Enhancing Retrieval-Augmented Generation Performance through Network Analysis of Question Types in Public Procurement Law

ЗДІЙСНЕННЯ «ЗЕЛЕНИХ» ПУБЛІЧНИХ ЗАКУПІВЕЛЬ: ПОТЕНЦІЙНІ ПЕРЕВАГИ ТА ВИКЛИКИ ДЛЯ УКРАЇНИ

Studies highlight that public procurement in any country acts as a barometer of public confidence in fairness and transparency of public institutions. A number of cases related to corruption in public procurement in the country have been highlighted by media on regular basis. These incidents raise questions regarding robustness of the procurement framework in vogue in the country. Though no special legislative framework dealing with public procurement exists in the country, the administrative guidelines on the subject are quite exhaustive. Procurement is not a state subject; hence law can be made by the Centre for entire country. However, no separate law governing public procurement has been enacted in India. However, public procurement in India is not bereft of its share of issues. Multiplicity of instructions, absence of procurement law and singular emphasis on upfront value of acquisition without considering life cycle cost mars public procurement in India. Further, social and environmental sustainability has also not received the attention it deserves. Studies highlight that migration of public procurement to Internet could provide us savings of up to 25% by streamlining 30% of Indian Union Budget spent on provisioning of goods / services. However, any such endeavor has 70% chances of failure. With only 13% e-procurement research focusing on public sector make matter worse. In the above backdrop, the chapter would cover: Importance of public procurement, Difference between public and corporate procurement, Overview of procurement framework of the country - covering constitutional/ legislative/ administrative provisions, generic public procurement process, various types of procurements – limited tender, open tender, single tender, issues in public procurement of the country and e-procurement initiatives by Government of India and status thereof.

PurposeIn Turkish public procurement practice of construction works, only bidders whose capabilities on each qualification criteria meet prescribed thresholds are taken into evaluation; however, final evaluation disregards contribution of contractor’s abilities to the delivery of project. The purpose of this study is to assign reasonable weights to qualification criteria stated in Public Procurement Law applicable for work contracts by the method of analytical hierarchy process (AHP) with crisp and fuzzy numbers and evaluate the results. Having optimum quality structures to obtain value for money and giving weight to environmental concern in tender evaluation stage can assist sustainable economy.Design/methodology/approachTo introduce qualifications of tenderers to evaluation process, a survey was conducted among 20 public procurement specialists at Public Procurement Authority of Turkey. AHP and fuzzy analytical hierarchy process (FAHP) methods were used to obtain the weights for qualifications.FindingsIn any method used in the study, experience became the most important criterion after bid price. Facility, machine and equipment criterion became the second and annual turnover criterion became the third most important criterion.Research limitations/implicationsThe set of qualification criteria used in this study is confined by Turkish Public Procurement Law and secondary regulations. However, as Public Procurement Law is in accordance with European Union directives, the conclusions of the study should not be considered to be geographically limited by the borders of Turkey. Also, professional to take part in the survey were randomly selected from the Public Procurement Specialist working at Public Procurement Authority.Social implicationsThe outcomes of the study may improve sustainability through public procurement.Originality/valueTo the best of the authors’ knowledge, this is the first study offering weights for tenderer’s qualifications to be used in a multi-criteria decision-making process for contractor selection in public work procurement process in Turkey.

The increasing cases of non-compliance to public procurement Act (PPA) 2007 is a pervasive problem in public sector procurement of infrastructure, and this development poses a threat to achieving the main goals of enacting the public procurement Act 2007. Studies have shown that improving the knowledge based of procurement personnel and effective monitoring are correlates of compliance, but the nexus between these parameters and compliance lack empirical validation in the literature. This is aiming at purging the public sector competition, efficiency and transparency. This study explored the influence of knowledge and monitoring on compliance with public sector procurement law in Nigeria. A questionnaire survey involving 143 public sector procurement professionals in North-West Zone, Nigeria was undertaken to assess the influence of monitoring and knowledge related factors on compliance with public-sector procurement. The data were analyzed using partial least square-structural equation modeling (PLS-SEM). The PLS- SEM results show that monitoring and knowledge and compliance with public procurement Act are positively correlated. Knowledge and monitoring factors were responsible for 0.38 (38%) variance in compliance with PPA. The model goodness of fitness GoF indicated a well fitted figure of 0.537 which is above the threshold baseline. Based on the results therefore, improving monitoring and knowledge of personnel by the bureau of public procurement (BPP) can lead to total compliance with the PPA, hence, only trained and certified procurement personnel should oversee procurement process in all public sector organization.

