scholarly journals RISK MANAGEMENT IN PUBLIC PROCUREMENT PROCESS. PARTICULARITIES AND SOLUTIONS FOR OPTIMIZING PUBLIC PROCUREMENT IN ROMANIA IN THE CONTEXT OF EMERGENCY CAUSED BY THE COVID-19 CRISIS

2020 ◽  
Author(s):  
Costel Ceocea ◽  
Raluca Alexandra Ceocea ◽  
Adrian Vatamaniuc ◽  
Vasile Mihălaș
Keyword(s):  
Risk Management ◽  
Public Procurement ◽  
National Level ◽  
Legal Framework ◽  
Public Institutions ◽  
Management Tools ◽  
Procurement Process ◽  
Rapid Changes ◽  
Management Factors ◽  
High Uncertainty

Public procurement involves adequate risk management, specific to the procurement portfolio established at the level of the organization. In order to achieve the proposed objectives, in accordance with the regulated framework established at the level of public institutions from Romania, decisions made at the level of contracting authorities must be based on risk management tools and mechanisms. These tools and mechanisms are defined on the basis of analyses of public procurement processes, carried out in compliance with the legal framework applicable at both European and national level. The new context created at the level of the contracting authorities in Romania, with the onset of the COVID-19 crisis, forced the management factors to adopt emergency decisions, to manage new risks and to implement rapid changes in public procurement processes, in the context of high uncertainty. This paper aims at analyzing the way decisions are made at the level of contracting authorities in Romania, in order to identify specific risk management mechanisms, based on the assessment and anticipation of risks related to public procurement organized in an matter of emergency.<div id="mouseposition-extension-element-full-container" style="position: fixed; top: 0px; left: 0px; right: 0px; bottom: 0px; pointer-events: none; z-index: 2147483647; font-weight: 400;"> </div><div id="mouseposition-extension-element-full-container" style="position: fixed; top: 0px; left: 0px; right: 0px; bottom: 0px; pointer-events: none; z-index: 2147483647; font-weight: 400;"> </div><div id="mouseposition-extension-element-full-container" style="position: fixed; top: 0px; left: 0px; right: 0px; bottom: 0px; pointer-events: none; z-index: 2147483647; font-weight: 400;"> </div><div id="mouseposition-extension-element-full-container" style="position: fixed; top: 0px; left: 0px; right: 0px; bottom: 0px; pointer-events: none; z-index: 2147483647; font-weight: 400;"> </div>

scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza
Keyword(s):  
Public Procurement ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Legal Framework ◽  
Public Institutions ◽  
P Value ◽  
Public Officials ◽  
The Public ◽  
Political Interference ◽  
The Law

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

scholarly journals Foreign experience in risk management in the procurement of goods, works and services in the field of construction

2018 ◽  
Vol 6 (1-2) ◽  
pp. 37-41
Author(s):  
O. M. Nepomnyashchyy ◽  
T. K. Mitropan
Keyword(s):  
Risk Management ◽  
Public Procurement ◽  
The State ◽  
Theory And Practice ◽  
Important Place ◽  
Procurement Process ◽  
Foreign Experience ◽  
Strategic Role ◽  
Industry Creation ◽  
Coordination Function

In the article, with the help of theory and practice, the essence of foreign experience of risk management in the system of procurement of goods, works and services in the field of construction, its application content is disclosed. The main objectives of controlling purchases in the field of construction, which are provided with planning functions, are analyzed; analytical function; information function; coordination function. An important place is taken into assimilating of the different approaches to insurance of risks in the system of procurement of goods, works and services in the field of construction, differing in the degree of public participation. It is determined that the system of state purchases plays a strategic role in the construction sphere and promotes: modernization of infrastructure in the construction industry; creation of new methods and technologies of construction; housing and communal services development; improvement of personnel training, etc. It is stated that the achievement of the goals of organizing the procurement process in the construction and operation of facilities is based on the principles of openness and transparency of information contained in contracts for the procurement of construction services; provision of competition; professionalism of clients; stimulating innovation; harmony of contractual systems in the construction procurement field; realization of state and municipal needs. Changing the functions of the state in the complex conditions of development of the new economic system in one way or another affects all aspects of state participation in the economy, including in the construction sector. The state carries out the functions that their implementation is associated with significant material costs and is accompanied by mandatory costs for the purchase of certain types of construction goods, works and services.In general, the public procurement process is proposed to be seen as a mechanism by which countries allocate accumulated public funds to meet public needs and ensure the functioning of the country. The stimulating, innovative role of procurement in construction is manifested in the fact that the state, acting as a customer, is also the «first buyer» of new types of construction products and samples of experimental products in the field of construction, which have not, so far, been serial.

