Bid rigging in public procurement market according to the decisions of the President of the Office of Competition and Consumer Protection

2018 ◽  
Vol 5 (2) ◽  
pp. 161
Author(s):  
Konrad RÓŻOWICZ
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Consumer Protection ◽  
Design Research ◽  
Public Procurement ◽  
Appeal Chamber ◽  
Interesting Issue ◽  
Market Control ◽  
The Public ◽  
Bid Rigging

Aim: In the practice of awarding public contracts, sometimes the behavior of market actors, instead of competing with other entities, are aimed at illegal cooperation, including bid rigging. The above shows that healthy competition is not possible without efficient market control. In public procurement market this control is, primarily, carried out by public procurement entities: the President of the Public Procurement Office (Prezes UZP) and the National Appeal Chamber (KIO), and furthermore by President od the Office of Competition (Prezes UOKiK) and Consumer Protection and the Court od Competition and Consumer Protection. and Consumer Protection (SOKiK). The interesting issue is how the activities of the President of Office of Competition and Consumer Protection targeted  to contend with bid rigging affects on the activities of President of the Public Procurement Office (Prezes UZP) or the National Appeal Chamber (KIO). Design / Research methods: analysis and comparison decisions/ judgment issued by the President of the Public Procurement Office, National Appeal Chamber, the President of  the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection. Conclusions: The analysis has shown that the existence of specificities in the activities of the decision-making bodies and the judgments examined. However, in keeping with the specificity of the forms and objectives of control, these entities should cooperate, to a greater extent than before. Expanding the scope of cooperation would make it possible to better contend with bid rigging without changing the competition protection model. The introduction of institutionalized instruments for cooperation between the authorities seems to be valuable in terms of system solutions. Value of the article: The main value of the article is the comparison of selectively selected decisions and judgments representative of the problem under consideration and their comparative analysis in order to achieve the research objectives. The article deals with issues relevant to both public procurement practitioners and the state bodies dealing with procurement matters.

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.

LOCAL GOVERNMENT SERVICING UNITS AS A CENTRAL CONTRACTING AUTHORITY

2020 ◽  
Vol 1 (XX) ◽  
pp. 111-121
Author(s):  
Kamila Żmuda-Matan
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Public Procurement ◽  
Shared Services ◽  
The Public ◽  
Joint Activities ◽  
The Law ◽  
Special Provision

The scope of tasks entrusted to the servicing units, the so-called shared services centres, as part of the joint service results from the resolution of the decision-making body of the local government unit or from an agreement concluded between units, with restrictions resulting from the local government laws. By means of a special provision of the public procurement law, the legislator granted the competence to indicate or appoint an entity performing central contracting tasks or to specify the method of appointing such entities to the decision-making body of the local government unit. The competences of the commune council also include determining the scope of activities of these entities in accordance with Art. 15c of the Public Procurement Law. The perspective of providing by the commune of the joint service of the commune’s organisational units may therefore include joint activities in the scope of the procurement procedures, but then it is necessary to apply both the provisions of the law on commune government and the public procurement law. The indication or appointment of a central contracting authority by the decision-making body of the local government unit must be the activity preceding the transfer of specific tasks in the field of public procurement to this entity.

scholarly journals Ways to improve the efficiency of the public procurement market of the Republic of Kazakhstan

2021 ◽  
pp. 77-89
Author(s):  
R. K. Yelshibayev ◽  
S. A. Kozhabaeva ◽  
B. T. Beisegaliyev
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Statistical Analysis ◽  
Public Procurement ◽  
The Public ◽  
Socio Economic Development ◽  
General Scientific ◽  
The Republic ◽  
Procurement System ◽  
Conceptual Foundations

Purpose of research. Development of theoretical and methodological provisions and economically sound proposals to improve the efficiency of the public procurement system of the Republic of Kazakhstan.Methodology. In the course of the study, various methods of general scientific knowledge, comparative analysis, economic and statistical analysis were used.Originality / value of research. The results of the study can be used in the development of regional target programs for socio-economic development, amendments and additions to the legislative and regulatory acts regulating the processes of state procurement.Research results. Through the application of appropriate research methods, the conceptual foundations of the public procurement market are disclosed, the evolution of the public procurement system of the Republic of Kazakhstan is tracked, a comparative analysis of Kazakhstani and foreign experience in building this system is carried out, the main problems of the public procurement market functioning are identified and theoretical and methodological provisions and economically sound proposals are developed. to improve its efficiency.