Part One Introduction 1 Introduction and Framework for Analysis I. Introduction II. General Approach to the Interrelationship between Competition and Public Procurement Law III. Aim of the Study IV. Structure of the Study and General Overview V. Methodology: An Eclectic and Heuristic Multi-Disciplinary and Functional Approach to EU Law VI. Normative Assumptions VII. Delimitation of the Study: Exclusions and Limitations Part Two Foundations and Principles: The Economic and Legal Basics of Public Procurement and Competition Law 2 An Economic Approach to Public Procurement and Competition I. Introduction II. Types of 'Public Procurement Markets' III. Economic Dimensions of Public Procurement IV. The Role of Public Authorities as Purchasing and Contracting Authorities V. Public Procurement as a Market Failure: Difficulties in Recreating a Competitive Scenario and Competition- Restricting Effects 60 VI. Conclusions to this Chapter 3 Basics of Competition and Public Procurement Regulation I. Introduction II. Principles Common to Competition and Public Procurement Law as Two Sets of Economic Regulation III. The Goal(s) of Competition Law IV. Goals of Public Procurement V. Conclusions to this Chapter: Common Goals of Competition Law and Public Procurement Conclusions to Part Two: Legal and Economic Normative Foundations of a More Competition-Oriented Public Procurement System Part Three General Part: The Building Blocks of a Framework for the Competition Analysis of Public Procurement 4 EU Competition Law and Public Procurement: The Inability of EU Competition Rules to Rein in Anti-Competitive Public Procurement I. Introduction II. The Inability of Rules on the Grant of State Aid and Special or Exclusive Rights to Tackle Anti-Competitive Public Procurement III. The Inapplicability of 'Core' EU Antitrust Rules to Public Procurement: A Jurisprudentially Created Gap in EU Competition Law IV. The Insufficiency of State Action Doctrine to Capture Most of the Anti-Competitive Public Procurement Regulations and Practices V. Preliminary Conclusions: The Insufficiency of Current Competition Institutions and Potential Improvements to Achieve Better Results VI. A Revision of Current Doctrine to Achieve Better Results (1): A More Economic Approach to the Concept of 'Economic Activity' in the Public Procurement Field VII. A Revision of Current Doctrine to Achieve Better Results (2): Setting the Proper Bounds to the State Action Doctrine VIII. Conclusions to this Chapter 5 The Principle of Competition Embedded in the EU Public Procurement Directives I. Introduction II. The Competition Principle Embedded in the pre-2014 EU Public Procurement Directives III. The Principle of Competition Consolidated in Article 18(1) of Directive 2014/24: A Critical Assessment of the Interpretative Difficulties it Creates IV. Implications of the Competition Principle for the Shaping of Public Procurement Rules by Member States: The General Obligation to Develop a Pro-Competitive Public Procurement Framework V. The Principle of Equal Treatment and the Principle of Competition Distinguished VI. Conclusions to this Chapter Part Four Analysis of Competition Distortions Caused by Public Procurement 6 A Critical Assessment of the 2014 EU Public Procurement Directives and the Existing Case Law from a Competition Perspective: Preventing Competitive Distortions by the Public Buyer I. Introduction II. A Competition Appraisal of Potential Distortions Derived from Public Procurement Processes III. Two Examples of Potential Distortions Derived from the Exercise of Public Entities' Market Power IV. Conclusions to this Chapter 7 Complementary Proposals for the Development of a More Competition-Oriented Public Procurement Framework I. Introduction II. Complementary Proposals Aimed at Limiting Publicly Created Restraints of Competition III. Complementary Proposals Aimed at Limiting Privately Created Restraints of Competition IV. Complementary Measures Aimed, in General, at Strengthening the Relationships between Competition and Procurement Authorities V. Conclusions to this Chapter Part V General Conclusions 8 Conclusions: Towards a More Competition-Oriented Procurement System References

