Competitive Contracting Research Articles

Tinjauan Hukum Sayembara Dalam Islam Terhadap Kegiatan Mulung Koin Pada Live Streaming Tiktok

TikTok is a social media platform supported with music features, filters, and various other creative features. Recently TikTok added a new feature that allows users to use the TikTok Live or live streaming feature. Live TikTok enables creators and users to communicate directly. TikTok Live also allows viewers to receive TikTok coins as a commission for activities that have been carried out, such as collecting coins during live streams organized by TikTokers or viewers. The organizer can also set the number of spectators who receive coins as they wish, so that not all spectators who press the treasure chest icon will receive coins. Therefore, the purpose of this study is to find out how the law of competition in Islam is against the activity of mulung koin on TikTok live streaming. This research is field research using a qualitative approach. The data collection method in this study uses observation and documentation methods. Data analysis was carried out using the theory proposed by Miles, Huberman, and Saldana, using techniques such as data condensation, data display, and drawing conclusions. The results of the study show that live streaming of the TikTok application according to Islamic sharia is included in the ju'alah/competition contract. Judging from the terms and conditions of the ju'alah contract, this mulung koin activity has been fulfilled. However, the organizer of the mulung koin should explain the harmony and conditions of the ju'alah contract that the salary or wages in the contract are not divided equally among each scavenger so as not to cause doubts.

Scenario Planning in Selecting Contract Strategy Scheme to Achieve OTOBOSOROR (On Time, On Budget, On Specification, On Regulation, and On Return) Target in PT Kilang Pertamina International

Indonesia as developing countries, continues to implement various strategic action to increase economic activities through infrastructure development named National Strategic Project (PSN) that are deemed to be strategically important and must be completed quickly. To fulfill the PSN, PT KPI has ultimate goal namely OTOBOSOROR (On Time, On Budget, On Schedule, On Regulation, On Return) where there are still many project delays, cost overrun or under specification. Therefore, one of the main goals of the project is a fast-tracking strategy in developing projects to achieve earlier project completion with lower Capex and meet owner specification. However, in fast-track projects, starting an activity without comprehensive data and knowledge entails additional risks and uncertainties than in typical project. Therefore, the author will assess appropriate scenario planning for future contract strategy scheme to achieve OTOBOSOROR target by exploring the internal organization as well as the external environment using McKinsey’s 7S and PESTEL. Then, scenario planning analysis will be conducted where’s ten driving forces are identified and analyzed. Four scenarios are created from crucial uncertainties by combining the important variables of project scheduling and project cost. Implications and options are arranged for the respective scenario. At the end this study proposes Design Build Competition (DBC) contract strategy concept to complete the fast-tracking strategy, reduce project costs and maintain owner specification. However before initiating an activity, PT KPI should manage all risks and uncertainties in fast-track initiatives to avoid potential events that are not beneficial for future PT KPI projects.

Competitive contract design in a retail supply chain under demand uncertainty

AbstractThis article studies the design of contracts involving a single retailer and multiple competing manufacturers who supply substitutable products. We consider a retail context in which contracts with manufacturers are negotiated relatively infrequently and signed before the demand environment is known, and the retail prices are determined when the demand is known. We develop a Stackelberg model to study the retailer's product selection and pricing decisions and the manufacturers' contract design decisions. We show that it is optimal for each manufacturer to offer a contract with nonlinear prices so that total payments are the total production cost plus a fixed additional cost. In the case of two manufacturers this result allows us to characterize an equilibrium in which the retailer's choice maximizes the supply chain profit, each manufacturer makes a profit equal to its marginal contribution to the supply chain, and the retailer takes the remaining profit. We also find that while increasing demand correlation always benefits the retailer, it benefits the manufacturers only when the production costs are convex. In an extension it is found that our equilibrium continues to hold when the retailer's reservation profit is below a threshold, but the competition dynamics may change when the reservation profit is above the threshold. Finally, we show that the equilibrium results remain true for the case with more than two manufacturers under a submodularity property, which holds in the case of quadratic costs and linear demand.

