scholarly journals Transforming Public Procurement Contracts Into Smart Contracts

2021 ◽  
pp. 1380-1394
Author(s):  
Pauline Debono
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Smart Contracts ◽  
Procurement Process ◽  
The Public ◽  
Smart Contract ◽  
Procurement Contracts ◽  
Public Contract

The terms governing the provision of supplies, services, or works by an economic operator to a governmental entity are set into a public contract that is signed, following a procurement process. This article explores whether the public administration can utilise smart contracts to incorporate the terms governing the provision of supplies, services, or works. The fundamental elements of a contract are assessed, in order to determine whether a smart contract can be considered as fulfilling these requirements. Following this assessment, the main hurdles to the use of smart contracting are examined and a possible solution proposed. The case for utilising smart contracting within the realm of public procurement is finally advocated.

scholarly journals Transforming Public Procurement Contracts Into Smart Contracts

2019 ◽  
Vol 10 (2) ◽  
pp. 16-28 ◽  
Author(s):  
Pauline Debono
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Smart Contracts ◽  
Procurement Process ◽  
The Public ◽  
Smart Contract ◽  
Procurement Contracts ◽  
Public Contract

The terms governing the provision of supplies, services, or works by an economic operator to a governmental entity are set into a public contract that is signed, following a procurement process. This article explores whether the public administration can utilise smart contracts to incorporate the terms governing the provision of supplies, services, or works. The fundamental elements of a contract are assessed, in order to determine whether a smart contract can be considered as fulfilling these requirements. Following this assessment, the main hurdles to the use of smart contracting are examined and a possible solution proposed. The case for utilising smart contracting within the realm of public procurement is finally advocated.

scholarly journals O Controle Externo dos Contratos da Administração Pública pelo Tribunal de Contas: Ensaio sobre o Momento da Fiscalização Financeira Adotado no Brasil e em Portugal

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Gilberto Pinto Monteiro Diniz
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Financial Supervision ◽  
External Control ◽  
Legal Norms ◽  
The Public ◽  
Contract Performance ◽  
The Moment ◽  
High Degree ◽  
Procurement Contracts

O CONTROLE EXTERNO DOS CONTRATOS DA ADMINISTRAÇÃO PÚBLICA PELO TRIBUNAL DE CONTAS: ENSAIO SOBRE O MOMENTO DA FISCALIZAÇÃO FINANCEIRA ADOTADO NO BRASIL E EM PORTUGAL EXTERNAL CONTROL OF PUBLIC ADMINISTRATION PROCUREMENT CONTRACTS BY THE COURT OF AUDITORS: ESSAY ON THE MOMENT OF FINANCIAL SUPERVISION ADOPTED IN BRAZIL AND PORTUGAL Gilberto Pinto Monteiro DinizRESUMO: No Brasil e em Portugal, a contratação pública representa uma das principais fontes de despesa pública, constituindo-se, portanto, matéria de elevado grau de relevância e materialidade para a fiscalização financeira a cargo do tribunal de contas. Em razão disso, o objetivo deste trabalho é demonstrar o momento adotado pelos órgãos de controle externo desses dois países para verificar se o procedimento adotado pela Administração Pública para efetivar a contratação pública obedeceu às normas jurídicas pertinentes, bem assim se a execução contratual cumpriu com êxito o objeto pactuado e, ainda, se atingiu o resultado desejado. PALAVRAS-CHAVE: Tribunal de contas; fiscalização financeira; controle prévio, concomitante e subsequente; contratação pública. ABSTRACT: In Brazil and Portugal, public procurement represents a major source of public expenditure and thus constitutes a matter of high degree of relevance and materiality for the financial supervision handled by the Court of Auditors. For this reason, the aim of this work is to demonstrate the moment adopted by the external control bodies of these two countries to check if the procedure adopted by the Public Administration to carry out the public procurement abided by the relevant legal norms, as well as if the contract performance successfully fulfilled the agreed subject matter and, also, if it has reached the desired result.KEYWORDS: Court of auditors; financial supervision; prior, concomitant, and subsequent checking; public procurement.SUMÁRIO: Introdução. 1. Estado democrático de direito e controle externo exercido pelo tribunal de contas. 2. Inserção do tribunal de contas na estrutura do estado. 2.1. No estado brasileiro. 2.2. No estado português. 3. Contratação pública. 3.1. Relevância econômica e financeira da contratação pública. 4. Fiscalização financeira da contratação pública pelo tribunal de contas. 5. Momento da fiscalização financeira da contratação pública: prévio, concomitante e subsequente. 5.1. Momento adotado no Brasil. 5.2. Momento adotado em Portugal. Considerações finais. Referências.

scholarly journals Prototyping a Smart Contract Based Public Procurement to Fight Corruption

