scholarly journals Analisis Yuridis Tentang Pelaksanaan Pengadaan Barang dan Jasa Pemerintah

2020 ◽  
Vol 1 (2) ◽  
pp. 228-239
Author(s):  
Andi Muhammad Refil ◽  
Ma'ruf Hafidz ◽  
Muhammad Rustam
Keyword(s):  
Empirical Research ◽  
Government Procurement ◽  
Goods And Services ◽  
Procurement Contract ◽  
Procurement Contracts

Penelitian bertujuan mengetahui pelaksanaan kontrak pengadaan Barang dan Jasa pemerintah di Kabupaten soppeng dan upaya yang dilakukan oleh pihak pengguna barang dan jasa bilamana terjadi keterlambatan di dalam penyelesaian pekerjaan pengadaan barang dan jasa Pemerintah di KabupatenSoppeng. Tipe penelitian ini adalah  penelitian empiris. Hasil penelitian Pelaksanaan Pengadaan barang dan jasa Pemerintah untuk menentukan penyedia barang dan jasa dilakukan dengan metode seleksi atau pelelangan. Kontrak Pengadaan Barang dan Jasa adalah perjanjian dimana suatu pihak yaitu penyedia barang dan jasa sepakat menyerahkan barang atau melaksanakan jasa tertentu dan pihak pengguna barang dan jasa sepakat membayar atas barang yang telah diserahkan atau jasa yang dilaksanakan, Kontrak pengadaan barang dan jasa Pemerintah pada Dinas Pendidikan Kabupaten Soppeng dibuat dengan akta dibawah ditangan. Upaya-upaya yang  dilakukan oleh pihak pengguna barang dan jasa bilamana terjadi keterlambatan di dalam penyelesaian pekerjaan pengadaan barang dan jasa Pemerintah di KabupatenSoppeng dengan menambah waktu pelaksanaan pekerjaan dengan amandemen Kontrak, sanksi denda, dan pemberhentian kontrak. This study aims to determine the implementation of government procurement contracts for goods and services in Soppeng Regency and the efforts made by the users of goods and services if there is a delay in completing the work of the procurement of government goods and services in Soppeng Regency. This type of research is empirical research. The results of research on the implementation of government procurement of goods and services to determine the providers of goods and services are carried out by the selection or auction method. The Goods and Services Procurement Contract is an agreement in which a party, namely a provider of goods and services, agrees to deliver goods or carry out certain services and the goods and services user agree to pay for the goods that have been delivered or services performed, a contract for the procurement of government goods and services at the District Education Office Soppeng made by deed under the hand. Efforts made by the users of goods and services when there is a delay in the completion of the work of the procurement of government goods and services in Soppeng Regency by increasing the time for carrying out the work by amending Contracts, sanctions fines, and terminating contracts.

Designing Audit Apps for Armchair Auditors to Analyze Government Procurement Contracts

2016 ◽  
Vol 13 (2) ◽  
pp. 71-88 ◽  
Author(s):  
Jun Dai ◽  
Qiao Li
Keyword(s):  
Open Data ◽  
Government Procurement ◽  
Open Government ◽  
Goods And Services ◽  
Procurement Contract ◽  
Open Government Data ◽  
New Type ◽  
Government Procurement Contract ◽  
Government Data ◽  
Procurement Contracts

ABSTRACT Each year, governments around the world spend billions of dollars purchasing a wide variety of goods and services. These governments must spend their money wisely in order to eliminate fraud, waste, and abuse of taxpayer dollars. Although government contracting systems are supposed to be transparent, people may still take advantage of these systems to gain benefits, which leads to high-risk contracts and, sometimes, costly government frauds. Recently, governments in some countries have started open data initiatives in order to make government operations more transparent to their citizens. With the open data, a new type of auditor, called an armchair auditor, could play an important role in monitoring government spending. An armchair auditor could be anyone who has an interest in government expenditures and who usually uses technologies to perform analyses on open data. Few studies have discussed how armchair auditors can better use the open data and what data analytics tools could be applied. To that end, this paper proposes a list of audit apps that could assist armchair auditors in analyzing open government procurement data. These apps could help investigate procurement data from different perspectives, such as validating contractor qualification, detecting defective pricing, etc. This paper uses Brazilian federal government procurement contract data to illustrate the functionality of these apps; however, the apps could be applied to open government data in a variety of other nations.

