Framework For Public Procurement Research Articles

ENHANCING THE LEGAL FRAMEWORK FOR SUSTAINABLE PUBLIC PROCUREMENT: A COMPREHENSIVE SUSTAINABLE DEVELOPMENT PLAN FOR INDONESIA

The concept of “sustainable public procurement” has emerged worldwide. It instructs governments to prioritize sustainability throughout the procurement process in the economic, social, and environmental aspects. Such a concept is significant as the government has an enormous purchasing power to stimulate the market. Nonetheless, past empirical research indicates that in the context of Indonesia, the country has not addressed several vital issues on sustainable public procurement despite the worsening environmental degradation. There have been no specific guidelines and capacitybuilding system established for government officers. Therefore, this paper aims to discuss this problem from the perspective of law and suggest the necessary improvements in the legal framework, utilizing normative legal research methods focusing on the applicable laws. Through a comparative approach, using statutes and conceptual frameworks, this study examines the Indonesian current legal instruments governing sustainable public procurement. Several other countries will be used as exemplars of best practices. This research finds that the legal framework of sustainable public procurement in Indonesia is relatively inadequate compared to other countries, particularly regarding guidelines for implementation and institutional cooperation. In addition to its Presidential Regulation Number 12 of 2021, Indonesia should strengthen the planning, monitoring, and enforcement mechanisms through strategic overarching plans and further regulations to foster the effective implementation of a system of sustainable public procurement.

Utility of Scenarios in Understanding Public Procurements Conducted in Theatres of Operations

Currently, operational logistics is a significant challenge: to resupply Romanian forces located in various theatres around the world. Involvement in an international mission is contingent not solely on the mission’s nature or the structures of the assumed forces but also on the requisites and logistical capabilities for supplying goods and services within the designated area. The international security environment is challenging. Political tension, military conflicts and economic problems have intensified security concerns. In this context, organizing the procurement processes efficiently is a major preoccupation for specialists. Moreover, the legal framework for public procurement opens up room for different issues. Given the multinational context and specific procurement regulations, the execution of procurements within operational theatres is exposed to distinct challenges compared to those encountered in the national territory. In this complex and ambiguous environment, understanding the legal means of addressing challenges in the procurement field is desirable. Moreover, considering the importance of procuring goods and services to achieve the mission goal, a proficient procurement specialist is a crucial asset. In this regard, the main objective of this study is to demonstrate that Scenario-Based Learning could be transformed into a useful tool for preparing future specialists in procurement.

Utilitatea metodei scenariului în înțelegerea achizițiilor publice derulate în teatrele de operații

Currently, operational logistics is a significant challenge: to resupply Romanian forces located in various theatres around the world. Involvement in an international mission is contingent not solely on the mission’s nature or the structures of the assumed forces but also on the requisites and logistical capabilities for supplying goods and services within the designated area. The international security environment is challenging. Political tension, military conflicts and economic problems have intensified security concerns. In this context, organizing the procurement processes efficiently is a major preoccupation for specialists. Moreover, the legal framework for public procurement opens up room for different issues. Given the multinational context and specific procurement regulations, the execution of procurements within operational theatres is exposed to distinct challenges compared to those encountered in the national territory. In this complex and ambiguous environment, understanding the legal means of addressing challenges in the procurement field is desirable. Moreover, considering the importance of procuring goods and services to achieve the mission goal, a proficient procurement specialist is a crucial asset. In this regard, the main objective of this study is to demonstrate that Scenario-Based Learning could be transformed into a useful tool for preparing future specialists in procurement.

Promoting local food systems through public procurement in the European Union

An attempt is made in this article to determine the possible role of strategic public procurement in the promotion of local food systems. The question asked is whether the principles of competition law that regulates the EU’s single market, fully applied in the framework of public procurement, stand in confrontation with the promotion of local food systems. It has been shown that local food systems can be a valid strategical clause included in public procurement procedures, as they enhance various social and environmental general interests that provide consumer’s welfare by improving competition. The local food clause should be defined in the public procurement procedures without reference to a specific administrative territory, whether national or regional and be proportional and suitable to secure the attainment of the general interests’ objectives.