Computers ◽  
2021 ◽  
Vol 10 (7) ◽  
pp. 85
Author(s):  
Tim Weingärtner ◽  
Danielle Batista ◽  
Sandro Köchli ◽  
Gilles Voutat
Keyword(s):  
Information Disclosure ◽  
Public Procurement ◽  
Smart Contracts ◽  
The Public ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Sample Data ◽  
Procurement Procedure ◽  
Delivery Verification ◽  
Bidding Process

Corruption in public procurement is a worldwide appearance that causes immense financial and reputational damages. Especially in developing countries, corruption is a widespread issue due to secrecy and lack of transparency. An important instrument for transparency and accountability assurance is the record which is managed and controlled by recordkeeping systems. Blockchain technology and more precisely blockchain-based smart contracts are emerging technological tools that can be used as recordkeeping systems and a tool to mitigate some of the fraud involving public procurement records. Immutability, transparency, distribution and automation are some of the features of smart contracts already implemented in several applications to avoid malicious human interference. In this paper, we discuss some of the frauds in public procurement, and we propose smart contracts to automatize different stages of the public procurement procedure attempting to fix their biggest current weaknesses. The processes we have focused on include the bidding process, supplier habilitation and delivery verification. In the three subprocesses, common irregularities include human fallibility, improper information disclosure and hidden agreements which concern not only governments but also civil society. To show the feasibility and usability of our proposal, we have implemented a prototype that demonstrates the process using sample data.

scholarly journals Public procurement in Romania: environment, stakeholders and critical success factors

2020 ◽  
Vol 14 (1) ◽  
pp. 735-745
Author(s):  
Ionel Preda
Keyword(s):  
Public Administration ◽  
Critical Success Factors ◽  
Success Factors ◽  
Statistical Data ◽  
Public Procurement ◽  
The Public ◽  
Critical Success ◽  
Important Link ◽  
Procurement Contracts ◽  
Very High

AbstractPublic procurement represents the most important link between the public administration and the economy of a state, through which governments buy annually very high value products, works or services. Knowing the characteristics of the environment, critical success factors and stakeholders is of great importance because these are the three main elements that contribute to the award of public procurement contracts and the efficient spending of budgetary funds. The research presents an analysis of the specialized literature, the main statistical data from the official public procurement reports and identifies the most important characteristics of the environment in which public procurement takes place in Romania, the stakeholders and the critical success factors in this field.

scholarly journals ORGANIZATION OF THE PUBLIC PROCUREMENT PROCESS AT THE LEVEL OF THE CONTRACTING AUTHORITIES IN ROMANIA. PARTICULARITIES AND SOLUTIONS FOR THE MANAGEMENT OF PUBLIC PROCUREMENT PROCEDURES ORGANIZED IN THE CONTEXT OF EMERGENCY OF COVID-19 CRISIS

2020 ◽  
Author(s):  
Costel Ceocea ◽  
Raluca Alexandra Ceocea ◽  
Adrian Vatamaniuc ◽  
Vasile Mihălaș
Keyword(s):  
Decision Making ◽  
Public Procurement ◽  
Good Practice ◽  
Public Institutions ◽  
Negative Effects ◽  
Health Crisis ◽  
Procurement Process ◽  
The Public ◽  
Adoption And Implementation ◽  
Procurement Contracts

The normative framework applicable to public institutions imposes an approach to public procurement management aimed at awarding public procurement contracts in conditions of economic and social efficiency. Achieving the objectives set at the level of the organization, in accordance with the principles underlying the award of public procurement contracts is conditioned by the adoption and implementation of specific procedures, mainly oriented towards the organization of decision-making processes. In the context of the crisis triggered by the new Coronavirus SARS-CoV-2, contracting authorities were forced to organize public procurement processes, in a matter of urgency, on a procedural background less oriented towards adopting fast and efficient decisions, with negative effects both on the available financial resources and on the process of ensuring the flow of products, services and works corresponding to the rhythm imposed by the urgent needs of public institutions involved in managing the effects of the health crisis. This paper aims at individualize the decision-making process in the field of public procurement in Romania, in order to identify models of good practice, procedures and support working tools for optimizing the public procurement process carried out at the level of contracting authorities in a matter of emergency.

scholarly journals Corruption: Profile of political companies in Romania

2015 ◽  
Vol 65 (s1) ◽  
pp. 65-82 ◽  
Author(s):  
Daniela Pirvu
Keyword(s):  
Political Parties ◽  
Empirical Evidence ◽  
Public Procurement ◽  
European Level ◽  
Theoretical Level ◽  
The Public ◽  
The Subject ◽  
Procurement Contracts ◽  
Public Contract

The subject of the paper is related to the tainting of the public contract award process and the consequences generated by it: corruption in public procurement, which is a major problem of the Romanian economy, recognised and pointed out both at the national and at the European level. The study provides empirical evidence that between 2009–2013 there were many companies that repeatedly win public procurement contracts and do business only (or almost only) with the local and central authorities (contracting authorities who represent the interests of political parties). At the theoretical level, the profile of these companies, called political companies, is identified.

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.

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.

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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