Development of Public Procurement Laws and Procurement Methods in the US and Directions for Audit Reform of GAO

Policies promoting indigenous innovation were launched in 2006. The aim was to use public procurement, support for megaprojects in science and technology, and the development of technical standards for key industries to encourage Chinese firms to develop their own intellectual property. These policies have been criticised by international trading partners, and remain a major issue in the US–China trade war. Nevertheless, China will no doubt continue to support indigenous innovation.

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WORLD PRACTICE OF USE E-SYSTEMS FOR ORGANIZATION OF TENDERS

International scientific journal Internauka Series Economical Sciences ◽

10.25313/2520-2294-2021-7-7412 ◽

2018 ◽

Author(s):

Andrii Nykonenko ◽

◽

Larysa Kapinus ◽

Keyword(s):

European Union ◽

Public Procurement ◽

The United States ◽

Western World ◽

The European Union ◽

Electronic Resource ◽

Levels Of Use ◽

The Us ◽

Financial Transactions ◽

Federal Procurement

The development of the information society in Western world contributes to the introduction of e-systems in the field of public procurement. As a result, the level of corruption in this area decreases and the efficiency of tenders increases. The objectives of the article are to study the best practices of using e-systems in tender procedures in Western countries and to search for ways to improve the domestic system of electronic public procurement. The stages of the e-tender procedure in the field of public procurement are presented. A message about the planned tender is distributed on a special electronic resource. It also contains detailed information about the terms of these trades. On a special electronic resource, there should be tools for posting proposals of bidders and their subsequent automatic evaluation. The mentioned resource should provide opportunities for the execution of the contract and individual financial transactions in the field of public procurement. The types of e-tenders in the European Union are considered. The level of development of the organization of e-tenders in separate countries of the European Union is analyzed. The countries with high and low levels of use of e-systems in the field of public procurement are highlighted. The organization of electronic tenders in Lithuania and Norway was considered. The practice of using e-systems in the field of public procurement in the United States has been studied in detail. In particular, the procedure for collecting, storing and disseminating data on public procurement was considered. The US Federal Procurement Data System stores and provides information on public procurement for the past forty years. This allows for effective state and public control in this area. The organization of electronic trading in Ukraine is analyzed. Its weaknesses and recent measures to overcome them are considered. The main directions for improving the organization of electronic public procurement in Ukraine have been determined. This is the introduction of a central information system for public procurement, innovative partnerships and electronic ordering.

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Public procurement and the BLS: operationalizing occupational duties

International Journal of Public Sector Management ◽

10.1108/ijpsm-12-2014-0150 ◽

2015 ◽

Vol 28 (7) ◽

pp. 510-527 ◽

Cited By ~ 4

Author(s):

Joshua M. Steinfeld ◽

Eric Prier ◽

Clifford McCue

Keyword(s):

Public Sector ◽

Public Procurement ◽

Theory And Practice ◽

Content Type ◽

The Public ◽

The Us ◽

Private And Public ◽

High Degree ◽

Bureau Of Labor Statistics ◽

Job Activities

Purpose – Procurement is a specific, yet dynamic area of work and study that is recognized as an occupation by the US Bureau of Labor Statistics (BLS). However, there is growing literature that substantiates differences in theory and practice, between procurement practitioners in the private and public sectors. The purpose of this paper is to validate the procurement occupational duties identified by the BLS with actual job activities performed and managed by public sector practitioners. Design/methodology/approach – The paper is based on a survey of public sector practitioners to obtain information with regards to occupational duties and job activities in public procurement, as compared to a BLS proxy for procurement. Findings – Public procurement practitioners complete the occupational duties identified by BLS, yet there is one occupational duty in public procurement that is absent from the BLS description for procurement. Practical implications – Empirical data and analysis identifies the potential for public procurement to be considered its own occupation separate from private sector procurement, providing a foundation for development, management, and professionalization of the field. Originality/value – The public procurement practitioners who completed the survey have a high degree of professional orientation based on certifications held and professional association membership, a foundation for generating applicatory results for studying the actual occupational duties in procurement. The specialized job activities performed and managed in perhaps the fastest growing occupation within public sector management are catalogued in this study.