Full and open competition in public procurement: a noble lie

The notion that the US federal government provides equal opportunity for all businesses to potentially receive contracts may be, as discussed in Plato's Republic, a noble lie. In this context, the noble lie represents government's attempt to advance an agenda that is ostensibly in the public interest yet is empirically untrue. Using the 'full and open competition' designation and number of offers as a measure of actual competition for government contracts, this research shows that competitive contracting by the US federal government is more an ideal than actual practice. Based on these findings, it is asserted that full and open competition is consistent with a noble lie, existing as an ideal not regularly attained, but nonetheless offered in service of other ends. Contextualising and linking the noble lie with trust signals areas for future research regarding competition in public procurement.

The relations between business model efficiency and novelty, and outcome while accounting for managed competition contract: a quantitative study among Dutch physiotherapy primary healthcare organisations

BackgroundSince 2006, business principles have been introduced to foster efficient healthcare by way of managed competition. Managed competition is expressed by a contract between a health insurer and a physiotherapy primary healthcare organisation (PTPHO). In such a managed environment, PTPHOs have to attain treatment service quality and financial PTPHO-centred outcomes Research shows that business model designs may enhance organisation-centred outcomes. A business model is a design (efficiency or novelty) of how a firm transacts with customers, partners, and vendors; how it connects with markets. However, research on managed competition contract and business model designs, in relation to PTPHO-centred outcomes is new to the healthcare literature. PTPHOs may not know how business model designs enhance outcomes. This study aims to delineate the relations between business model efficiency and novelty, and PTPHO-centred outcomes, while accounting for managed competition contract in Dutch healthcare.MethodsA quantitative cross-sectional design was adopted. Using a questionnaire, the relations between managed competition, business model efficiency and novelty, and PTPHO-centred outcomes were investigated among PTPHO managers (n = 138). Theory-based expectations were set up and multiple linear regression analyses were applied.ResultsManaged competition and business model efficiency show no relation with PTPHO-centred outcomes. Moderation of the business model efficiency and PTPHO-centred outcomes relation by managed competition contract is not detected. Business model novelty shows a positive relation with PTPHO-centred outcomes. Moderation of the business model novelty and PTPHO-centred outcomes relation by managed competition contract is found.ConclusionsThere seem to be positive relations between business model novelty and PTPHO-centred outcomes on its own and moderated by managed competition contract. No relations seem to exist with business model efficiency. This implies that the combination of persistent use of health insurer-driven managed competition contracts and a naturally efficient PTPHOs may have left too few means for these organisations to contribute to healthcare reforms and attain PTPHO-centred outcomes. Organisation-driven innovation could stretch system-level regulations and provide room for new business models. Optimising contracts towards organisation-driven healthcare reform, including novelty requirements and corresponding reimbursements is suggested. PTPHO managers may want to shift their attitudes towards novel business models.

Analysis of the Competitive Level Between Wadiah Yad Dhamanah Savings Products and Mudharabah Mutlaqah At PT. Bank Syariah Indonesia KCP Singkil Iskandar Muda

Bank Syariah Indonesia kcp Singkil Iskandar Muda has a savings product using a contract between Wadiah Yad Dhamanah and Mudharabah Mutlaqah. Of course, both of these savings products have their advantages and disadvantages. As a result, indicators that affect the environment that are attracted to a competitive contract can be determined by various aspects, including aspects of return, aspects of costs, aspects of growth, social aspects, risk aspects, and promotion aspects. Therefore, the purpose of this study is to identify strengths and weaknesses, as well as indicators that affect savings products. This type of research is a qualitative research using analytical descriptive technique. Data collection was done by interview method. The subject of this research is leadership at PT. Bank Syariah Indonesia kcp Singkil Iskandar Muda. The results show that the Mudharabah mutlaqah savings product is more desirable than the wadiah yad dhamanah savings product because the indicator is substantially more profitable for customers.