Sustainability takes centre stage in public procurement

This article delineates how a shift in the priorities of EU laws can change public procurement’s current centre of gravity from its fixation on the lowest price to that of a more balanced consideration of different societal goals. There is an acknowledgement that public money can meaningfully contribute to support for social justice and the fight against climate change and environmental degradation. To this end, the present EU legal framework, together with more advanced experiences in Italy and in a few other EU Member States, are illustrated before an analysis of the many initiatives currently under consideration by the EU law makers as per the European Green Deal and the Sustainable Products Initiative. The article then highlights the need to reconsider the theory of public procurement law and practice as well as the current EU legislative framework for public procurement (and concessions).

Climate Change Considerations in Public Procurement and Concessions in Bulgaria (Part I)

This article is the first part of a wider study on the climate change aspects in Bulgaria’s regulatory and policy framework for public procurement and concessions. In Part I, the authors first define, then review climate change and its potential effect on public procurement, including concessions. The present article outlines the expected climate changes in Bulgaria for the next 50 years and provides an overview of national climate change strategies and action plans that could affect procurement. As part of the analysis, we refer to relevant legal instruments at national, international and European Union (EU) levels, and consider their respective potential to accommodate the shifts in weather patterns and changes in temperatures. The Bulgarian procurement and concessions legislation is reviewed with reference to relevant EU procurement directives. Part I of the study focuses on climate change as an element of the wider category of environmental considerations, at the preparation stage of a typical whole-cycle procurement model. In the conclusion of the present article, the authors briefly outline the research agenda of the upcoming Part II. Keywords: climate change; environment; procurement; concessions; Bulgaria

Developing a harmonic sustainable public procurement framework

Sustainability is aimed at addressing the environmental and socio-economic issues of this generation and future ones. In this context, sustainable public procurement (SPP) has been proposed to link the consumption side (government) to the production side (companies), whilst addressing the four dimensions of sustainability (economic, environmental, social, and time). This paper undertakes an analysis, through hermeneutics, of four sets of system elements of SPP: (1) demand-offering, which includes products, services, and their combination; (2) procurement specifications (technical, non-technical, and socio-cultural); (3) stakeholder interactions; and, (4) research disciplinary approaches. The analysis shows that despite most SPP efforts focussing on demand-offerings or specifications, there have been some framework proposals aimed at explaining the complexities and interactions between the system elements. Additionally, most research on SPP has been carried out through single disciplinary approaches. The paper proposes the Harmonic SPP framework, which integrates the demand-offering, specifications, stakeholder interactions, disciplinary approaches, and the four sustainability dimensions, where the harmonisation of their interrelations is sine qua non. The Harmonic SPP framework is aimed at providing a more holistic perspective to SPP and thus fostering more effective and efficient SPP research and implementation.

THE POSSIBILITY OF USING THE STANDARDIZATION SYSTEM IN THE DEVELOPMENT OF LOCAL CONTENT IN PUBLIC PROCUREMENT

The purpose of the study is to identify problems of ensuring the quality of goods and works purchased within the framework of public procurement and to develop recommendations for their solution, as well as the development of local content in them. Methodology – various methods of general scientifi c cognition, comparative analysis, methods of economic statistical and legal analysis were used in the course of the study. Originality/value of the study – the results of the study can be used in amendments and additions to legislative and regulatory acts regulating activities in the fi eld of public procurement, construction and standardization. The results of the study – a literary review of the research directions was conducted; a comparison of budget expenditures in the context of procurement items was provided, activities to ensure the quality of work performed within the framework of public procurement were disclosed; the possibility of using a standardization system to increase the share of local content in public procurement was determined, appropriate proposals for improving the public procurement system were developed.

