scholarly journals El Tribunal Administrativo Central de Recursos Contractuales

2012 ◽  
Author(s):  
Juan José Pardo García-Valdecasas
Keyword(s):  
Negative Impact ◽  
Public Procurement ◽  
Competent Authority ◽  
Regulatory System ◽  
Review System ◽  
The Public ◽  
Administrative Procedure ◽  
El Sistema ◽  
Procurement Procedure ◽  
Set Up

<p align="justify">La publicación de la Directiva 2007/66/CE, de 11 de diciembre, del Consejo y el Parlamento Europeo por la que se modificaba la 1989/665/CEE, de 21 de diciembre, tuvo como objetivo el reforzamiento de la eficacia del sistema de recursos en materia de contratación pública. Este reforzamiento se ha traducido entre otras cosas en la suspensión del expediente de adjudicación hasta que se resuelva por el órgano competente sobre el fondo o sobre la conveniencia o no de mantener suspendido el procedimiento. Con estas modificaciones el sistema de recursos español requería o bien de la modificación del procedimiento contencioso administrativo, al menos en lo referente a la suspensión del acto recurrido, o la creación de un órgano especializado que ejerciera la competencia para resolver estos recursos. Las peculiaridades del procedimiento contencioso administrativo y la especial carga de trabajo que recae sobre los tribunales de este orden jurisdiccional, aconsejaron al legislador español hacer uso de la posibilidad contenida en la Directiva 89/665/CEE de encomendar la competencia a un órgano administrativo independiente. Este es el origen del Tribunal Administrativo Central de Recursos Contractuales y de los órganos equivalentes creados por las Comunidades Autónomas. Su regulación debe contemplar como requisito esencial el de eficacia lo cual comporta, además de su independencia, la necesidad de establecer unas pautas de resolución inexcusablemente breves. Sólo de esta forma es posible conjugar la necesidad de dar satisfacción a las pretensiones de los recurrentes cuyos recursos se estimen con la de no incidir de forma negativa en la contratación pública dilatando más allá de lo prudente la suspensión del procedimiento contractual. El artículo que sigue sobre la materia trata de dar respuesta a las pregu ntas que derivan de los planteamientos anteriores.</p> <p align="justify"><b>The publication of Directive 2007/66/EC, of 11 December, of the European Parliament and of the Council, amending Directive 1989/665/EEC, of 21 December, was aimed at improving the effectiveness of the review system concerning the award of public contracts. This improvement has, among other things, given rise to the suspension of the contract award procedure until the competent authority has adopted a decision on the issue in question or on the appropriateness of maintaining the procedure suspended. With these changes the Spanish review system needed to either modify the contentious administrative procedure, at least with regard to the suspension of the contested act, or set up a specialised body with jurisdiction to resolve these reviews. The peculiarities of the contentious-administrative procedure and the considerable workload of the courts in this jurisdiction pushed the Spanish legislator to make use of the possibility contained in Directive 89/665/EEC to confer the review procedure on an independent administrative body. This marked the birth of the Public Procurement Review Central Administrative Court and the equivalent bodies set up in the autonomous regions. Their regulatory system should place emphasis on the essential requirement of effectiveness, which, apart from independence, includes the need to establish necessarily brief resolution guidelines. This is the only possible way to balance the need to recognise the claims of appellants whose reviews are upheld with the need to avoid the negative impact on public procurement of prolonging the suspension of the public procurement procedure longer than is reasonable. The article that follows seeks to answer the questions that derive from the issues raised above.</p>

scholarly journals El Órgano administrativo de Recursos Contractuales de Cataluña: un nuevo avance en la garantía del derecho a una buena administración

2012 ◽  
Author(s):  
Juli Ponce Solé ◽  
Óscar Capdeferro Villagrasa
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Administrative Authority ◽  
The Public ◽  
El Sistema ◽  
Full Independence ◽  
The Creation ◽  
Set Up ◽  
The Right ◽  
Procurement System

