Principles Of Public Procurement Research Articles

Críticas al régimen diferenciado de contrataciones públicas

<p>Por causa del Mundial de Fútbol de 2014 y de los Juegos Olímpicos de 2016 en Brasil, el Congreso Nacional aprobó la ley 12.462/2011, que crea el Régimen Diferenciado de Contrataciones Públicas (RDC) con la finalidad de contar con un régimen de contratación eficiente. Desde 2012 el alcance del RDC se extendió por medio de diversas leyes a otras áreas y sectores públicos estratégicos, confirmando la tendencia de que el RDC pase a ser el modelo de licitación usualmente adoptado por la administración pública, en reemplazo al régimen de licitación general. Esa tendencia es preocupante porque, como se analizará en el presente artículo, el RDC trivializa principios fundamentales de la contratación pública, que son esenciales para el correcto funcionamiento de Estados democráticos constitucionales. </p>

Action research in procurement management; evidence from selected lower local government authorities in Tanzania

The aim of the paper was to show how opportunities provided by Action Research models could solve problems related to procurement management in three selected lower local government authorities in Tanzania. It builds on Marja Liisa Swantz’s participant research. Three phases of Action Research were adapted from Lewin’s spiral framework. Purposive technique was used to select members of Action Research groups for the lower local government authority. It was revealed that problems were mainly in planning, managing records, bid evaluation, knowledge on legal framework and contract management for works. Attitudes on transparency and accountability among actors were also not in line with principles of public procurement. Action plans developed were implemented and evaluated. Three components, i.e. research, actions and training were combined to improve procurement planning, records and contract management. There were remarkable improvements in planning, record keeping and contract management. Positive attitudes towards equality, transparency and accountability were also reported for villages which participated in Action Research. A need for integrating Action Research with lower local government authorities’ procurement activities is recommended. However, there are challenges such as building culture of self assessment, frequent transfer of personnel to other government departments and the temporary nature of village project committees.

Los principios de la contratación administrativa: el acuerdo de asociación Chile-Unión Europea

Se examinan los principios de la contratacion publica presentes en el Acuerdo de Asociacion celebrado entre Chile y la Union Europea. La igualdad de los oferentes, la transparencia y libre concurrencia son principios que determinan el Acuerdo y pretenden garantizar contrataciones publicas ajustadas a derecho.

IMPACT OF EU-UKRAINE ASSOCIATION AGREEMENT ON ANTI-DISCRIMINATION PROVISIONS OF THE UKRAINIAN PUBLIC PROCUREMENT LAW

IMPACT OF EU-UKRAINE ASSOCIATION AGREEMENT ON ANTI-DISCRIMINATION PROVISIONS OF THE UKRAINIAN PUBLIC PROCUREMENT LAW

A systematic framework for infrastructure development through public private partnerships

Public–private partnerships (PPPs) play an important role in bringing private sector competition to public monopolies in infrastructure development and service provision and in merging the resources of both public and private sectors to better serve the public needs. However, in worldwide practices, there are mixed results, substantial controversy, criticism and conflict over PPPs. This paper proposes a systematic framework for the delivery of public works and services through PPPs in general. Justified by public procurement principles, aimed at a public–private win–win solution, and based on worldwide best industrial practices and lessons from unsuccessful projects, this framework integrates the four broadly divided stages that repeat over time: (1) design of a workable concession, (2) competitive concessionaire selection, (3) financial regulation, and (4) periodic reconcession and rebidding. The four-stage framework takes into account the requirements of public services, realignment of responsibility and reward among multiple participants in PPPs, the monopolistic rights of the concessionaire, and the wide range of risks and uncertainties in the long concession period. Varying competition elements are incorporated in each of the four stages for continuous performance improvement in the delivery of public works and services. The design of the right concession forms the base on which other stages are implemented in addition to planning the project and allocating risks for enhanced efficiency. The financial regulation allows the government to address changing conditions and to regulate the concession for efficient operation with due discretion, whereas the competitive concessionaire selection and periodic reconcession and rebidding play critical roles in achieving innovation, efficiency and cost effectiveness through direct competition rather than government discretionary intervention.

Public Finance Expenditure And Awarding Work To External Contractors - Case Of Slovenia

The research project “Awarding Work to External Contractors” studied the practice of implementing public contracts in a significant selection of Slovenian local government bodies. Public procurement has become a permanent accompaniment to the business of central and local government and other public law persons with the private sector, and now goes beyond Slovenia’s borders. The public procurement system aims at dynamism, with the possibility of a rapid response to the needs of those using public funds. The principles of public procurement and its legal basis mean the system is rigid and complex, by its nature.

Improving Concessionaire Selection Protocols in Public/Private Partnered Infrastructure Projects

A critical contributor to the success of a public/private partnered (PPP) infrastructure project is the selection of the right private-sector partner, the concessionaire, who would provide the best overall deal throughout the build-operate-transfer (BOT)[build/operate/transfer] development process. This paper proposes a core concessionaire selection protocol that incorporates public procurement principles, best-value selection approach, competitive selection process, and multicriteria tender evaluation. Key pointers for an improved concessionaire selection protocol are discussed and analyzed by drawing experience and learning lessons from worldwide PPP practices. These include improved project brief and tender documents, formulation of a best-value selection methodology, determination of suitable criteria and methods for prequalification and tender evaluation, capital structure (equity-to-debt ratio), financial models, and potential improvements in different stages of the concessionaire selection process. Relevant results of a questionnaire survey of international PPP expert opinions on an enhanced concessionaire selection protocol are also presented.