Public Procurement Concept as A Path Dependence Result

The rationale and conditions for transformation of a coordination mechanism in public procurement in Russia from market to redistribution, based on the quasi-market technology, are outlined. The authors view modernization of the economic framework of public procurement as an outcome of institutionalizing the rational conduct principles under the influence of such factors as public production conditions and path dependence. The paper describes transformation of the main elements of the machinery for financing public procurement associated with changing the institutional management structure towards support for the “best quality at an affordable price” principle. Alternatives of transaction managements in the financing system of supplying products for public needs are reviewed: from centralized planning in the USSR to the mixed economy in the today’s Russia. A comparative analysis based on the typical features of the market mechanism for transaction coordination justifies the quail-market nature of public procurement technologies in the Russian Federation. Arguments are given for procurement technology dynamics as returning to redistributive transaction coordination that facilitates transformation of public procurement from an economic-structure neutral into a proactive mechanism geared to form new economic orders. A sequence of tasks is given in order to execute the procurement concept in terms of institutional methodology as well as the prospects for developing a system of public procurement as a mechanism of proactive budgeting policy under bilateral economic sanctions that means de-liberalization of international economic relations. Public contractual system is a factor that is gradually restoring an ability to play a stabilizing and stimulating role in order to support the growth of national production and innovations by employing the taxpayer’s money to attain the national strategic development goals

Електронна система «Prozorro» як революція в системі публічних закупівель в Україні

The article is devoted to the coverage of the electronic system "Prozorro" as a means of forming an effective and transparent system of public procurement in Ukraine. The main worldview approaches to the definition of public and public procurement are studied. The legal framework of public procurement in Ukraine is analyzed. The reasons for the creation of "Prozorro", the main provisions of this system and the conclusion about its positive impact on public procurement are identified. It is concluded that the main purpose of the introduction of "Prozorro" is to create an effective, transparent and open system of public procurement in Ukraine, which will bring our country closer to EU accession.

Factors influencing public procurement during disasters: the cases of Chile and New Zealand

Purpose This paper aims to explore public procurement frameworks during disasters in Chile and New Zealand, identifying the factors that affect government procurement performance in disaster response. Design/methodology/approach This research adopted a case study methodology following a qualitative approach. Semi-structured interviews were conducted with government officers from Chile and New Zealand who had practice-relevant knowledge of public procurement and disaster management. Data was complemented by document reviews, including government reports and the records of disaster management organizations. Findings This paper finds public procurement to be negatively affected by several factors during disasters, including celerity and flexibility of response; market and supplier restrictions; pressures over procurement teams; centralism of procurement structures; lack of technical knowledge; competition and crossover of agreements; corruption; and price variations. Practical implications This paper includes policy recommendations on how to increase the effectiveness of disaster management and public procurement systems in countries at high risk of earthquakes and other disasters. Social implications This paper can help public procurement officers to provide a better response during disasters, supplying the goods and services required to the affected population in a timely and effective manner. Originality/value This paper addresses a gap in research by identifying factors which negatively impact government procurement and response during a disaster.

Liability for Violations in the Conduct of Competitive Procedures in the Framework of Public Procurement

The article explores the features of the application of responsibility in the implementation of procurement for state and municipal needs. Based on the analysis of the principles and norms of law, scientific literature and law enforcement practice, the author considers the place of responsibility for violations during specific procedures. The conclusion is formed that the application of the provisions on liability for causing harm to this type of liability is justified.

EL RÉGIMEN DE LOS CONVENIOS PARA EL FOMENTO DE ACTIVIDADES DE CIENCIA, TECNOLOGÍA E INNOVACIÓN

The following paper aims to analyze the legal framework of public procurement for the development of activities related to science, technology and innovation. Through legal research methods, the paper proposes a systematic analysis of the legal framework recurring to normative, jurisprudence and doctrinal sources. It will be held that the contractual legal framework has two main features. On one hand, is special because it is an exception for direct awarding in the Colombian public procurement system. On the other, it is a regulated framework, meaning that the legal system defines in detail the object, essential aspects and typology of the contracts and award in this regard. DOI: http://dx.doi.org/10.21017/Rev.Repub.2021.v30.a98

