and especially difficulties in observing the environmental norms. From the perspective of the contracting authority, they are increasingly basing their activities on the online environment for public procurement, using this field in order to reach the economic objectives. The public procurement system has the general meaning of principles and rules in relation to the purchase of products, services or works based on special contracts, i.e. public procurement contracts, completed by a community. As the public body is represented by the state through its institutions, it can be stated that this system administers, manages and controls all public institutions in relation to the way of spending public money through the contracts concluded between the state and economic agents.

scholarly journals Risk Management in Public Procurement Process

2010 ◽  
Author(s):  
Ioana Manea ◽  
Ioana Popa
Keyword(s):  
Risk Management ◽  
Public Procurement ◽  
Optimal Operation ◽  
Negative Effects ◽  
Procurement Process ◽  
The Public ◽  
Legal Provisions ◽  
Simple Error ◽  
Procurement System

Public procurement represents an important part of the current economy reality. Throughout the procurement process, due to the effect of the interaction among the components of the public procurement system, certain actions with significant negative effects on its optimal operation may occur. Risks may turn into certainty either because of a simple error in the development and administration of the procurement process, or because of a deliberate deviation from the existing legal provisions. Therefore, there is an imperative for the implementation of certain risk-avoiding measures, as well as of measures aiming to reduce their negative effects in case of their occurrence.

Researching the public procurement system: An analysis of winning organizations

2020 ◽  
Vol 16 (5) ◽  
pp. 860-884
Author(s):  
V.G. Kogdenko ◽  
A.A. Sanzharov
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Debt Capital ◽  
Scientific Principles ◽  
General Scientific ◽  
Marketing Information ◽  
High Level ◽  
Return On Sales ◽  
Procurement System ◽  
Social Components

Subject. The article deals with the analysis of suppliers in the public procurement system based on reasonable prequalification parameters. Objectives. The aim is to test the hypothesis about strong reputation characteristics of the winners in the public procurement system and develop a methodology for assessing the reputation of suppliers for prequalification purposes. Methods. We employ general scientific principles and methods of research, like abstraction, generalization of approaches used by domestic and foreign authors for prequalification and assessment of reputation of public procurement participants. Results. To test the hypothesis, we calculated four groups of indicators on corporate, financial, market, and social components of reputation. The methodology was tested on the data obtained from SPARK-Interfax and SPARK-Marketing information resources. Conclusions. The study revealed that not all reputational characteristics of public procurement winners can be regarded as high level. In terms of the corporate component, it is the low level of share capital, indicating the mistrust on the part of owners and their reluctance to invest in the business, and the low percentage of non-current assets. In terms of the market component, it is a low sales growth rate, as well as low return on sales. As to the financial component, it is a low capitalization of winners, low share of long-term debt capital and low credit limit. With respect to the social component, it is a below-average tax burden.

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