scholarly journals ANALYSIS OF THE MANAGEMENT LEGISLATIVE MECHANISM OF THE PUBLIC PROCUREMENT PROCESS IN THE FRAMEWORK OF THE EU LEGISLATION IMPLEMENTATION IN THE FIELD OF PUBLIC PROCUREMENT TO UKRAINIAN LEGISLATION

2019 ◽  
pp. 94 ◽  
Author(s):  
L. Fedorovskiy
Keyword(s):  
Public Procurement ◽  
Procurement Process ◽  
The Public ◽  
Eu Legislation ◽  
The Eu

scholarly journals Uwarunkowania prawne i techniczne procesu elektronizacji w komunikacji stron w zamówieniach publicznych

2019 ◽  
Vol 28 (3) ◽  
pp. 9
Author(s):  
Marian Cichosz
Keyword(s):  
Public Procurement ◽  
It Infrastructure ◽  
Technical Problems ◽  
Electronic Signature ◽  
Procurement Process ◽  
The Public ◽  
A Value ◽  
Legal Situation ◽  
Paper Form ◽  
The Eu

<p>Starting from 18 October 2018, public procurement procedures with a value equal to and exceeding the amounts specified in the secondary legislation issued pursuant to Article 11 (8) of the Public Procurement Law (i.e. above the so-called EU thresholds) are covered by the obligation of full electronic communication between the contracting authority and economic operators. Currently, a tender (or an application to participate in the procedure) in a procedure above the EU thresholds, to be valid, must be submitted only in electronic form (and not in paper form) and signed with a qualified electronic signature. The new legal situation resulted in the need to employ, both by economic operators and contracting authorities, new IT tools allowing them to achieve compliance in this regard. Meanwhile, many economic operators, especially medium and small ones, have not had sufficient IT infrastructure (especially software) as well as sufficient knowledge of the ways and methods of electronic preparation and implementation of public procurement processes. A provisional way to implement new solutions is to provide the miniPortal for e-Procurement, which allows for the safe submission of a tender or application for participation in proceedings and statements, including a European Single Procurement Document compliant with the requirements laid down in both the EU law and national law. However, this tool poses many technical problems, causing a number of disruptions in the public procurement process. The publication contains information stemming from the author’s and other practitioners’ direct observation of the communication between parties in the public procurement process.</p>

PRIORITY MEASURES OF LEGAL REGULATION OF THE SYSTEM OF S TATE AND MUNICIPAL PROCUREMENTS

2020 ◽  
Vol 13 (1) ◽  
pp. 86-94
Author(s):  
I.Yu. Fedorova ◽  
Keyword(s):  
Public Finance ◽  
Management System ◽  
Public Procurement ◽  
Legal Regulation ◽  
Main Attention ◽  
Procurement Process ◽  
The Public ◽  
Finance Management ◽  
Legislative Framework ◽  
Last Stage

The paper considers innovations in the field of legal regulation of public procurement at the last stage of the reform carried out in the public finance management system. The main attention is paid to filling the gaps in the legislative framework of the contract system in the field of procurement through the introduction of more effective instruments in 2018–2019, measures are considered that can increase the efficiency of the procurement process, and the conclusion is drawn about the effect of procurement on the development of individual sectors of the economy.

Legislation for Public Procurements and Disposal of Public Assets

2021 ◽  
pp. 149-171
Author(s):  
Simeon Wanyama
Keyword(s):  
Good Governance ◽  
Public Procurement ◽  
Qualitative Approach ◽  
Value For Money ◽  
Procurement Process ◽  
The Public ◽  
Governance Systems ◽  
Regulations And Guidelines

This chapter is about corrupt practices in the public procurement cycle. Taking the example of Uganda, it identifies what takes place at each of the stages of public procurement and examines the perspectives of stakeholders regarding alleged corruption, misappropriation, and fraudulent practices during the public procurement process. It also reviews the governance systems that have been put in place to try and stem out these malpractices and ensure proper governance in the administration of public procurement. The research followed a qualitative approach aimed at getting the views of stakeholders and understanding whether what is in place is adhering to the principles of public procurement which foster good governance and value for money. The findings of the study indicate that the perception of the majority of the respondents is that corruption is pervasive in public procurement in Uganda despite good laws, regulations, and guidelines that have been put in place and that it manifests itself at all the stages of public procurement.