<p align="justify">Entre las reformas introducidas por la Ley estatal 34/2010 en el sistema de contratación pública figura la creación del Tribunal Administrativo Central de Recursos Contractuales, así como el mandato a las comunidades autónomas para el establecimiento de órganos análogos en distintos ámbitos dentro de su territorio. En su cumplimiento, la Comunidad Autónoma de Cataluña ha creado, mediante sendas leyes, el Tribunal de Recursos Contractuales del Parlamento de Cataluña y el Órgano Administrativo de Recursos Contractuales de Cataluña. Se trata de órganos especializados en materia de revisión de procedimientos de contratación, configurados con plena independencia funcional en el ejercicio de sus funciones, que son, principalmente, la resolución de los recursos especiales en materia de contratación y las cuestiones de nulidad correspondientes. La configuración de órganos administrativos independientes como esos supone un avance en el reforzamiento y protección del derecho a una buena administración.</p> <p align="justify"><b>The reforms introduced in the public procurement system under State Law 34/2010 include the creation of the Public Procurement Review Central Administrative Court, and the requirement imposed on the autonomous regions to establish similar authorities for different areas in their territory. In compliance with this requirement, the Autonomous Region of Catalonia has created, under the respective laws, the Public Procurement Review Court of the Parliament of Catalonia and the Public Procurement Review Administrative Authority of Catalonia. These bodies are specialised in reviewing public procurement procedures and are set up to carry out their functions with full independence. Their main functions are the settlement of special public procurement reviews and the respective issues of nullity. The creation of these independent administrative authorities is another step towards strengthening and protecting the right to a good public administration.</p>

scholarly journals European Union One Health Country Visits as Driver to Combat on Antimicrobial Resistance

2020 ◽  
Vol 41 (S1) ◽  
pp. s222-s222
Author(s):  
Pita Spruijt ◽  
Paul Bergervoet ◽  
Robbin Westerhof ◽  
Merel Langelaar ◽  
Marie-Cécile Ploy
Keyword(s):  
European Union ◽  
Antimicrobial Resistance ◽  
Peer Review ◽  
Infection Prevention ◽  
One Health ◽  
Competent Authority ◽  
Political Agenda ◽  
The European Union ◽  
Review System ◽  
Set Up

Background: In 2016, the European Union adopted unanimously Council Conclusions on the next steps to combat antimicrobial resistance under a One Health approach. To implement some of the provisions laid down in the Council Conclusions, a European Joint Action on Antimicrobial Resistance (AMR) and Healthcare-Associated Infections (HCAI) or EU-JAMRAI was set up, gathering 44 partners. Methods: As part of EU-JAMRAI, 13 participating European countries set up a country-to-country peer review system to evaluate each other’s national action plans (NAPs). This review system entailed a self-assessment, strengths–weaknesses–opportunities–threats (SWOT) analysis, and country visits. All steps were executed with representatives from both the human and the veterinary domains (One Health approach). Special attention was given to supervision and the way supervision can enhance the implementation of guidelines on AMR, both at the policy level and within healthcare institutions. Results: Despite differences in the stage of developing and implementing NAPs, all 13 countries are working on NAPs. In this process, country visits function as a moment to exchange best practices and to provide an outsider’s point of view. At the end of 2019, 13 country-to-country visits had taken place, resulting in tailor-made recommendations for each country. These recommendations were shared with the competent authority. An example is a country that used the recommendation to improve infection prevention as an immediate reason to get the topic on the agenda of the Ministry of Health. During the country visits, intersectoral participation was perceived as desirable, but in some cases it was challenging to arrange. For some highly relevant topics, it has been recognized that discussion should take place on a European level. Examples of such topics include supervision, infection prevention guidelines, funding, surveillance, and regular audits of antibiotic prescriptions for physicians including feedback loops. Conclusions: Peer review is a cooperative and friendly working method compared to common audits. The country visits function as an agenda setting tool to get or to keep AMR on the political agenda and presenting the most relevant topic(s) to address for each country.Funding: NoneDisclosures: None

Audit Assessment of the Effectiveness of Public Procurement Procedures

2021 ◽  
Vol 12 (3) ◽  
pp. s085-s107
Author(s):  
Iryna Drozd ◽  
Mariia Pysmenna ◽  
Nataliia Pohribna ◽  
Nataliya Zdyrko ◽  
Anna Kulish
Keyword(s):  
Cost Effectiveness ◽  
Public Procurement ◽  
Risk Indicator ◽  
Individual Values ◽  
State Budget ◽  
The Public ◽  
Efficiency Cost ◽  
Procurement Procedure ◽  
Using Data ◽  
Risk Parameters

