scholarly journals MEASURING PERFORMANCE QUALITY OF APPLICATION OF PARTICULAR LEGAL SOLUTIONS IN CERTAIN STEPS IN THE PUBLIC PROCUREMENT CYCLE IN MONTENEGRO

2019 ◽  
Vol 29 (1) ◽  
pp. 51-59
Author(s):  
Mersad Mujević
Keyword(s):  
Energy Transport ◽  
Public Procurement ◽  
Point Of View ◽  
Research Activity ◽  
The Public ◽  
Performance Quality ◽  
State Commission ◽  
Business Entities ◽  
Procurement System ◽  
Procurement Contracts

With an aim to achieve a more comprehensive monitoring of public procurement system implementation and an immediate application of the Public Procurement Law and secondary legislation for 2017/2018, I conducted a specific research activity on a sample of 54 respondents or about 9.57% of the total number of parties covered by application of this Law. It is a special-purpose sample, which is composed of individuals having the most experience and knowledge in public procurement affairs, public procurement officers employed in state administration bodies, local selfgovernment units, and business entities operating in the fields of water management, energy, transport and postal services.The aim of the research is to assess the situation regarding application of the Law from the respondents’ point of view, for the period of 12 x 2 months of the years 2017 and 2018.The research was done in a way that I have compiled a questionnaire and submitted it directly to selected representatives of the contracting authorities. The questionnaire contained questions related to the following: the method of organization of public procurement tasks within the contracting authority; the process of public procurement planning; the existence or non-existence of violation of anti-corruption rules and the rules for preventing conflict of interest within the contracting authority; the difficulties related to application of specific public procurement procedures and framework agreements; establishment of optional conditions for assessment of bidders’ capability; the method of conducting low value procurements and urgent procurements; the method of monitoring implementation of public procurement contracts; the training for public procurement tasks; the method of monitoring and observing the decisions of the State Commission for Control of Public Procurement Procedures; the inspection control.After having completed the questionnaire, the contracting authorities submitted their answers electronically, which I processed and analysed.

scholarly journals ”Non-freedom” of a contract and unfair contractual terms in the practice of state and municipal procurement

2019 ◽  
pp. 85-94
Author(s):  
F. A. Tasalov
Keyword(s):  
Public Procurement ◽  
Point Of View ◽  
Federal Law ◽  
The Public ◽  
Freedom Of Contract ◽  
The Supreme Court ◽  
Starting Conditions ◽  
The Right ◽  
Procurement Contracts ◽  
Practical Recommendations

The majority of contemporary studies devoted to the freedom of contract is devoted to the peculiarities of implementation of this principle in commercial relations. The article analyzes the other side of the freedom of contract — its application in state and municipal procurement. The author analyzes conclusions drawn in Resolution of the Plenum of the Supreme Court of the Russian Federation of March 14, 2014 No. 16 “On freedom of contract and its limits” on the basis of court disputes between public procurement authorities and suppliers within the framework of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the procurement of goods, works and services for state and municipal needs.” The paper determines the key features of the principle of freedom of contract at the stage of determining the supplier and at the stage of performance of obligations under procurement contracts. Special attention is paid to the assessment of negotiation opportunities, public procurement authorities and participants of procurement, the problem of abuse of the right by a stronger party depending on the starting conditions of the purchase and the ways of its implementation by the public procurement authority. The analysis of arguments of courts concerning interpretation of terms of procurement contracts from the point of view of freedom of contract and its limits is presented. To sum up, the author provides for practical recommendations and conclusions.

scholarly journals The impact of public procurement system on the development of competition in the economy in the light of empirical research

2017 ◽  
Vol 8 (1) ◽  
pp. 37 ◽  
Author(s):  
Arkadiusz Borowiec
Keyword(s):  
Public Procurement ◽  
Value Added ◽  
Point Of View ◽  
Access To Information ◽  
Economic Point ◽  
The Public ◽  
Fair Competition ◽  
Purposeful Sampling ◽  
Procurement System ◽  
The Impact

Research background: The purpose of the public procurement system in the market economy should be to ensure that the public sector entities conduct purchases which are optimal from the economic point of view, as well as to prevent favoring or discrimination of entities participating in public tenders. The Public Procurement Act mentions fair competition as one of the fundamental principles. Both contractors and contracting entities are subject to this principle. In practice, however, it is very often violated in connection with a number of phenomena resulting from imperfections of the aforementioned system. Purpose of the article: The purpose of this article is to identify the most important solutions to support the development of competition in the economy through the public procurement system, as well as to examine the obstacles and risks carried by the system itself. Another purpose is to present further action proposals based on research — actions affecting the development of competition and at the same time improving the efficiency of tenders. Methods: The article is based on the analysis of literature and on a questionnaire. The survey was conducted electronically (CAWI). The questionnaire was sent to 300 entities required to apply the provisions of the Public Procurement Law throughout the country. Another method involved a direct route (PAPI) and 155 entities participating in public tenders as contractors. Purposeful sampling was implemented to ensure reliable and expert replies. The study was carried out in the first half of 2016. Findings and Value added: The results indicate the most important solutions supporting the development of competition. They include the following: facilitating access to information about orders, improving the efficiency of state authorities in detecting collusive tendering, reducing the possibility of using the potential of third parties, and increasing the availability of data on tender results. The solutions presented in this article are evolutionary rather than revolutionary, and point primarily to the ability to streamline existing procedures and regulations and not to replace them with new ones. They should also help to improve the functioning of public procurement system in Poland, which is of great importance for the development of competition in domestic economy.