A STUDY OF THE EVOLUTION OF THE FORMATION AND DEVELOPMENT OF GOVERNMENT PROCUREMENT IN UKRAINE

Abstract. The paper studies the historical and legal background of the formation and development of government procurement in Ukraine. It analyzes the essence and significance of public procurement for the effective development of budgetary enterprises, institutions and organizations in different historical periods. It has been established that public procurement took various forms long before the independence of Ukraine. State orders are considered in the context of the broader problem of state regulation of the economy, namely one of the most serious and ambiguous economic problems is the rational interaction of the state and the market system in the process of public procurement. It is substantiated that a full-fledged national economy largely depends on how transparent and economically justified public expenditures on the maintenance of institutions financed from the state budget. Detected that one of the most promising ways to implement the concept of rational and efficient use of budget funds is the widespread introduction of a single structured system in the procurement of goods, works and services for public needs, based on competition, transparency, non-discrimination and decentralization. The paper reviews specifics of legislative regulation of public procurement in the relevant periods. The stage of transition of the system of centralized production planning, distribution of material and technical resources, the function of the state order as an absolute state regulator in the production of products and services to the means of meeting the needs of material resources, products, works and services of consumers supported by the state budget. It identifies the main differences in the approaches to understanding the essence of public procurement. The paper provides a detailed description of the influence of factors and circumstances on the development of the legal framework of public procurement. It determines and substantiates government procurement development periods. The paper analyzes the negative effects of omissions and non-finalization of the legal framework of each respective period. It studies the methods of and reasons for changing the terminology in the formation of the conceptual apparatus of the modern legal framework. Conclusions on changes, additions and adjustments to the legal framework of public procurement are provided. The paper assesses the main differences between the adopted public procurement laws. Keywords: government procurement, public procurement, tender, government contracts. Formulas: 0; fig.: 0; tabl.: 2; bibl.: 10.

Small states, high stakes - a policy proposal to deliver welfare via public purchasing

The article shows how and to what extent Caribbean British Overseas Territories (BOTs) can adopt social award criteria in public procurement. In the past decade, BOTs have experienced economic distress, political misdemeanours and rising perceptions of corruption. Lacking public procurement experience, how can these small, remote and socially unequal territories make the most of UK-led reforms? The article proposes inserting social award criteria in Caribbean BOTs' public procurement frameworks using a three-phase roadmap based on inspecting its potential, checking the legal framework and implementing the policy via legislative amendments and guidance. Experiences in the EU, the UK and the Latin America and Caribbean region show successful results, primarily in small communities at the local level. The methodology used is desk-based research leading to a worldwide survey of successful practices and a legal and policy analysis of its application to Caribbean BOTs.

A Method for Assessing Threats to the Economic Security of a Region: A Case Study of Public Procurement in Russia

The issue of economic security is becoming an increasingly urgent one. The purpose of this article is to develop a method for assessing threats to the economic security of the Russian region. This method is based on step-by-step actions: first of all, choosing an element of the region’s economic security system and collecting its descriptive indicators; then grouping indicators by admittance-process-result categories and building hypotheses about their influence; testing hypotheses using a statistical package and choosing the most significant connections, which can pose a threat to the economic security of the region; thereafter ranking regions by the level of threats and developing further recommendations. The importance of this method is that with the help of grouping regions (territory of a country) based on proposed method, it is possible to develop individual economic security monitoring tools. As a result, the efficiency of that country’s region can be higher. In this work, the proposed method was tested in the framework of public procurement in Russia. A total of 14 indicators of procurement activity were collected for each region of the Russian Federation for the period from 2014 to 2018. Regression models were built on the basis of the grouped indicators. Ordinary Least Squares (OLS) Estimation was used. As a result of pairwise regression models analysis, we have defined four significant relationships between public procurement indicators. There are positive connections between contracts that require collateral and the percentage of tolerances, between the number of bidders and the number of regular suppliers, between the number of bidders and the average price drop, and between the number of purchases made from a single supplier and the number of contracts concluded without reduction. It was determined that the greatest risks for the system were associated with the connection between competition and budget savings. It was proposed to rank analyzed regions into four groups: ineffective government procurement, effective government procurement, and government procurement that threatens the system of economic security of the region, that is, high competition with low savings and low competition with high savings. Based on these groups, individual economic security monitoring tools can be developed for each region.

СОВРЕМЕННАЯ СИСТЕМА ГОСУДАРСТВЕННЫХ ЗАКУПОК РОССИЙСКОЙ ФЕДЕРАЦИИ: ОСНОВНЫЕ ПРОБЛЕМЫ И ИХ РЕШЕНИЕ

The article is devoted to topical problems of the development of public procurement in the Russian Federation. Attention is paid to the legal framework of public procurement to assess possible ways to improve them. The analysis of the current situation in the field of public procurement control with the formulation of problem points was carried out. The main directions of the struggle of state authorities against corruption in the sphere of public procurement are outlined. Proposals have been formulated to improve the existing contract system.