Objective: This paper presents the methods of public sector procurement in some public procurement laws such as UNITRAL law, Egyptian Law, Indian Law, Kenyan Law, and UAE law. Theoretical Framework: Some of the modern methods used by many countries, the research also sought to develop a clear definition of public sector procurement and relied in this research on the comparative approach as a significant approach to study for comparing the laws of countries. Method: This paper used descriptive-analytical methodology to analysis the legal frameworks of public sector procurement methods in Egypt, UAE, and other laws in comparison, the research reached to a result that the new Egyptian system and UAE system were influenced by modern international practices by including in the new law on administrative contracts modern methods of public procurement applicable in many countries. Results and Discussion: This research dealt with government procurement methods in international practices and their impact on the Egyptian case in a comparative legal context, as it also dealt with government procurement methods in international experiences, Egypt, and UAE. Research Implications: The government procurement methods contained in the UNCITRAL Model Law for Public Procurement, which was developed by the United Nations Commission on International Trade Law, were presented so that countries Which is in the process of reforming or improving their procurement systems or developing new systems for government procurement to be guided by it. Originality/Value: By reviewing several Arab literatures, we find a gap in this aspect. In addition, many fallacies are spread in this field, as some limit this definition to purchasing in the narrow sense. However, in the governmental field, it is considered broadly by the UNCITRAL Model Law and some laws of other countries.

Part I. The WTO Regime on Government Procurement: 1. The WTO regime on government procurement: past, present and future Part II. Expanding the Scope of the Agreement on Government Procurement: Accession and Coverage: 2. Forging a more global procurement market: issues concerning accessions to the agreement on government procurement 3. Accession to the agreement on government procurement: the case of China 4. India's possible accession to the agreement on government procurement: what are the pros and cons? 5. The benefits to developing countries of accession to the government procurement agreement: the case of Chinese Taipei 6. The coverage negotiations for the agreement on government procurement: context, mandate, process and prospects 7. A case study of coverage issues: Canada's sub-central coverage under the agreement on government procurement 8. The procurement of state trading companies under the WTO agreements: a proposal for a way forward 9. Addressing purchasing arrangements between public sector entities - what can the WTO learn from the EU's experience? Part III. Revision of the Procedural Rules and Other Transparency Provisions of the Agreement on Government Procurement: 10. The revised agreement on government procurement: changes to the procedural rules and other transparency provisions Part IV. Developing Countries in the WTO Procurement Regime: 11. Special and differential treatment for developing countries under the agreement on government procurement: the current text and new provisions 12. Building sustainable capacity in public procurement 13. Untying aid through the agreement on government procurement: a means to encourage developing country accession to the agreement and to improve aid effectiveness? Part V. Economic and Social Development (Horizontal Policies) in Government Procurement: 14. The national treatment and exceptions provisions of the agreement on government procurement and the pursuit of horizontal policies 15. The limited case for permitting SME procurement preferences in the agreement on government procurement 16. Social policies in procurement and the agreement on government procurement: a perspective from South Africa Part VI. Enforcement and Remedies: 17. Constructing a system of challenge procedures to comply with the government procurement agreement 18. Designing effective challenge procedures: the EU's experience with remedies 19. The design and operation of a bid challenge mechanism: the experience of Hong Kong Part VII. Multilateralism and Regionalism: 20. Government procurement provisions in regional trade agreements: a stepping stone to GPA accession? 21. A case study of regionalism: the EU-Cariforum economic partnership agreement Part VIII. Challenges and New Directions: 22. Ensuring integrity and competition in public procurement markets: a dual challenge for good governance 23. Developing multilateral rules on government procurement: the value of soft law 24. Work of UNCITRAL on government procurement: purpose, objectives, and complementarity with the work of the WTO 25. Global procurement law in times of crisis: new buy American policies and options in the WTO legal system 26. Procurement rules in times of crisis: lessons from US government procurement in three episodes of 'crisis' in the 21st century.

Public procurement corruption is a part of the larger corruption regime in Nigeria. Its pervasiveness is noticeable in a number of abandoned and incomplete infrastructural facilities designed to facilitate socio-economic aspirations of members of the public. Despite a series of comprehensive frameworks legislated to tackle down malfeasances, safeguard public resources, and ensure effective service delivery, compliance in the sector remains rare. Corruption in Nigeria’s public sector continues to compromise effective public service delivery; the procurement process characterized by a network of unethical practices including the circumventing of procurement regulations by agencies of government, thereby violating requisite laws aimed at promoting transparency. This chapter reviews existing legislative frameworks guiding public procurement and the level of compliance by stakeholders in the public sector. While there are sufficient provisions intended to curb sleazes in public procurement, institutional constraints coupled with abuse of power by top government officials, have weakened the potency of relevant laws. Besides, selective application of the law has institutionalized the culture of corruption in public sector procurement in Nigeria.