The article seeks describing the benefits and challenges faced by auditors in assessing the effectiveness of public procurement procedures in terms of applying the methodology for calculating efficiency, economy and effectiveness, taking into account the risks of procurement in e-auctions. Quantitative risk parameters are calculated using data of probabilistic indicators of procurement risk assessment according to the ratio of the number of relevant procedures (sub-threshold and above-threshold) to the total number of procurement procedures. Statistical valuation methods are used for the cost risk assessments and calculation of the aggregate risk indicator of public procurement. The calculations are performed using the data of the open e-procurement system ProZorro for all announced procurements in 2018-2019. We analyzed the methods, indicators and the extent to which the study of the public procurement effectiveness via bibliographic and case studies is performed. As a result, the majority of methods cover four components of assessing the public procurement efficiency - targeted efficiency, cost-effectiveness, organizational efficiency, efficiency of budget expenditures for public procurement. This does not provide an assessment of the automated systems’ impact on the procurement procedures results and on possible savings due to the use of certain procurement procedures. To comprehensively assess the procurement efficiency in e-bidding, the authors propose considering four key risks: the risk of cancellation of the procurement procedure, the risk that the procurement procedure will not take place, the risk of appealing the procurement, the risk of disqualification. As a result of risks calculations under the sub-threshold and above-threshold procurement, individual values of risks and their aggregate indicator are determined. This will adjust the scope of audit procedures to verify individual procurements and identify weaknesses in the procurement management system. We believe that the methodology of auditing the procurement effectiveness, taking into account the quantitative and qualitative parameters of procurement risks, will be a useful audit tool to determine the effectiveness of the use of public funds under individual procurements and identify areas of cost-effectiveness for the state budget funds.

Influence of the Public Procurement Procedure Type on the Duration of Public Procurement

2018 ◽  
Vol 16 (2) ◽  
pp. 361-378 ◽  
Author(s):  
Mladen Čudanov ◽  
Predrag Jovanović ◽  
Ondrej Jaško
Keyword(s):  
Linear Models ◽  
Central Government ◽  
Public Procurement ◽  
Local Level ◽  
Indirect Costs ◽  
Process Efficiency ◽  
Procurement Process ◽  
The Public ◽  
Procurement Procedure ◽  
Procedure Type

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.

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 Actual problems of economic activity of communal commercial enterprises in Ukraine

2020 ◽  
pp. 89-96
Author(s):  
Vadym Koverznev
Keyword(s):  
Economic Activity ◽  
Local Governments ◽  
Local Community ◽  
Negative Impact ◽  
Public Procurement ◽  
The European Union ◽  
Public Authorities ◽  
Goods And Services ◽  
Commercial Activities ◽  
Procurement Procedure

In the article are accented attention on that the modern state of economy of Ukraine is in the crisis state.. In these conditions, there is an urgent need to save budget funds spent on ensuring the activities of public authorities and local governments, and the implementation of their powers. This problem is partially solved by the legislation on public procurement, which should serve as a means of economic growth in Ukraine. In the foreign member states of the World Trade Organization Agreement, the participant of which Ukraine is, public procurement is used primarily to develop innovation and improve the quality of life; the most popular means of innovation in the European Union, which is not yet on the market, are pre-commercial procurement, which is carried out in order to research and develop new innovative solutions. Unfortunately, in Ukraine such projects does not develop and public purchases are used exceptionally with the aim of budgetary cost effectiveness, during realization of purchases for satisfaction of current necessities of public and organs of local self-government authorities, that not in a complete measure answers their setting. An analysis of the current legislation of Ukraine on public procurement provides grounds for the conclusion that it applies to all utilities without exception, including those created for commercial activities and profit in the interests of the local community. However, proving the fact, that the economic activity of enterprise has exclusively commercial in nature and is not carried out at the expense of the budget, releases the municipal commercial enterprise from the obligation to comply with the public procurement procedure established by the Law of Ukraine “On Public Procurement” services. The need for public procurement has a negative impact on the economic performance of utility companies, as in many cases it forces them to purchase cheap goods and services that do not meet the company’s requirements for functionality or quality. Suchsituation reduces the interest in development of communal commercial enterprises and encourages owners to liquidate them, which creates the preconditions for the emergence of corrupt schemes to withdraw funds from local budgets. With the aim of conditioning for effective realization by the business communal enterprises of economic activity in interests of local communities, the leadingout of these enterprises offers the author of the article from under the action of legislation of Ukraine about public purchases. Key words: purchases for budgetary funds, public procurements, communal commercial enterprises.