Public Procurement and Transparency in the Private Sector

2021 ◽  
pp. 176-194
Author(s):  
Tom Brown
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
General Public ◽  
Public Procurement ◽  
Public Authorities ◽  
Procurement Process ◽  
The Public ◽  
The United Kingdom ◽  
Pay Differences ◽  
United Kingdom Government

This chapter begins by considering public procurement in the context of equality duties. The United Kingdom government has not used the Equality Act 2010’s regulation-making powers to impose specific statutory public procurement equality duties in England, but the Welsh and Scottish Ministers have made such regulations. Equality considerations are nonetheless relevant considerations in a public authority’s public procurement decisions as part of the general public sector equality duty in section 149 of the Act. The extent to which equality can (and should) be taken into account in the public procurement process is also, therefore, relevant to private undertakings which might wish to tender for the provision of goods or services to public authorities. The chapter then addresses the provisions in the Act intended to improve transparency in the private sector by prohibiting clauses which prevent employees discussing their pay. The Act introduced, in section 78, a power to make regulations which would impose a requirement on businesses to report on gender pay differences.

Risk managing contractual routes to effective innovation procurement

2019 ◽  
Vol 35 (10) ◽  
pp. 18-20
Keyword(s):  
Risk Management ◽  
Design Methodology ◽  
Reading Time ◽  
Public Procurement ◽  
Public Organization ◽  
Content Type ◽  
The Public ◽  
Pertinent Information ◽  
Practical Implications ◽  
The Eu

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings This research paper concentrates on the public procurement of innovations (PPI) within the EU as a mechanism for stimulating private sector R&D efforts that solve public organization-identified problems. The authors encourage less risk aversion and greater risk management to encourage the increased use of cost-plus contracts to spread some risk between the procurer and supplier, which should in turn attract more innovative companies to participate in PPI exercises. Originality/value The briefing saves busy executives, strategists and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

The Purpose of the EU Procurement Directives: Ends, Means and the Implications for National Regulatory Space for Commercial and Horizontal Procurement Policies

2012 ◽  
Vol 14 ◽  
pp. 1-47 ◽  
Author(s):  
Sue Arrowsmith
Keyword(s):  
Public Procurement ◽  
National Policy ◽  
Legal Framework ◽  
The Public ◽  
Public Market ◽  
Barriers To Access ◽  
Environmental Objectives ◽  
Clear Vision ◽  
The Eu ◽  
Do So

AbstractThere currently appears to be considerable confusion amongst regulators and stakeholders over the purpose of the EU’s directives on public procurement and lack of a clear vision of what the directives seek to achieve. Against this background this article has two objectives. First, it seeks to provide a framework for understanding the directives’ functions and their relationship with national policy. In this respect it identifies the ends and means that the directives do, or could, adopt and/or which have been ascribed to them, and considers the implications of each for national regulatory space. Secondly, for each of the ends and means it suggests a specific legal interpretation of its actual and potential role in the EU’s legal framework.It is argued that the directives seek to promote the internal market and that they seek to do so solely by three means—prohibiting discrimination, implementing transparency, and removing barriers to access. It rejects, on the other hand, certain broader conceptions of the directives, including that they promote a single market by standardising procedures; that they replicate in the public market the competitive process of the private market; and that they seek value for taxpayers’ money. It is argued that rejection of these broader functions has important implications for the scope of national regulatory space, both as regards the ‘commercial’ aspects of public procurement—notably ensuring value for money and an efficient procurement process—and as regards ‘horizontal’ policies in the sense of policies that promote social and environmental objectives through public procurement.

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.

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