scholarly journals Using Best Value PiPS Procurement in Europe, Need for Compromise?

2011 ◽  
Vol 3 (1) ◽  
pp. 56 ◽  
Author(s):  
Marianne Van Leeuwen
Keyword(s):  
United States ◽  
The Netherlands ◽  
The United States ◽  
Legal Framework ◽  
Performance Information ◽  
Best Value ◽  
Legal Context ◽  
Private And Public ◽  
Legal Constraints ◽  
Procurement System

Best Value Procurement Performance Information Procurement System (hereinafter: BVP-PIPS) is a methodology developed in the United States and is now being used by private and public contractors in the Netherlands. For public contractors in Europe, application of BVP-PIPS is not straightforward because of the constraints of the European legislation on procurement. This paper describes how BVP-PiPS can be used in a European legal context. First, some basic aspects of European procurement law are explained. Next, the original BVP-PiPS method is described in short. Subsequently the method is tested against the European legal constraints. Implications from European procurement law to all phases from the BVP-PiPS method will be described. The paper ends with conclusions on how BVP-PiPS can be used within the European legal framework.

scholarly journals Best Value Procurement/Performance Information Procurement System Development

2011 ◽  
Vol 3 (1) ◽  
pp. 12 ◽  
Author(s):  
Dean Kashiwagi
Keyword(s):  
The Netherlands ◽  
System Development ◽  
Measurement Theory ◽  
State University ◽  
Arizona State University ◽  
Performance Information ◽  
Information Measurement ◽  
Best Value ◽  
Procurement System ◽  
And Control

Best Value Procurement/Performance Information Procurement System (BVP/PIPS) has been developed by Dean Kashiwagi and the Performance Based Studies Research Group (PBSRG) from 1991 - 2010. BVP/PIPS is a licensed technology from Arizona State University that includes a deductive logic called Information Measurement Theory (IMT), an industry structure model which shapes the PIPS functions, and a process and structure that transfers risk and control to expert vendors. The BVP/PIPS has gone through numerous stages: the performance information centered PIPS (1994-2001); the PIPS testing phase (2001-2005); and the implementation stage (2005-2009); and the theoretical refinement and standardization of BVP/PIPS technology (2010). BVP/PIPS was introduced into the Netherlands in 2005 by a large general contractor Heijmans, the Rijkeswaterstaat, and aggressively proliferated by Scenter and others. BVP/PIPS usage in the Netherlands is modified to fit within the European procurement law. However, the main advantage of PIPS is the IMT based philosophy of minimized management, direction, and control of expert vendors.

Safe Country Provisions in Canada and in the European Union: A Critical Assessment

1997 ◽  
Vol 31 (3) ◽  
pp. 569-590 ◽  
Author(s):  
Nazaré Albuquerque Abell
Keyword(s):  
United States ◽  
European Union ◽  
Geneva Convention ◽  
The United States ◽  
Legal Framework ◽  
Critical Assessment ◽  
Point Of View ◽  
The European Union ◽  
Refugee Status ◽  
Legal Constraints

This article analyzes the international legal framework that surrounds the issue of safe third country (STC) in the European Union and in Canada. The argument put forward is that Canada is not immune to the developments in the European Union and that Canada's immigration policies towards refugees have changed accordingly. My position is that the Canadian model respects the legal constraints which govern the acceptability of mechanisms to apportion responsibility to examine a claim to refugee status, in particular the Canadian Charter of Rights and Freedoms. By testing the international legal viability of both the European and the Canadian system of safe third country against Articles 31 and 33 of the Geneva Convention and Executive Committee Conclusion No. 58 and Conclusion No. 15, and by addressing the draft Memorandum of Understanding between Canada and the United States and comparing it with some of the readmission agreements between the European Union and some third states, the article concludes that the Canadian STC model is preferable to that in Europe from both a legal and a humane point of view.

scholarly journals The Best Value Approach in the Netherlands: A Reflection on Past, Present and Future

2012 ◽  
Vol 4 (2) ◽  
pp. 147 ◽  
Author(s):  
Jeroen Van de Rijt ◽  
Sicco Santema
Keyword(s):  
The Netherlands ◽  
Construction Projects ◽  
State University ◽  
Performance Information ◽  
Adoption Theory ◽  
Future Developments ◽  
Best Value ◽  
History Of ◽  
Procurement System ◽  
And Control

More than 15 years ago Dean Kashiwagi created a process called BVP/PIPS (Best Value Procurement/Performance Information Procurement System) at Arizona State University. PIPS is a procurement method that aims to select the most suitable vendor for the job, to spur this vendor on to highest performance, and to reduce the client’s management and control tasks (Kashiwagi, 2009b). Kashiwagi developed the method for several years with the objective of improving the procurement and management of construction projects by reducing risk in selecting the top performer. The method (herein BV approach) has a number of steps, each built around a specific "filter”, which focuses on a different element to separate high and low performers. The early phase of the adoption of the process in the Netherlands has been described by Van de Rijt and Witteveen (2011) in the special issue of the Journal for the Advancement of Performance Information and Value. In this paper an update is given and future developments are described. The paper covers the BV approach, a brief history of PIPS in the Netherlands, technology adoption theory, adoption and adaptation of the technology and future developments.

scholarly journals Legal Perspective: Is Best Value Procurement achievable within the framework of the ARW 2005?

2011 ◽  
Vol 3 (1) ◽  
pp. 72 ◽  
Author(s):  
Ramona Apostol
Keyword(s):  
The Netherlands ◽  
Public Works ◽  
Test Case ◽  
Performance Information ◽  
The Public ◽  
Best Value ◽  
Legal Implications ◽  
Legal Perspective ◽  
Pros And Cons ◽  
Procurement System

This paper discusses the legal implications of using the elements of the Performance Information Procurement System (PIPS) procedure in the Netherlands. The article proposes the pros and cons of the potential compliance of these elements, in the form adopted in a test case with the municipality of ‘s-Hertogenbosch who attempted to meet the requirements of Aanbestedingsreglement Werken1 (hereafter: ARW) 2005. The author proposes that the national restricted procurement with pre-selection prescribed by the ARW 2005 may raise potential issues of interpretation and may therefore be too strict for the efficient application of the elements of the American methodology. Based on the legal discussion of the test case, the author is proposing to choose a more flexible policy for the public works contracts, which can benefit from the application of the American methodology.

scholarly journals Introduction to the Symposium Edition of the Texas A&M Journal of Property Law and The United States Defense Industry

2018 ◽  
Vol 5 (1) ◽  
pp. 1-4
Author(s):  
Lisa A. Rich
Keyword(s):  
United States ◽  
National Security ◽  
The United States ◽  
Defense Industry ◽  
Legal Framework ◽  
Property Law ◽  
Acquisition Process ◽  
Joint Force ◽  
Private And Public ◽  
The Military

On February 23, 2018, the Texas A&M Journal of Property Law held an innovative and informative symposium on the United States Defense Industry focused on the acquisition process from conception to deployment and the scientific, budgetary, political, and legal framework through which the United States joint force is forged. The symposium brought together stakeholders from academia, private and public sectors, and the military to explain, analyze, and assess the labyrinthine weapons acquisition system and its role-and impact-on national security.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

scholarly journals Mercy towards decarceration: Examining the legal constraints on early release from prison

Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Family Members ◽  
The United States ◽  
Early Release ◽  
The Us ◽  
Legal Constraints ◽  
Release From Prison

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.

Sign in / Sign up

Export Citation Format

Share Document