scholarly journals MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

2018 ◽  
Vol 4 (2) ◽  
pp. 333-357
Author(s):  
Theodora Pritadianing Saputri
Keyword(s):  
Public Procurement ◽  
Corporate Restructuring ◽  
The Public ◽  
Freedom Of Contract ◽  
Fair Competition ◽  
Procurement Procedure ◽  
The Government ◽  
Public Contract

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract.  In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

scholarly journals Contract for Public Procurement in Terms of Private Law

2021 ◽  
Vol 80 (1) ◽  
pp. 139-143
Author(s):  
О. Л. Зайцев ◽  
С. В. Ясечко
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Critical Analysis ◽  
Public Procurement ◽  
The Public ◽  
Contract Price ◽  
Provision Of Services ◽  
Procurement Procedure ◽  
The Cost ◽  
Civil Contract

The authors have analyzed the way of the origin and consolidation of the public procurement procedure in the Ukrainian national law from 1993 till the present day. That allowed us to determine the main conditions of public procurement, which have not changed during the whole period of existence of the independent legal system of Ukraine, and to critically evaluate them. Namely, the basis for payment is a report on the results of public procurement during the procurement of goods, works or services, and the cost of procurement should have been equal to or have exceeded the amount of UAH 200,000. The main scientific works focused on the consideration of public procurement issues in various branches of Ukrainian law have been summarized. The concept of the contract for procurement has been generalized and its features have been listed: the contract for procurement is an agreement between the customer and the participant (most of the parties), aimed at establishing, transferring or terminating property rights and obligations, which is concluded as a result of the procurement procedure and which provides the acquisition of freehold interest in the property, provision of services or performance of works. The main conceptual contradictions between the contract for procurement, the civil contract and the commercial agreement have been established and characterized. Based on the analysis of tender, civil and commercial legislation, the authors have carried out a critical analysis of the contract for procurement in terms of understanding and essential terms of the general civil contract, namely: violation of the concept of free agreement between the parties, non-compliance with equality of the rights, unreasonable narrowing of the contract for procurement up to the provision of services, performance of works or acquisition of ownership for goods, which contradicts the draft contract included in the tender documentation, the impossibility of reducing the contract price in the direction of reduction as agreed by the parties, the lack of electronic form of the contract for procurement provided by the tender legislation.

scholarly journals Sustainable Public Procurement: Realization of the Social Aspect in Republic of Lithuania

2014 ◽  
Vol 15 (4) ◽  
pp. 302-315 ◽  
Author(s):  
Virginijus Kanapinskas ◽  
Žydrūnas Plytnikas ◽  
Agnė Tvaronavičienė
Keyword(s):  
Public Procurement ◽  
Good Practice ◽  
Social Aspect ◽  
The Public ◽  
Fair Competition ◽  
Social Sphere ◽  
Effective Implementation ◽  
The Social ◽  
Procurement Procedure ◽  
Main Ideas

Public procurement concentrates large public sector’s purchasing power, and has a significant impact on each country’s economic development. The purpose of public procurement procedure is transparency, non-discrimination and accordance to the principles of fair competition in acquisition of goods, services and works necessary for the smooth functioning of the public administration. Besides, public procurement can be one of the most important instruments for sustainable development and other purposes useful to the whole society and the economy of the country. This article briefly discusses the concept of sustainable public procurement, reveals its main ideas and applications. One of them, the social sphere, was chosen the main object of the research. The possibility to decrease unemployment, to increase an integration of socially vulnerable group, and to achieve other socially-oriented goals through an effective implementation of the social aspect of sustainable public procurement has been illustrated. Thus, the article analyses the concept of social procurement, assesses the current situation in Lithuania, overviews the good practice of other countries and provides recommendations for measures to extend the application of socially oriented procurement.

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