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MERCOSUR AND REGIONAL INTEGRATION IN SOUTH AMERICA

International and Comparative Law Quarterly ◽

10.1093/iclq/lei007 ◽

2005 ◽

Vol 54 (2) ◽

pp. 387-410 ◽

Cited By ~ 8

Author(s):

John AE Vervaele

Keyword(s):

Latin America ◽

Free Trade ◽

Regional Integration ◽

Public Procurement ◽

Trade Agreement ◽

Cooperation Agreement ◽

Individual Country ◽

The Us ◽

The World ◽

The Eu

In the period between 1980 and 1995, both Europe and the US made huge investments in Latin America. The process of democratization in Latin America, especially in the countries marked by a tradition of military dictatorship, has reinforced the belief in political and economic stability. The economy has displayed considerable growth and, partly stimulated by the IMF and the World Bank, several countries are embarking on privatization on a grand scale.2 Political and economic cooperation between the countries is taking the place of political and military rivalry. The time is ripe for a new attempt at integration on this continent. The overtures between Argentina and Brazil led to the establishment of Mercosur. Its economic (Mercosur is the fourth largest trade bloc in the world after the US, the EU, and Japan) and political importance have been recognized, especially by the EU. As early as 1996,3 an Interinstitutional Cooperation Agreement was concluded, an interregional framework agreement for cooperation between the EU Member States and Mercosur States parties.4 Since then, the EU-Mercosur Bi-regional Negotiations Committee (BNC)5 has already had ten meetings at which topics such as the free movement of goods, public procurement, investments, services, e-commerce, and conflict resolution were discussed. The US has never appreciated the attempts at integration in Latin America and has always striven to conclude separate free trade agreements with each individual country. The recent free trade agreement with Chile is a clear example.6

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Public procurement in the healthcare sectors of Russia and EEUU

Revista de la Universidad del Zulia ◽

10.46925//rdluz.34.10 ◽

2021 ◽

Vol 12 (34) ◽

pp. 150-166

Author(s):

Marina V. Shmeleva

Keyword(s):

Best Practices ◽

Medical Equipment ◽

Public Procurement ◽

Healthcare Sector ◽

Legal Analysis ◽

Healthcare Facilities ◽

Medical Products ◽

The Us ◽

Regional Authorities ◽

Practical Recommendations

The aim of the study is to analyze public procurement issues in the field of healthcare. Dialectical, logical, and comparative methods have been used. The author has studied the best practices of such procurement and conducted a comparative legal analysis of Russian and the US public procurement systems. The following results have been achieved: it has been found that public procurement in the healthcare sector is considered more complex than that in other sectors of the economy since there are more barriers and travails. This is because through healthcare public procurement the state purchases medical equipment and medications for state and municipal healthcare facilities. The author concludes that one of the main problems in the regulation of healthcare public procurement is that budget holders’ supply agreements for medical equipment, medications, and medical products are often competition-free. Covering the efficiency of public procurement in Russia, the author highlights the main violations typical of the system at all levels (from regional authorities to municipal institutions). There are also some practical recommendations to improve Russian public procurement legislation.

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Priroda vanjskotrgovinskih odnosa SAD-a i EU-a s osvrtom na TTIP

Oeconomica Jadertina ◽

10.15291/oec.2730 ◽

2018 ◽

Vol 8 (1) ◽

pp. 30-41

Author(s):

Rajko Strenja ◽

Marko Lukavac

Keyword(s):

Security Policy ◽

Public Procurement ◽

High Standard ◽

The United States ◽

Regulatory Compliance ◽

Sustainable Growth ◽

Labor Rights ◽

Security Level ◽

The Us ◽

The Eu

The US and European Union interdependence at the economic, political and security level historically represented the source of co-operation, but also tensions between two globally important economies. The strong economic, political and security ties between the United States and the EU enabled these economies to gain global supremacy, because of the links between the most powerful according to the criteria of economics and education. With the objective of keeping global supremacy, the US and the EU have strived to agree on contemporary high-standard bilateral trade agreement, socalled TTIP. The aim of the Transatlantic Trade and Investment Partnership Agreement is to reach an agreement on further liberalization and increase of market approach through elimination of obstacles in trade of goods, services, agricultural products and investments, as well as in procedures related to public procurement. The important objectives of the agreement are also the increase of regulatory compliance and cooperation in the area of foreign trade and security policy, investment and development of new rules associated with direct foreign investments, rights arising from intellectual property, labor rights and environmental standards. This article will highlight the most important disagreements between the US and the EU associated with so-called "TTIP" with primary purpose of defining potential risks for sustainable growth of the EU economy in the future.