Governance distance and the performance of cross-border private participation infrastructure projects

PurposeThe privatization of infrastructure promotes efficiency and service standards. While cross-border private participation infrastructure (PPI) projects hosted in emerging markets have become more prevalent in recent years, there have also been more failures. The purpose of this paper is to investigate how governance distance affects the survival of cross-border PPI projects.Design/methodology/approachThe authors provide theoretical justification and empirical evidence to verify our views. The authors test the hypotheses on a sample of 4,678 cross-border PPI project investments made in emerging market countries between 1990 and 2016. Estimation techniques consist of a binary logistic regression model and a rare events logistic model.FindingsThe findings suggest that increased governance distance can lead to project failure. The study results show that governance distance is negatively correlated with the probability of project survival. Greenfield investment intensifies the negative effect of governance distance while competitive contracts mitigate the negative effect of governance distance.Practical implicationsThe results reveal that transnational investment in infrastructure projects is susceptible to institutional differences between home and host countries. Therefore, both private enterprises and host government should pay attention to the impact of inter-country differences on negotiations and project operation. Competitive contracts mitigate this negative effect, but entering in the form of greenfield investment amplifies the negative effect of distance.Originality/valueTransnational industrial engineering projects are easily affected by the differences in governance levels between the two countries. This study introduces governance distance into the field of infrastructure projects, focusing on the impact of differences between home and host countries on transnational projects. The findings on infrastructure projects that are closely related to host government contribute to the literature by broadening the research of institution and distance.

Supreme emergencies and public accountability: the case of procurement in the UK during the Covid-19 pandemic

PurposeThe aim of this paper is to examine the changed nature of public accountability during a supreme emergency and explore how legal and auditing mechanisms have come to the fore, concluding that misappropriation of public monies is not an inevitable outcome.Design/methodology/approachThe paper explores an illustrative example, the UK government's procurement of personal protective equipment during the early stages of the Covid-19 pandemic.FindingsIn circumstances of a supreme emergency where parliamentary scrutiny and competitive contract tendering are suspended, other forms of public accountability come to the fore, with civil society actors becoming more evident.Research limitations/implicationsThe paper relies on illustrative examples based on the Westminster model of government. The study advanced the notion of deferred accountability and identifies areas for further study, potentially in different jurisdictions.Social implicationsThe paper highlights the need for a variety of active and engaged civil society actors.Originality/valueThe paper contributes an empirical case to how an account of government behaviour is established. The paper also contributes to a deeper understanding of the nature and role of legal and government audit accountability mechanisms.

“Production + procurement” outsourcing with competitive contract manufacturer's partial learning and supplier's price discrimination

AbstractIt is widely observed that many original equipment manufacturers (OEMs) have relied on contract manufacturers (CMs) for production, even if the CMs have self‐branded business. However, outsourcing “production + procurement” indicates deep cooperation between OEMs and CMs, and hence, induces the CMs to partially but legally learn the OEM's innovations. In this paper, we formulate an OEM's procurement outsourcing decisions to a competitive CM when the latter has partial learning ability. We formulate the OEM's trade‐offs between its procurement cost saving and the intensified downstream competition because of the competitive CM's improved products. We find that the OEM prefers outsourcing “production + procurement” when the competitive CM's learning ability is either low or high. The CM's high learning ability will lower the OEM's marginal revenue but the OEM can save innovation investment cost if he outsources “production + procurement”. We also study the impact of the competitive CM's improved learning ability and the OEM's license fee charged to the competitive CM.