scholarly journals The Failure of the Court to Protect Consumers: A Review of Consumer Dispute Resolution in Indonesia

2020 ◽  
Author(s):  
M. Syamsudin
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Empirical Data ◽  
Dispute Settlement ◽  
Public Trust ◽  
Decision Making Process ◽  
Access To Justice ◽  
Entire System ◽  
The Public

Abstract Indonesia needs strong measures to protect its consumers, which leads to the creation of the Consumer Dispute Settlement Agency (BPSK) as an arbiter to settle disputes between consumers and businesses efficiently. The Indonesian Supreme Court (MARI) has set aside an alarming number of BPSK arbitral awards, putting the entire system in jeopardy. The aims of this study are to examine the empirical data on MARI’s decisions in setting aside arbitral awards and analyse their decision-making process. This research shows how MARI has been interpreting the statue promulgating the BPSK very narrowly. The result of MARI’s interpretation of the law has deep implications for consumer protection in Indonesia, namely that the public trust in the enforcement of Consumer Protection Law by BPSK has been severely diminishing, leaving consumers without meaningful access to justice or protection of their rights.

Politicization of bureaucracy : A framework for measurernent

Res Publica ◽  
1970 ◽  
Vol 16 (2) ◽  
pp. 279-302
Author(s):  
R.B. Jain
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Public Affairs ◽  
Political Systems ◽  
Political Activities ◽  
The Public ◽  
Political Interference ◽  
Different Dimensions

The idea that bureaucracy is a «rational» and «depoliticized» instrument in the conduct of public affairs, has recently come under severe criticism. Assuming the inevitable trend towards «politicization», modern bureaucracies can possibly be classified info four different categories, i.e. : «De-politicized», «Semi-politicized», «Committed» and «Fully-politicized». Such a classification is based on the operationalization of certain indices on four different dimensions viz. a) Degree of Bureaucracy's Influence in Decision-making; b) Degree of its Involvement in Political Activities; c) Degree of Political Interference in its Work and d) its Image in the Public. The extent of «politicization» of any bureaucratic system and its actual deviation from the defined categories will, however, depend upon the available pattern of the characteristic indices in that particular society. Notwithstanding certain difficulties in the operationalization of such indices, the model should be helpful in providing a framework for a comparative analysis and measurement of «politicization» of bureaucracies in different political systems.

The Public Procurement Rules in Action: An Empirical Exploration of Social Impact and Ideology

2014 ◽  
Vol 16 ◽  
pp. 13-37 ◽  
Author(s):  
Amy Ludlow
Keyword(s):  
Decision Making ◽  
Financial Crisis ◽  
Public Goods ◽  
Social Impact ◽  
Public Procurement ◽  
Ethnographic Study ◽  
Member States ◽  
The Public ◽  
Competitive Tendering ◽  
Market Values

AbstractGovernments are increasingly turning to the market to provide public goods, works and (perhaps most controversially) services. Markets, and market values, have come to govern our lives as never before and the financial crisis appears to have done little to dampen governments’ faiths in markets. The public procurement rules define some of the parameters within which governments must engage with the market but the ideology of these rules, particularly how much ‘space’ they afford Member States to pursue non-commercial policies in their procurement decision-making, is deeply contested. This chapter argues that there is a missing empirical dimension to these ideological discussions. It seeks to partially redress this by presenting findings from an ethnographic study of a competitive tendering exercise at a British prison, from which it is argued that a more complex ideological picture emerges than appears from doctrinal analyses of the rules.

A Comparative Analysis of the Nigerian Public Procurement Act Against International Best Practice

2014 ◽  
Vol 59 (1) ◽  
pp. 85-98 ◽  
Author(s):  
Sope Williams-Elegbe
Keyword(s):  
Comparative Analysis ◽  
World Bank ◽  
Best Practice ◽  
Public Procurement ◽  
State Level ◽  
Assessment Report ◽  
The Public ◽  
The World Bank ◽  
The World

AbstractPrior to 2007, Nigerian public procurement was not formally regulated, in the sense that there was no law governing procurement at the federal or state level. This changed with the enactment in 2007 of the Public Procurement Act. This act was passed on the recommendation of the World Bank, which had conducted a country procurement assessment report on Nigeria in 1999. This article seeks to determine whether the Public Procurement Act meets the requirements of international best practice. The article examines what may be regarded as international best practice in the public procurement context and analyses whether the Nigerian Public Procurement Act contains provisions which accord with this practice. It also considers what factors are limiting the adoption of international best practice in the Nigerian context.