THE DRAFT PUBLIC PROCUREMENT BILL: ENCROACHING ON THE LEGISLATURE AND LOCAL GOVERNMENT

This paper examines the provisions of the 2019 draft public procurement bill through the constitutional lens of principles concerning the separation of powers and spheres of government. It will be seen that the bill sets out to delegate constitutionally ordained law-making and oversight powers to the executive, whilst bestowing a wide and unguided discretion upon the executive to establish a framework for preferential public procurement. The role of Provincial Treasuries is also unclear in the bill and may facilitate the usurpation of local government powers in practice. The impact of the bill on local government thus requires further consideration with deference to the above-mentioned constitutional principles.

INFLUENCE OF STRATEGIC E-PROCUREMENT PRACTICE ON PERFORMANCE OF DEVOLVED SYSTEMS OF GOVERNMENT IN KENYA

Purpose: The purpose of this study was to establish the influence of strategic e-procurement practice on performance of Devolved systems of government in Kenya.
 Methodology: The study adopted cross-sectional survey design using both quantitative and qualitative approaches. The target population was all the 47 devolved systems of government. The sample size was the 10 counties namely; Garissa, Kisii, Nyamira, Narok, Marsabit, Murang’a, Bomet, Nairobi, Kiambu and Homa Bay specifically employees working under finance and procurement department. The study adopted stratified random sampling to pick 186 respondents from finance and procurement department. Data was collected by using questionnaires Descriptive and inferential statistics was used aided by Statistical Packages for Social Sciences version 24 to compute percentages of respondents’ answers. Hypothesis testing was carried using multiple regression analysis and standard F tests. The results were presented using tables.
 Results: The study findings revealed that Strategic e-procurement practice explained 49.6% of the total variations in performance of devolved systems of government in Kenya. Further, results indicate that the overall model was statistically significant as supported by a p value of 0.000. This was supported by an F statistic of (F=155.245, p<0.05) and the reported p value (0.000) which was less than the conventional probability of 0.05 significance level. The standardized regression coefficient for Strategic E-procurement was 0.704. This indicates that a unit increase in the Strategic E-procurement would result in 70.4% increase in the performance of Devolved systems of government in Kenya this implied that there is a strong positive relationship between Strategic E-procurement and performance of Devolved systems of government in Kenya .
 Unique contribution to theory, practice and policy: Based on the findings, the study recommends that devolved systems of government should adopted e-procurement system and automate all procurement operation procedures to enhance smooth work flow and hence improve efficiency the study further recommends that Devolved systems of government should adopt e-procurement for various uses such as in the standardization of services for representation in the catalog, sourcing goods and services globally, as way of reducing costs in areas such tendering processes, payment and contract management. But management should be aware and cautious that e-procurement is capital intensive in terms of acquisition and laying down the required infrastructure and highly perishable. Thus the study recommends that strategic e-procurement practice should be implemented within the legal framework of public procurement acts and regulations because it moderate has positive correlation with the performance of Devolved systems of government in Kenya. The findings are in harmony with technology acceptance model which suggest that emerging technologies cannot improve organizational effectiveness and performance if the change has not been accepted by the users. Therefore first it’s crucial for the users to accept the new technology (e-procurement) so as to reduce administrative costs, possible broadening of suppliers’ base, and easy access to preferred goods. In conclusion technology acceptance model can be used by future scholars.

Бюджетно-налоговый маневр в сфере публичных закупок

The article focuses on the priority of the norms of financial and legal regulation in public procurement, allowing not only to realize the true goals and objectives of public procurement, but also to ensure a balance of public and private interests. The author’s position on the development of competition and targeted support for domestic producers through the use of fiscal maneuver in public procurement is presented. According to the results of the study, it was proposed to legally secure the possibility of using a single tax account of a legal entity in the framework of public procurement in order to implement a budget and tax maneuver.