Trust and reasonable expectations in contracts — values that always matter (from the perspective of Polish private law)

Will a situation where the “competitive contract law” is developing alongside the classical contract law inevitably lead to a clash of these two contractual worlds? It has been suggested that there is a kind of “competition” between modern contract law and the classical one, with the final result seen in terms of a zero-sum game. The alternative is to perceive this phenomenon not as a “competitive arena” but a “cooperative one” (with a win-win result). By analogy to architecture, it means a peaceful refurbishment, where the foundation is preserved and the rest can be rebuilt in such a way that the whole construction will be solid and serve for decades. Some institutions of traditional contract law, altogether with their traditional functions, create elements that can make the whole construction stable and impervious to unforeseen and atypical situations. This article takes a close look at the three mechanisms present under the provisions of Poland’s Civil Code, namely interpretation (Article 65), supplementation (Article 56) and setting out obligations according to due performance (Article 354), which are based on traditional contract criteria, namely trust and reasonable expectations. The perspective of Polish law is presented with some references to Chinese law and culture, as this helps show that certain traditional criteria are recognised and do matter in different legal cultures. These traditional criteria of a contextual nature determine the meaning and content of contracts in almost every legal order and in model law. They can be seen as the elements that strengthen and stabilise the whole construction of contract law. The author raises the question whether nowadays a serious surgical intervention to the extent of contract law is necessary, or whether a delicate face-lifting would be sufficient (if at all). This question refers mainly to trust as a soft but crucial contractual tool at each contracting stage. The article presents the approach whereby trust (in particular), when acting as a unilaterally understood functional instrument, can reconcile the world of traditional contract law with the modern one. In other words, trust is recognised as a vital element connecting not only different legal cultures, but also traditional contract law with the modern one.

Contracting school meals in a rural Florida district

Purpose The purpose of this paper is to examine the decision to contract school meal services and the associated nutritional and financial impacts on school districts. Given the increase in the use of competitive contracting of public school meal services and the critical role that school meal services play in public health, this is an important subject to investigate. Design/methodology/approach A case study was performed using one US school district with privatized food service. Face-to-face interviews were conducted with school food service decision makers. Other data collection included the analysis of public documents such as the school district’s budgets and financial statement reports (the cost per lunch and breakfast meals, the cost for labor, contract, transport, supplies and food expenses) and school food service policies (contract policies). Supplementary data pertaining to district social-demographic profiles and full-time equivalent enrollment figures were also collected from state departments. Findings Analysis of interviews revealed that positive financial motivations and impacts were dominant factors related to contracting food services in the district. A significant finding was the relatively short turnaround in the district’s negative financial situation as a result of contracting out the food services. These findings provide valuable insight and support for rural school districts in similar negative financial situations seeking to contract out food services. Originality/value Many studies have examined contracting out of technical services, such as transport and waste management, and social services, such as correctional services and health; however, there is a lack of studies documenting the effects of contracting out of school meal services.

US Commuter Rail Renaissance: A 30-Year Progress Report

In 1989 the first new US commuter railroad in living memory opened for business in South Florida running over a 41-mile route between Miami and Boca Raton. “Tri-Rail” quickly expanded to result in a 71-mile-long service that spanned three counties. Tri-Rail soon had a long string of imitators among other Sun Belt and western cities wrestling with highway congestion and a paucity of affordable fixed guideway transit options. New commuter rail services were started in other cities with no previous history of commuter rail service. Thirty years later, commuter rail service is now offered in 14 new US jurisdictions. Most had no previous experience with commuter service. The number of US commuter railroads has more than doubled in the last 30 years and the legacy systems have enjoyed a 50% growth in ridership. This paper reviews this remarkable success story, tracing the “New Start” commuter rail phenomenon while also reporting how the nine “Legacy” systems that were operating in 1988 have fared over the last 30 years. The paper uses the most recently published (2016) federally collected data to compare the New Start services with the older, and generally larger, legacy systems. 1987 also marked the US’s first competitively procured commuter rail service in Boston, soon followed by Miami in 1988. Today, 14 US commuter railroads are operated under the auspices of a competitively tendered procurement. Eleven other railroads are “owner operated” either by employees of the public agency sponsoring the service or by the private owner (freight railway) of the subject railway under the auspices of a negotiated service contract. This paper considers how this management innovation has worked out by comparing the economic performance of the “competitive contract” services with the “owner operators.”

