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 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.

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 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 Use of Best Value Process for Inspection and Preventive Maintenance of Pumping Stations

2012 ◽  
Vol 4 (2) ◽  
pp. 195
Author(s):  
Jannie Koster-Robaard
Keyword(s):  
Preventive Maintenance ◽  
Professional Services ◽  
Lessons Learned ◽  
Performance Information ◽  
New Paradigm ◽  
Water Board ◽  
Best Value ◽  
Pumping Stations ◽  
Procurement System ◽  
And Control

The water board Velt en Vecht is a Best Value (BV) client who used the Performance Information Procurement System (PIPS) process to select professional services in 2012. The client had a procurement mission of integrity, transparency, objectivity, and non-discrimination that aligned them with the BV PIPS system. With a strategic plan of leadership instead of management and control, the water board is an example of a visionary owner that can be successful with BV PIPS. Lessons learned from the water board implementation of PIPS are that BV PIPS is a change of paradigm, even for a visionary owner. Both the owner who selects and the contractors who compete for the award must learn the new paradigm of minimized decision making, proactive planning, and risk management.

scholarly journals Introduction of the Best Value Approach in India

2013 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Syed Nihas ◽  
Jacob Kashiwagi ◽  
Dean Kashiwagi
Keyword(s):  
Construction Industry ◽  
Research Group ◽  
Measurement Theory ◽  
Industry Structure ◽  
Performance Information ◽  
Information Measurement ◽  
Best Value ◽  
Procurement System

In September of 2013 the Performance Based Studies Research Group (PBSRG) made its first entry into India to introduce the Best Value approach. The purpose of the entry was to identify if the Best Value (BV) approach and technology could optimize the performance of the Indian Construction industry. This paper documents the results of the exploratory effort. In 2014, industry visionaries in coordination with the SJCE university group, will commence testing of the implementation of the licensed Best Value technology in India. The technology includes the Information Measurement Theory (IMT), the Performance Information Procurement System (PIPS) and the Construction Industry Structure (CIS).

scholarly journals Euthanasia in the Netherlands: A legal perspective and the public debate

Bioethica ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 41
Author(s):  
Malgorzata Wistuba
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Legal Aspects ◽  
Public Debate ◽  
The Public ◽  
Legal Question ◽  
Legal Perspective ◽  
Controversial Topic ◽  
The Creation

Euthanasia and assisted suicide is made legal only in four countries in Europe, the countries being: The Netherlands, Belgium, Luxembourg and Switzerland. Euthanasia and assisted suicide is not only a legal question, how would the legislation look like technically speaking, but it is also a controversial topic which many countries are not ready to discuss. In addition to the legal aspects, other aspects are also associated with this issue. The question that always arises is whether the community feels the necessity for this kind of legislation. The aim of this article is to familiarise the reader with the euthanasia legislation in The Netherlands and the public debate surrounding it. The article will give an overview and explanation of the current legislation.Firstly, the creation of the current legislation will be discussed, followed by an explanation of the current legislation on the basis of two cases that will be discussed in greater detail. In addition, attention will also be paid to other ending of life possibilities and concluded with the public debate on the legislation.

scholarly journals Best Value Procurement Results within the GSA

2014 ◽  
Vol 6 (1) ◽  
pp. 72
Author(s):  
John Savicky ◽  
Dean Kashiwagi ◽  
Kristen Barlish ◽  
Kenneth Sullivan
Keyword(s):  
Construction Projects ◽  
Performance Metrics ◽  
Government Agency ◽  
Performance Information ◽  
Best Value ◽  
Overall Performance ◽  
Concurrent Testing ◽  
Procurement System ◽  
The Impact

A large government agency, seeking to become more efficient, implemented the Performance Information Procurement System (PIPS) Best Value (BV) process on various construction projects to determine if the program could increase the performance of outsourced services. The impact of this model for increasing the performance of procured projects is presented. The environment of the projects and testing of the process were unique, as they allowed concurrent testing and validation of multiple projects, similar in scope, and uniform application of key performance metrics. A case study is also used to illustrate the overall performance of the BV process. The findings in this paper show that the process resulted in approximately a 60% increase in performance with regards to customer satisfaction, project delays, and cost increases. In an industry with delays in excess of 20-50%, a model that results in an increase of performance for outsourced services is significant.

scholarly journals Progres of the Public Procurement System in Albania and in the European Union

2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Public Works ◽  
The European Union ◽  
The Public ◽  
Public Contracts ◽  
Procurement Procedure ◽  
Proper Estimation ◽  
Procurement System

A proper estimation of the value of the public contracts is of major importance of the contracting authority. First, value of contracts govers the regime of rules under which the proceedings will be conducted. Second the decision of the contracting authority concerning the application of specific procurement procedure depends whether the value of contract is below or above specific threshold. For multi year contracts or contracts with renewal option, the contracting Authority must provide clauses for the revision of prices in accordance with published official inflation. In case of goods the contracts through renting or leasing of these, the estimated value of the public contract shall be based on the monthly rent or fee multiplied by the number of months the contract will last. The contracting Authority is responsible for comparing the above mentioned elements with a cost analyses of the goods, services or works. European Union rules provided in Article 9 of the directive 2004/18/EC of the European Parliament and of the council of 31 March 2004 on the coordination of procedures for the award of public works, supply and services and in contain also more detailed rules concerning methods of estimation of contract value which should be applied in specific case. The priciple of the transparency of public procurement requires that all potential contractors have the same chances to compete for contracts being offeres by public administration. (; public contracts, procurement, goods, proceedings contracting Authority, etc. )

scholarly journals Possible Barriers to a Successful Further Diffusion of the Best Value Approach in the Netherlands: Observations of Major Misunderstandings on the Concept and Theory

2013 ◽  
Vol 5 (2) ◽  
pp. 79 ◽  
Author(s):  
Wiebe Witteveen ◽  
Jeroen Van de Rijt
Keyword(s):  
The Netherlands ◽  
Fast Track ◽  
Project Managers ◽  
Public Works ◽  
The Past ◽  
Best Value ◽  
The Social ◽  
The Everyday ◽  
The Right ◽  
Risk Managers

In recent years Best Value (BV) has gained popularity in the Netherlands. Many clients have adopted BV after the successful application in the ‘Spoedaanpak Wegen’ projects (Fast Track Projects) by Rijkswaterstaat (Department of Public Works). The social system of users of BV is evolving. In the past years primarily the procurement community was interested in BV (where it all started), but recently risk managers and project managers are becoming increasingly aware of the philosophy. Van de Rijt & Santema (2012) observed that (potential) users of BV all have a different level of awareness of the BV methodology and that experts in BV cannot force others into the “right” or “pure” methodology. However, BV experts can reflect upon major misunderstandings in order to improve the understanding and implementation of the philosophy. In this paper, the authors elaborate on this matter. They observe ten common misperceptions in the everyday application of the Best Value approach, which may hinder a successful further diffusion of the Best Value approach in the Netherlands.

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