scholarly journals The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services Procurement Contracts

2021 ◽  
Vol 10 ◽  
pp. 662-667
Author(s):  
Solechan Solechan ◽  
Keyword(s):  
Problem Solving ◽  
Legal Aspects ◽  
Administrative Law ◽  
Government Procurement ◽  
Private Law ◽  
Legal Relationship ◽  
Procurement Contract ◽  
Government Procurement Contract ◽  
Service Procurement ◽  
Procurement Contracts

Contracts for the procurement of government goods/services are the realm of private law that implements pure private contracts. A legal relationship in a private contract, especially in a contract settlement, is a relationship between the settlement of the rights and obligations of the parties. This study describes the settlement of government goods/service procurement contracts that require a legal basis both in principle and theory. By using the conceptual analysis method, the findings indicate an inconsistency in solving a legal problem in a government procurement contract, where private legal issues are resolved through administrative law. Theoretically, this study contributes to the resolution of this problem, there are intersections between two legal aspects, namely private law and administrative law. In practical terms, this study encourages the development of government goods/service procurement contract problem-solving practices to adopt the contract problem-solving method starting to use administrative law.

Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster

2020 ◽  
Vol 07 (02) ◽  
pp. 229-249
Author(s):  
Ninis Nugraheni ◽  
Hening Arifanda ◽  
Alifihan Astaftiyan
Keyword(s):  
Public Procurement ◽  
Business Climate ◽  
Indonesian Government ◽  
Goods And Services ◽  
Procurement Contract ◽  
Force Majeure ◽  
Presidential Decree ◽  
The Government ◽  
National Disaster ◽  
Procurement Contracts

The Covid-19 Pandemic affects many sectors. Therefore, the Indonesian Government passed the Presidential Regulation Number 12 of 2020 to manage the Pandemic. Unfortunately, this regulation has evoked various interpretations on the disaster contingency as a foundation to apply force majeure condition. The Government’s policies of budget refocusing and reallocation to manage the Covid-19 Pandemic have brought significant effects on goods and services procurement contracts. This condition may lead the Government into default, and it is force majeure. Therefore, the Government is discharged from any liabilities. Consequently, it may injure contractors of procurement. This study aims to investigate the actuality of such procurement contracts following the Presidential Regulation. This study is a normative law research. Based on the Presidential Regulation, the force majeure condition is likely to be applied on procurement contracts. However, the condition does not immediately nullify or terminate the contracts. They remain legally valid and binding. In case of a condition permanently prevents debtor to fulfill obligations, contract can be terminated. In case of a condition temporarily prevents the contract’s implementation, the best solution to encourage conducive business climate is renegotiation that is legalized by contract addendum.

Penerapan Prinsip Pengadaan Barang dan Jasa melalui Aplikasi E-Purchasing dan E-Katalog

Wacana Publik ◽  
2020 ◽  
Vol 14 (02) ◽  
pp. 81-92
Author(s):  
Mega Mawarni ◽  
Gading Gamaputra ◽  
Selvi Diana Meilinda
Keyword(s):  
Information System ◽  
Implementation Process ◽  
Government Procurement ◽  
Fast Time ◽  
Transportation Equipment ◽  
Goods And Services ◽  
Descriptive Research ◽  
Type Data ◽  
Time Required ◽  
Research Type

Procurement of government goods and services carried out through e-catalog applications can make government procurement of goods and services efficient, the time required is shorter, the administration process also becomes simple. The procurement of goods through the E-Catalog application at the Inspectorate of East Java Province still faces problems in the implementation process. This research was conducted using qualitative methods with descriptive research type. Data collection techniques were collected using interviews, observation, and documentation. The results of research on the application of the principles of procurement of goods and services namely, Efficient, Procurement of goods through the e-catalog application can save the budget. Effective, the results of the procurement of goods carried out through the e-catalog application for all processes have been carried out with a fast time. Transparent, General Procurement Plan displayed on General Procurement Plan Information System contains all procurement information. Open, procurement of goods has been announced through General Procurement Plan Information System accessible to all the general public. Competing, Procurement of motorized land transportation equipment in the Inspectorate of East Java Province conducted through the e-catalog application, there is no competition between providers of goods and services. Fair, Procurement of motorized land transportation equipment is only provided by PT. ASTRA INTERNASIONAL, Tbk. –TSO as an official distributor of Toyota cars. Accountable, Procurement of goods and services in the Inspectorate of East Java Province is in accordance with regulations and results of procurement of goods can be accounted for.