Emerging community-based service models for older adults in urban China: A case study in Zhongshan City, Guangdong Province, China

ABSTRACTThis article examines community service provision for older adults under the context of contracting in Zhongshan City, Guangdong Province, China. Two street communities, which adopt different models of non-competitive contracting and competitive contracting, are used to show how community services are provided for older adults. Implications for the further development of community service contracting for older adults are discussed.

Coordinate the economic and environmental sustainability via procurement outsourcing in a co-opetitive supply chain

The increasing concern about sustainability prompts the original equipment manufacturers (OEMs) to make efforts for sustainable technology innovations, thereby attracting customer demand. However, the increased demand results in more resource consumption and hurts the environmental sustainability deterioration. In this paper, we coordinate the economic sustainability (because of the increased demand and profits) and the environmental sustainability (because of the reduced demand and resource consumption) through procurement outsourcing. We develop a co-opetitive supply chain consisting of an OEM and a competitive contract manufacturer (CM), where the OEM faces the strategic decisions of procurement outsourcing to the CM. In the sense of economic sustainability, we derive three interactive effects that make the OEM prefer procurement outsourcing when its market potential is either low or high. The main reason is that the OEM could drag down the competitive CM with a high component/material wholesale price. In the sense of environmental sustainability, we find that there exists incentive conflict between the economic and environmental sustainability because of the OEM’s priority of achieving economic sustainability. We further identify the “sustainable-effort-dilemma” to show that the coordination of economic and environmental sustainability is attainable when the OEM chooses procurement outsourcing.

Moving sequence preference in coopetition outsourcing supply chain: Consensus or conflict

In performing outsourcing tasks for original equipment manufacturers (OEMs), some competitive contract manufacturers (CCMs) develop enhanced production capabilities and begin to launch their own products. This gives rise to novel questions with respect to the moving sequence preferences of OEMs and CCMs and, particularly, whether they can reach consensus or will experience conflict. To capture these issues, we develop a model in which an OEM and its CCM compete through three game sequences: the simultaneous game, the CCM-as-leader game and the OEM-as-leader game. By comparing these games, we demonstrate that as the wholesale price increases, the OEM's preference shifts from moving first to moving simultaneously and then to moving last, while the CCM's preference shifts from moving first to moving last and then back to moving first in the case of a high outsourcing rate; these findings differ from most prior research results. Combining their preferences, we also obtain another distinctive insight that in both the CCM-as-leader game and the OEM-as-leader game, they can achieve consensus without concessions by either party under a high degree of cooperative manufacturing, moderate competition between channels and low market variation; however, in the simultaneous game, they always conflict with one another. Further, we find that the CCM, when moving first, may determine a lower production quantity than those in other games under the effect of coopetition, which contrasts with the conventional wisdom that the first mover gains the largest market share.

Combining predetermined and measured assembly time techniques: Parameter estimation, regression and case study of fenestration industry

Time estimation is an important element of the effort evaluation process, which is indispensable along many phases of business development from bidding for the competitive contract to design and production phases. In particular, the time estimates are useful in the resource planning process, especially when the precision of the provided estimates is quantitatively characterised. We propose in this work an approach that combines the techniques developed within predetermined time methods (such as MODAPTS and MINIMOST) with the statistical techniques that use the real data (collected along the stopwatch time measurements). Our approach allows to obtain not only time estimates themselves, but also the confidence intervals for them. This information helps the practitioner to decide whether provided time estimates (coupled with accuracy parameters) meet his criteria. The proposed approach can be used in time estimations for the project containing several operations of different nature, and the application of our methodology is discussed in detail for the case of fenestration industry.