scholarly journals Detecting Bid-Rigging in Public Procurement. A Cluster Analysis Approach

2021 ◽  
Vol 11 (1) ◽  
pp. 13
Author(s):  
Mihail Busu ◽  
Cristian Busu
Keyword(s):  
Cluster Analysis ◽  
Public Procurement ◽  
Nonparametric Tests ◽  
Procurement Auctions ◽  
Statistical Hypothesis ◽  
Limited Participation ◽  
The Public ◽  
Nonparametric Statistical Methods ◽  
Nonparametric Statistical ◽  
Bid Rigging

This paper analyses the public procurement auctions for snow removal contracts to find out whether bid-rigging occurred. Due to the limited participation in the auction processes, detection of anticompetitive agreements was possible. The econometric analysis used in our study supported the findings of a cartel agreement. Cluster analysis, statistical hypothesis, normality and symmetry and nonparametric tests reveal two types of auctions: competitive and noncompetitive bids. The aim of this paper is to analyze the public procurement auctions with nonparametric statistical methods. Our findings are in line with the literature in the field.

scholarly journals Las ofertas anormalmente bajas y el procedimiento abierto simplificado

2019 ◽  
pp. 477-499
Author(s):  
Jaime PINTOS SANTIAGO
Keyword(s):  
Comparative Analysis ◽  
Public Sector ◽  
Public Procurement ◽  
Practical Approach ◽  
The Public ◽  
Public Sector Managers ◽  
Simplified Procedures ◽  
Simplified Procedure

LABURPENA: Artikulu honek aztertzen du, plano konparatibo batean, Sektore Publikoko Kontratu Legearen testu bategina onartzen duen azaroaren 14ko 3/2011 Legegintzako Errege Dekretuaren 152. artikuluaren erregulazioa (hemendik aurrera SPKLRB), zentratuz lege berrian (9/2017 Legea, azaroaren 8koa, Sektore Publikoko Kontratuena) prozedura ireki sinplifikatuetan egiten diren eskaintza anormalki baxuegiei ematen zaie tratamenduan. Azterketa ikuspuntu praktiko batetik egin da, nahita, eta, ondorioez gain, aholkuak eskaintzen ditu, baita baldintza-agirietarako administrazio-klausulen ereduak ere, administrazio-kontratazioaren kudeatzaile publikoei aukera emateko gaur egungo erregulazioak planteatzen dituen arazoak konpontzeko (ebaluazioa, sailkapena eta, hala badagokio, prozedura ireki sinplifikatuetako zein beste kontratazio-prozeduretako eskaintza anormalak). ABSTRACT: The issue analyzed and studied in this work is the product of a comparative analysis of the former regulation as set out by section 152 of the Royal Legislative Decree 3/2011 of November 14th approving the restated text of the Public Procurement Act (hereinafter, TRLCSP), focusing on the processing of the abnormally low tenders in the framework of the open simplified procedures according to the wording of the new Act 9/2017 of November 8th, on the Public Sector Contracts. This study follows an intended practical approach that apart from conclusions gives recommendations and it likewise adds models of administrative clauses for the procurement specifications allowing public-sector managers that deal with public sector procurement to solve the problems that the current legislation raises regarding assessment, classification and the abnormality of the tenders submitted in an open simplified procedure and also in other public procurement procedures. RESUMEN: La cuestión que es objeto de análisis y estudio en este artículo proviene de un plano comparativo con la anterior regulación contenida en el ar tículo 152 del Real Decreto Legislativo 3/2011, de 14 de noviembre, por el que se aprueba el texto refundido de la Ley de Contratos del Sector Público (en adelante TRLCSP), centrándonos en el tratamiento de las ofertas anormalmente bajas en el procedimiento abierto simplificado conforme a la redacción contenida en la nueva Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público. El estudio tiene un pretendido enfoque práctico, que además de conclusiones aporta recomendaciones y suma asimismo modelos de cláusulas administrativas para los pliegos, permitiendo a los gestores públicos de la contratación administrativa solventar los problemas que la actual regulación conlleva respecto a la evaluación, clasificación y, en su caso, anormalidad de las ofertas planteadas en el procedimiento abierto simplificado y, también, en otros procedimientos de contratación.

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