Public Procurement Framework in India

2017 ◽  
pp. 229-248 ◽  
Author(s):  
Prabir Panda ◽  
G. P. Sahu
Keyword(s):  
Life Cycle ◽  
Public Sector ◽  
Environmental Sustainability ◽  
Life Cycle Cost ◽  
Public Procurement ◽  
Public Institutions ◽  
Public Confidence ◽  
Procurement Process ◽  
Legislative Framework ◽  
The Subject

Studies highlight that public procurement in any country acts as a barometer of public confidence in fairness and transparency of public institutions. A number of cases related to corruption in public procurement in the country have been highlighted by media on regular basis. These incidents raise questions regarding robustness of the procurement framework in vogue in the country. Though no special legislative framework dealing with public procurement exists in the country, the administrative guidelines on the subject are quite exhaustive. Procurement is not a state subject; hence law can be made by the Centre for entire country. However, no separate law governing public procurement has been enacted in India. However, public procurement in India is not bereft of its share of issues. Multiplicity of instructions, absence of procurement law and singular emphasis on upfront value of acquisition without considering life cycle cost mars public procurement in India. Further, social and environmental sustainability has also not received the attention it deserves. Studies highlight that migration of public procurement to Internet could provide us savings of up to 25% by streamlining 30% of Indian Union Budget spent on provisioning of goods / services. However, any such endeavor has 70% chances of failure. With only 13% e-procurement research focusing on public sector make matter worse. In the above backdrop, the chapter would cover: Importance of public procurement, Difference between public and corporate procurement, Overview of procurement framework of the country - covering constitutional/ legislative/ administrative provisions, generic public procurement process, various types of procurements – limited tender, open tender, single tender, issues in public procurement of the country and e-procurement initiatives by Government of India and status thereof.

scholarly journals Procurement challenges in the Zimbabwean public sector: A preliminary study

2015 ◽  
Vol 9 (1) ◽  
Author(s):  
Abel Dzuke ◽  
Micheline J.A. Naude
Keyword(s):  
Service Delivery ◽  
Public Procurement ◽  
Leadership Skills ◽  
Structured Interview ◽  
Legal Framework ◽  
Procurement Process ◽  
The Public ◽  
Body Of Knowledge ◽  
Interview Guide ◽  
Strategic Recognition

Background: State Procurement Board procedures and the public procurement process have been blamed for the lagging behind of government projects that impact on public service delivery in Zimbabwe.Objectives: This article provides insight into challenges resulting from the legal framework for public procurement in Zimbabwe that detract from service delivery.Method: Empirical data was collected through in-depth interviews with five participants at five public entities, using a semi-structured interview guide. Content analysis was used to analyse the primary data.Results: The findings revealed various challenges in the public procurement process that detract from service delivery. These include a lack of strategic recognition of the procurement function and procurement policy; a lack of professional, managerial and leadership skills; a lack of appropriated funds from Treasury; and a lack of accountability in the procurement process.Conclusion: There is a dearth of research on the public procurement process and its efficiency in Zimbabwe, and this study contributes to the existing body of knowledge by identifying areas through which public procurement can be improved in Zimbabwe.

scholarly journals Methodical approaches for reducing the credit risk

2021 ◽  
Vol 11/1 (-) ◽  
pp. 16-20
Author(s):  
Tetiana HORODETSKA ◽  
Kateryna ZAICHENKO ◽  
Alla IVASHCHENKO
Keyword(s):  
Risk Management ◽  
Credit Risk ◽  
Banking System ◽  
Developed Countries ◽  
Legal Framework ◽  
Foreign Banks ◽  
Methodological Framework ◽  
Credit Risk Management ◽  
Management Tools ◽  
Starting Point

Banking is inevitably associated with risks. No matter what efforts the bank makes to minimize risks, they will always exist – the only question is to what extent. Lending operations are among the most profitable types of banking, but they are associated with a high level of risk. The instability of the economic situation in the country, the imperfection of the legal framework in this area necessitate a detailed study of the problems of minimizing credit risks. It should be noted that the choice of methods of credit risk management in the bank is quite relevant today. Credit risk management is the most important task of any bank, and choosing the right method of credit risk management will increase the stability, reliability and competitiveness of the banking system, which will positively affect the overall economic condition of the country. Credit risk is the oldest in the system of banking risks and occupies a prominent place. It is necessary to work out an effective system of using the tools recognized by the world banking community to minimize risks, given the possibility of their transfer from the bank to investors. The starting point in the development of the latest risk management tools of the bank should be the creation of a regulatory framework that will regulate this process. It is necessary to improve the existing methodological framework and develop a new methodological framework for credit risk management of the bank, concentrating the advantages of existing assessment methods, create a single method of assessing the borrower's creditworthiness, not to mention a certain algorithm for banks to form credit procedures. It is necessary to adopt the experience of foreign banks in credit risk management. The experience of foreign banks in developed countries, based on a detailed study of all credit procedures, multifactor analysis of the creditworthiness of potential borrowers.