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.

scholarly journals FOREIGN EXPERIENCE IN REGULATING THE PUBLIC PROCUREMENT SYSTEM

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Yernur Mukhtar ◽  
Yuri Toluev
Keyword(s):  
System Analysis ◽  
Public Procurement ◽  
Economic Assessment ◽  
Developed Countries ◽  
Scientific Article ◽  
Regional Institutions ◽  
The Public ◽  
Foreign Experience ◽  
The Government ◽  
Procurement System

The relevance of this research topic lies in the fact that public procurement requires in-depth consideration and comprehensive analysis, including the scientific and methodological level of analysis. The use of special legal documents in public procurement and the specific procedure for the execution of these documents is not a factor in the full understanding of this direction, including the economic assessment of the entire process. An economic and statistical approach using system analysis is required, which was used by the authors of the scientific article as the proposed research methodology. One of the main parts of the progressive process of commodity exchange in the economies of the analyzed countries is the mechanism for building public procurement. Currently, the problem of material and technical support of public needs in developed countries is solved as a result of logistics processes in the system of public procurement through the acquisition and supply of goods, works, and services, tangible and intangible resources. The article submits a review of foreign experience in building a public procurement system with special features characteristic of this region of the world, presented as an object of research. Country aspects in the object under study and allowed the authors to formulate the relevant main results and conclusions concerning various parties in the public procurement system, which determined the further strategy to improve the procurement system of the government and international integration union. Key words: public procurement (PP), regulation of the public procurement system, government orders, entrepreneurship, international regional institutions, regulation of the public procurement system, procurement, USA, European Union (EU), Poland, Germany, World Bank.

scholarly journals Upgrade the Saudi Arabian Procurement System Delivery Method

2015 ◽  
Vol 7 (1) ◽  
pp. 146
Author(s):  
Ahmed Alofi ◽  
Yasir Alhammadi ◽  
Dean Kashiwagi ◽  
Kenneth Sullivan
Keyword(s):  
Saudi Arabia ◽  
Construction Projects ◽  
Public Procurement ◽  
Saudi Arabian ◽  
The Public ◽  
Public Projects ◽  
Potential Risks ◽  
Low Performance ◽  
And Performance ◽  
Procurement System

Saudi Arabia has had many issues in delivering mega construction projects, such as delays, high costs, and low customer satisfaction. Some studies show that around 70% of public projects in Saudi Arabia are delayed. One factor that might be causing these performance issues is the traditional low bid contracting system in Saudi Arabia, or the Saudi procurement system. In Saudi Arabia, owners select contractors based only upon the lowest price. This paper researched ways to modify the current Saudi procurement system and show quick and simple modifications that can be done to improve the low performance. This research proposes that by adding the clarification phase from the Performance Information Procurement System (PIPS) to the Saudi traditional procurement process could greatly improve construction performance. The clarification phase requires the selected contractor to submit a project scope, detailed and milestone schedule, potential risks that they do not control, and performance measurement before a contract is awarded. The PIPS system is one of the most successful systems around the world, which shows success rate of 98% in six different countries with risk and cost reduction up to 30%. The clarification phase has been identified as the most important step in the PIPS to ensuring a successful project. This paper conducted a survey among construction professionals in Saudi Arabia, including 157 engineers, 33 consultants 9 owners, 5 vendors, 13 academics, and 28 architects, in order to develop the public procurement system in Saudi Arabia. The participants work in government sectors with an interest in the Saudi Arabian procurement system. The survey confirmed that professionals in the Saudi construction industry believe that the procurement system should be changed and that the inclusion of the clarification phase to the procurement system is a way to improve the procurement system.

scholarly journals ARBITRATION OF THE DISPUTES IN CONNECTION WITH PUBLIC PROCUREMENT CONTRACTS IN BOSNIA AND HERZEGOVINA

2021 ◽  
pp. 65-72
Author(s):  
Z. Grbo
Keyword(s):  
Bosnia And Herzegovina ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legal Nature ◽  
Arbitration Procedure ◽  
Procurement Contracts

In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.

Green Public Procurement

2019 ◽  
pp. 136-160
Author(s):  
Carmen Lenuta Trica ◽  
Luminita Ghita
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
The Public ◽  
Green Procurement ◽  
Product Categories ◽  
Legal Provisions ◽  
Green Public Procurement ◽  
Environmental Requirements ◽  
Procurement Contracts

At present, legal provisions and environmental policy regulate the possibilities of using environmental considerations in the development of award criteria, as well as in the performance clauses of procurement contracts. The first part of the chapter analyzes the concept of green procurement and product categories for which green procurement can be used. The second part of the chapter presents the benefits of using green procurement. The third part of the chapter will include assessing the progress and impact of using green procurement. The fourth part of the chapter analyzes the legal framework for public procurement in Romania, as well as the capacity of the market to offer and develop products and services that include minimum environmental requirements and criteria. In the fifth part of the chapter, the authors analyze the possibility of implementing a mechanism for the operation and implementation of the legal provisions in Romania in order to improve the quality of the services and optimize the costs of the public procurement.

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