Straipsnyje analizuojama ES ir nacionalinės viesųjų pirkimų teisės įtaka vykdomoms viesųjų pirkimų procedūroms. 2014 m. vasario 26 d. priimta Europos Parlamento ir Tarybos direktyva 2014/25/ES dėl subjektų, vykdancių veiklą vandens, energetikos, transporto ir pasto paslaugų sektoriuose, vykdomų pirkimų, panaikina Direktyvą 2004/17/EB. Atitinkamai 2014 m. vasario 26 d. priimta Europos Parlamento ir Tarybos direktyva 2014/24/ES dėl viesųjų pirkimų panaikina Direktyvą 2004/18/EB. Naujasis Lietuvos Respublikos viesųjų pirkimų įstatymas, turėjes įsigalioti jau 2016 m. balandžio 18 d., sulaukė daug kritikos, todėl naujojo įstatymo priėmimo procedūra buvo atidėta. Straipsnyje pateikiama 2016 m. sausio–balandžio mėn. atlikto kokybinio tyrimo rezultatų analizė, atskleidžianti ekspertų požiūrį ir patirtis viesuosiuose pirkimuose, taip pat ir naujojo reglamentavimo keliamus issūkius.

The Centrality of Military Procurement: Explaining the Exceptionalist Character of United States Federal Public Procurement Law

Subjects of Legal Regulation – Different Approaches of Competition, Public Procurement and Corporate Law

The relationship between public procurement and competition has recently been receiving an increasing amount of attention, both in academic and policymaking circles. It is becoming common ground that public procurement holds a complex and bidirectional relationship with market competition and that, consequently, a tighter link between public procurement and competition law enforcement needs to be established.This paper explores the recent OECD push for more competition in public procurement and its role as an influential factor in the ongoing reform of EU public procurement rules. Afterwards, it critically assesses three of the main challenges to keeping public procurement precompetitive: (i) the difficult balance in terms of procurement transparency created by the clash between competition and corruption concerns; (ii) the magnification of the undesired (potential) anticompetitive effects of public procurement that centralised procurement may generate, as well as its increasing use as an improper tool of market regulation; and (iii) the possible competitive distortions and the potential advantages resulting from the generalization of eProcurement. The conclusions extract some common patterns derived from the previous analysis and suggest some policy recommendations mainly oriented at boosting oversight and professionalization of procurement.

Objective: The objective of this study is to investigate the incorporation of environmental sustainability criteria in public procurement processes, aiming to assess the impact of these criteria on the effectiveness of procurements under the New Public Procurement and Contracting Law. Theoretical Framework: The research is based on concepts of environmental sustainability and sustainable public procurement. Theories of sustainable development and principles of sustainability in public administration are highlighted, providing a solid foundation for the analysis. Method: The methodology adopted for this research includes a qualitative approach, using the deductive method. Data collection was conducted through a critical analysis of bibliographic materials indexed on platforms evaluated by Capes, as well as legislative documents and relevant doctrines on the subject. Results and Discussion: The results indicate that the New Public Procurement and Contracting Law presents significant advances in integrating sustainability into public procurement processes through the explicit inclusion of environmental sustainability criteria. However, the effective implementation of these criteria faces important challenges, mainly related to the training of public agents and the adaptation of existing structures to new demands. The discussion contextualizes these results in light of the theoretical framework, highlighting the identified implications and relationships. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of public procurement. These implications encompass areas such as public policies, professional training, and sustainable development. Originality/Value: This study contributes to the literature by highlighting the relevance of the New Public Procurement and Contracting Law in promoting sustainable practices in public procurement. The originality of the research lies in the critical analysis of the challenges and advances provided by the new legislation, highlighting its potential impact on sustainable development.

Public procurement legislative reforms have proved to be a veritable economic development mechanism. This reform seeks to streamline, legalize and institutionalize public procurement practices in order to achieve the objectives of transparency, accountability, probity and anti-corruption. Using the Polytechnic Ibadan as a case-study, the paper X-ray some of the basic features and expectations of public procurement law regime. It observes that procurement law regime seeks to achieve the purpose of good governance through institutionalization of standard procurement practices. The data collection tool used was structured closed and open –ended questionnaires for the respondents who had been involved in the procurement process including survey of related literature on public procurement. In the course of testing the hypotheses, regression analysis was used to test the impact of public procurement in the execution of capital projects. The result of the findings reveals that Public Procurement Law had not made any significant impact on the execution of capital projects in the Polytechnic, Ibadan. The paper posits that if Nigeria nation must achieve the objectives of openness, transparency, probity, accountability and reduced corruption in line with global best governance institutional reform agenda, efforts should be intensified to deepen public procurement practices across all the government institutions.

First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.