On Re-invigorating the Australia-China Free Trade Agreement Negotiation Process

2013 ◽  
pp. 672-696 ◽  
Author(s):  
Ling Ling He
Keyword(s):  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Negotiation Process ◽  
Government Procurement ◽  
Procurement Contracts ◽  
The Way

Driven by both economic and geopolitical imperatives, negotiation of the Australia-China Free Trade Agreement (ACFTA) has been slow and difficult. The negotiation process has reached an impasse since the latest round took place in March 2012. Major reasons for this include difficulties encountered in negotiating on agriculture, services, investment, and government procurement contracts and surrounding populist resistance from both Australian and Chinese domestic constituencies. Following more than eight years of negotiations and establishment of closer trade related ties, there is a lot at stake for both countries in the outcome of these discussions. This paper examines these issues and of the way forward towards a workable negotiation process.

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.

Classification of Digital Technologies in the Sphere of Public Procurement and corporate Readiness for Their Implementation

2021 ◽  
pp. 26-33
Author(s):  
M. Umnova ◽  
A. Kokoreva ◽  
O. Ikonnikov
Keyword(s):  
Public Procurement ◽  
Big Data Analytics ◽  
Digital Technologies ◽  
Government Procurement ◽  
Full Potential ◽  
Business World ◽  
Goods And Services ◽  
Two Sides ◽  
The Internet Of Things

The digitalization of public procurement is a popular topic of discussion in both the scientific and business world. Currently, government procurement of goods and services in Russia does not use the full potential of digital technologies and is at the stage of electronization and automation. Technologies such as big data analytics, the Internet of Things, cloud computing, and additive manufacturing are not yet widely used. This article examines this problem from two sides. First, the existing and promising digital technologies of public procurement are studied, their classification is given by complexity, level of application and functions. The directions for the development of digital technologies are discussed using examples in Russian and foreign practice. Secondly, attention is also paid to the problem of organizations' readiness for digital transformation in technological and organizational aspects, taking into account the influence of environmental factors.

The utility of narrative voices in the federal procurement contract

2018 ◽  
Vol 4 (1-2) ◽  
pp. 58-74
Author(s):  
L Maria Ingram ◽  
Laura S Jensen
Keyword(s):  
Procurement Contract ◽  
Procurement Contracts ◽  
Federal Procurement ◽  
Narrative Voices ◽  
Insight Into

Federal procurement contracts incorporate multiple narrative voices representing a range of individual and organizational interests. We examine these contract voices as they act in, and speak from, a range of roles relevant to federal procurement, such as marketplace participants, taxpayer-citizens, chief adjudicator, and sovereign. Like tapestries, federal procurement contracts are made from textual threads that are woven, cut, tailored, and embellished to depict a particular cast of characters acting in accord with an underlying script. Recognizing this yields insight into the governmental values depicted within each contract’s formally structured, deliberately crafted pages.

scholarly journals Government Procurement with Strings Attached: The Uneven Control of Offsets by the World Trade Organization and Regional Trade Agreements

2016 ◽  
Vol 8 (2) ◽  
pp. 301-321
Author(s):  
David COLLINS
Keyword(s):  
Public Procurement ◽  
Trade Agreements ◽  
Developed Countries ◽  
Government Procurement ◽  
Asian Countries ◽  
Local Economies ◽  
Commercial Markets ◽  
Procurement Contracts ◽  
Harmful Effects ◽  
Wto Agreements

AbstractThis paper explores the practice of governments imposing domestic content-based requirements known as “offsets” on suppliers in order to secure public procurement contracts. Known to cause distortions in international trade, offsets are forbidden under the WTO’s Government Procurement Agreement and in the procurement chapters of several RTAs, although these restrictions have severe limitations with full offset prohibitions only accepted by a handful of developed countries. Given the sensitivity of procurement policy and the need to stimulate local economies, Asian countries in particular show an unwillingness to address offsets in their international agreements. While other WTO agreements restrain the use of local content rules, these regimes are ill-suited to control the harmful effects of offsets in a procurement context because of their focus on traditional commercial markets. The paper suggests that an enlargement of offset prohibitions would be advisable given the expected expansion of global procurement markets commensurate with economic development.

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