scholarly journals Theoretical Guidelines Regarding Performance Audit in the Military Organization

2021 ◽  
Vol 27 (2) ◽  
pp. 46-51
Author(s):  
Marius Milandru ◽  
Sebastian Floştoiu
Keyword(s):  
Risk Management ◽  
Internal Audit ◽  
Legal Framework ◽  
Public Institutions ◽  
Military Organization ◽  
Efficiency And Effectiveness ◽  
Military Institution ◽  
The Stability ◽  
The Military ◽  
General Effort

Abstract In the contemporary organizational environment, the internal public audit allows the management to develop its action capacity, thus ensuring that its strategy is correctly put in practice and the effects related to economy, efficiency and effectiveness are the expected ones. The implementation of the internal audit in the military organization represents a continuous and modern action that is part of the general effort to streamline the management of public institutions in Romania. The audit solutions must contribute to strengthening the stability of the military institution and to achieving its objectives, both domestically and internationally, in terms of anticipation and proper risk management, optimal use of the allocated resources and compliance with the existing legal framework.

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 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 REGULATION AND SUPERVISION OF FINANCIAL SERVICES IN THE ERA OF GLOBAL DIGITALIZATION: EXPERIENCE OF AZERBAIJAN

2021 ◽  
Vol 5 (40) ◽  
pp. 28-34
Author(s):  
G. Mykhailiuk ◽  
A. Rustamzade ◽  
N. Mykhailiuk ◽  
I. Zaitseva-Kalaur
Keyword(s):  
Information Technology ◽  
Risk Management ◽  
Present Article ◽  
Financial Services ◽  
Digital Literacy ◽  
Financial System ◽  
Legal Framework ◽  
Jel Classification ◽  
Management Tools ◽  
Consumer Access

Abstract. The COVID-19 pandemic necessitated the urgent regulation and renewal of financial and banking services in Azerbaijan in the era of global digitalization. A number of important steps have been taken in the country, which are highlighted in the present article. First and foremost, numerous adopted legal acts, measures taken to increase the volume of non-cash payments and minimize the amount of cash payments have been analysed in the present article. It has been emphasized that strengthening of the role of banks in business financing also stimulates the economic growth as a result of the application of opportunities created by the digitalization of banks, legal entities and population. The importance to carry out reforms in the field of payments, to develop the legal framework, to strengthen institutional capacity has been examined. Next, the use of information technology and the enhancement of digital literacy have been identified as crucial issues. Moreover, digitalization is the main goal of improving risk management in banks and is defined as a strategic approach for the long term. The development of information technology and the acceleration of digital transformation in the international arena have contributed to the formation of modern and different approaches in the financial system, as well as in the operating part of banks. Furthermore, a new prudential system for responding to new challenges has been developed and the existing risk management tools based on international experience have been applied. The widespread use of mobile services over the Internet to facilitate consumer access to these services also plays a significant role in reducing costs and wasted time by creating additional capabilities. Finally, the article shows how the use of modern technological channels has increased the ability to collect and analyse more extensive and necessary information about current and potential customers. Keywords: financial system, prudential, financial authority, information technology, regulator, strategic roadmap. JEL Classification G21, O14, K20 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 19.

scholarly journals Resilience in Times of Pandemic: Is the Public Procurement Legal Framework Fit for Purpose?

2020 ◽  
pp. 60-79
Author(s):  
Laura-Alexandra FARCA ◽  
Dacian C. DRAGOŞ
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Public Institutions ◽  
State Of Emergency ◽  
Health Crisis ◽  
The Rule Of Law ◽  
The Public ◽  
New Type ◽  
Fit For Purpose ◽  
Eu Directives

"This article aims to analyze whether the legislation enacted in the field of public procurement in Romania, based on the 2014 EU Directives, is effective in fostering resilience of the public institutions and indirectly of communities, and to provide a fit-for-purpose mechanism for dealing with the pandemic generated by the new type of coronavirus, Sars-CoV-2. The article discusses the necessity of new rules meant to promote swiftly purchases during the state of emergency. Undoubtedly, the pandemic generated crisis has raised some serious challenges to which public procurement regulations is in principle properly equipped to deal with: urgent need for supplies, works and services, but also unemployment or protection of other disadvantaged categories of people. We argue that resorting to specific tools (negotiated procedures, framework-agreements, centralized procurement, sustainable and social procurement, reserved contracts) when carrying out swift interventions generated by the pandemic would have been more suitable during this health crisis or even for preventing the effects of this pandemic. Instead, the attention of the legislator has been concentrated only on (unnecessarily) exempting the swift purchases of medical equipment from the rule of law. "

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