Financial and structural impacts of quasi-marketization of the Helsinki Metropolitan Area’s bus services

This study describes the phases of quasi-marketization of the Helsinki Metropolitan Area’s bus services and analyzes the financial and structural consequences for purchasers and providers. Qualitative data was collected through interviews, a focus group, and extensive document reviews, while the quantitative data was received from a sub-regional authority and from the Finnish Patent and Registration Office’s database. According to our findings, even if the clear purchaser-provider split was a difficult and long process, the threat of competition and particularly the introduction of tendering resulted in reductions in contract prices. Bus operators started to compete for market shares and over the years of the quasi-market they lost their profitability and consumed their own assets. The quasi-market format could not provide equal terms of competition between municipal and private operators, resulting in all municipal and many small operators disappearing from the market. The market structure became more concentrated as the number of purchasers and providers fell. The quasi-market framework was initiated by the central government and it has been instrumental for local political decision-makers to increase the responsiveness of operators through competitive contracting.

Work-Time Identification and Effort Assessment: Application to Fenestration Industry and Case Study

Reliable quantitative description of the manufacturing process is indispensable for supporting the effective management of the company within current industrial reality. Time estimation is an important element of the effort evaluation process which is essential along many phases of business development from bidding for competitive contracts to design and production phases. In particular, the time estimates are useful in the resource planning process, especially when the precision of the provided estimates can be quantitatively characterized. We propose in this work an approach that combines the techniques developed within predetermined time methods (such as MODAPTS and MINIMOST) with the statistical techniques that use the real data (collected along the stop-watch time measurements). Our approach allows to obtain not only time estimates themselves, but also the confidence intervals for them. This information allows the practitioner to decide whether provided time estimates (coupled with accuracy parameters) meet his criteria. The proposed approach can be used fo time estimations in the projects containing several operations of different nature. The application of the proposed methodology is discussed in detail for the case of fenestration industry.

Culturally appropriate organization of water and sewerage projects built through public private partnerships.

This paper contributes to the pursuit of socially sustainable water and sanitation infrastructure for all people by discovering statistically robust relationships between Hofstede’s dimensions of cross-cultural comparison and the choice of contract award types, project type, and primary revenue sources. This analysis, which represents 973 projects distributed across 24 low- and middle-income nations, uses a World Bank dataset describing high capital cost water and sewerage projects funded through private investment. The results show that cultural dimensions explain variation in the choice of contract award types, project type, and primary revenue sources. These results provide empirical evidence that strategies for water and sewerage project organization are not culturally neutral. The data show, for example, that highly individualistic contexts are more likely to select competitive contract award types and to depend on user fees to provide the primary project revenue stream post-construction. By selecting more locally appropriate ways to organize projects, project stakeholders will be better able to pursue the construction of socially sustainable water and sewerage infrastructure.

Optimal Outsourcing Strategies When Capacity Is Limited

ABSTRACTOutsourcing the production of selected components to competitors is becoming more common among original brand manufacturers (OBMs); however, OBMs’ increased attention to outsourcing and the growing demand in many markets can result in capacity allocation conflicts for the contract manufacturers. In this study, we consider a scenario in which the OBM decides whether to outsource to a third‐party supplier or to a competitive contract manufacturer (CCM) who has the option of producing a competing product and also has limited capacity. This setting consists of two levels of competition: competition in the component market between the CCM and the spot market, and competition in the final‐product market between the OBM and the CCM. The CCM first chooses the wholesale price and decides whether or not to sell a competing product to the customers. Next, the OBM decides the proportion of its component demand to outsource to the CCM, and then firms set the retail prices. We are interested in investigating the impacts of the CCM's capacity and the impacts of these two levels of competition. We show that the OBM might multisource its component demand only when competition in the final‐product market is intense. We also find that when the CCM's capacity increases, demand may decrease, while the retail price may increase. Moreover, the CCM can be worse off from having more capacity, even when the CCM's capacity is available for free. Our results also show that demand may increase when competition in the final‐product market becomes more intense. Finally, we find that the value of having a third‐party supplier to produce the component decreases amid the intensity of competition in the final‐product market.