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ENDOGENIZATION OF INDUSTRIAL DEVELOPMENT THROUGH TECHNOLOGY-ORIENTED STARTUPS: THE EXPERIENCE OF THE UNITED STATES, LESSONS FOR UKRAINE

Economy of Ukraine ◽

10.15407/economyukr.2020.11.060 ◽

2020 ◽

Vol 2020 (11) ◽

pp. 60-86

Author(s):

Olena SALIKHOVA ◽

◽

Olena KURCHENKO ◽

Keyword(s):

United States ◽

Industrial Development ◽

Public Procurement ◽

Central Element ◽

Value Added ◽

The United States ◽

Absorption Capacity ◽

Highly Qualified ◽

The Us ◽

The Creation

Since the 1950s, the US leadership has pursued a purposeful policy of encouraging the creation of startups by inventors. This process took the form of technology transfer from science to the real sector of the economy, contributed to the market introduction of technologically sophisticatedinnovative products, moving up the value-added ladder, creating new jobs, accelerating the endogenization of economic development. The evolution of mechanisms of state influence on the development of startups in the United States is shown. It is substantiated that at the initial stage the policy measures were aimed at promoting the development of the industry and reducing dependence on technology imports; the creation of startups accelerated the development of scientific achievements in the production, resulting from the increase in the 1940s of funding for R&D defense universities; contributed to the employment of highly qualified professionals, including immigrants. Today, with a well-developed industry with a high absorption capacity for innovation, the country's leadership sets economic and technological priorities to solve problems and reap the benefits of American companies; based on these priorities contributes to the formation of human resources (including, as before, by attracting skilled immigrants), identifies areas of research and financially promotes the creation of startups in priority areas. It is shown that the US leadership has created the appropriate legal and institutional framework that has accelerated the commercialization of startup developments, and opened the public procurement market for them. It is substantiated that the central element of the state policy of encouraging innovative entrepreneurship in Ukraine should be the development of technology-oriented startups (TOS), aimed at creating products, processes, services based on their own developments. It is recommended to create basic documents: the draft Law on technology-oriented startups and the draft Strategy for the development of technology-oriented startups in the interests of innovative development of Ukraine's economy. It is shown that in determining the conceptual foundations and provisions of these documents it is necessary to take into account endogenous barriers and exogenous threats that today complicate the development of TOS in Ukraine.

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Procurement fraud in the US Department of Defense

Managerial Auditing Journal ◽

10.1108/maj-11-2015-1267 ◽

2016 ◽

Vol 31 (6/7) ◽

pp. 748-767 ◽

Cited By ~ 5

Author(s):

Juanita M. Rendon ◽

Rene G. Rendon

Keyword(s):

Internal Control ◽

Department Of Defense ◽

Public Procurement ◽

Internal Controls ◽

Contract Management ◽

Monitoring And Control ◽

Content Type ◽

The Us ◽

Us Government ◽

Procurement Fraud

Purpose This paper aims to explore selected real-world procurement fraud incidents in the US Department of Defense (DoD) and the implications of these incidents to the DoD’s contracting processes and internal controls. Design/methodology/approach This paper analyzes actual procurement fraud incidents and identifies in which phase of the contract management process the fraud occurred and which internal control component was associated with the fraud scheme. Findings The fraud incidents generally occurred during the source selection and the contract administration phases and involved the control activities, monitoring and control environment components of internal control. Research limitations/implications The fraud incidents are analyzed using contract management and internal control frameworks adopted by the US Government. Recommendations are developed for improving contracting processes and internal controls as an approach to deterring and detecting procurement fraud and may be applicable to other international public procurement bodies. Practical implications Governments are ensuring auditability in public procurement as a means of improving agency governance. The research findings suggest that an emphasis on capable contracting processes and effective internal controls should be adopted for fighting procurement fraud. Social implications Ensuring auditability in public procurement has a far-reaching effect in society. The value of capable processes and effective internal controls is gaining much attention in public agencies, as they strive for accountability, integrity and transparency in their governance processes. Originality/value By emphasizing capable processes and effective internal controls, governments can apply a strategic approach to detecting and deterring fraud and thus ensure that government monies are spent in the most effective and efficient ways.

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The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

The Journal of Law Medicine & Ethics ◽

10.1017/s107311050000749x ◽

2004 ◽

Vol 32 (1) ◽

pp. 181-184

Author(s):

Amy Garrigues

Keyword(s):

Pharmaceutical Companies ◽

Court Decisions ◽

Patent Holder ◽

Trial Court ◽

Court Of Appeals ◽

The Us ◽

Antitrust Laws ◽

Per Se ◽

Appeals Court ◽

Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

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