Procurement Contracts Research Articles

Malignant hyperthermia safety - A nationwide survey of publicly funded Swedish healthcare.

Malignant hyperthermia (MH) is a rare pharmacogenetic disorder that can lead to a life-threatening reaction during general anaesthesia with triggering agents. Prompt life-saving treatment includes the immediate administration of the antidote dantrolene. This study investigated Swedish healthcare providers' awareness and adherence to guidelines and recommendations with respect to MH and whether adherence to safe MH-praxis varies with hospital care-complexity level and private versus public management form. Agreements and procurement specifications between all 21 Swedish County Councils and privately run surgical care providers were reviewed alongside with questionnaire-aided collection of information from 62 publicly funded health care providers (both privately and publicly run). No procurement requirement specification or contract contained requirements on anaesthesia or aspects of MH. All publicly run hospitals stocked dantrolene and 28 out of 52 (54%) stocked the recommended amount. Seven out of nine (78%) of the privately run institutions stocked dantrolene, and one stocked the recommended amount. Publicly run hospitals adhered to recommendations to a greater extent than privately run institutions, both with respect to stocking of dantrolene (p = .02) and to stocking the recommended amount (p = .03). Contracts between Swedish county councils and private surgical care subcontractors rarely outline expectations of standards for the safe practice of anaesthesia such as preparedness to handle a life-threatening MH reaction. Among Swedish publicly funded anaesthesia providers there is room for improvement in adherence to the EMHG guideline on dantrolene availability. Publicly run hospitals seem to have better compliance with these recommendations than privately run institutions. Raising awareness about current guidelines is important to improve safety for known and unknown MH-susceptible individuals.

Effect of Procurement Contract Management Practices on Performance of Public Institutions. A Case of Integrated Polytechnic Regional College (IPRC) Musanze, Rwanda

The general objective of this research was to examine the effectiveness of procurement contract management practices on performance of public institutions in Rwanda. The specific objectives of the study were to assess the effect of contract cycle on performance of Integrated Polytechnic Regional College (IPRC) Musanze, analyze the effect of contract execution on performance of Integrated Polytechnic Regional College (IPRC) Musanze, examine the effect of contract relationship management on performance of Integrated Polytechnic Regional College (IPRC) Musanze and assess the effect of contract monitoring on performance of Integrated Polytechnic Regional College (IPRC) Musanze. This study utilized descriptive and correlation analysis as its primary research methods. A descriptive study also was used to describe the participants’ demographic information. A correlational analysis also was performed. The researcher was able to identify the relationship among contract management and performance of public institutions through a correlation study. The study population for this study was 72 Staffs of IPRC Musanze including Principal, Deputy Principal in Charge of Academics and Training, Corporate services Division Manager, Legal officer, Internal auditor, Logistics officer, Store keeper, Procurement Officer, Administration & Finance department, Workshop Assistants (End users), Instructors (End users), Receiving committee, Contract management team and public tender committee. Given the limited number of individuals or units in the population under study, the researcher has chosen to use a census inquiry method rather than sampling. Documentary, interview and questionnaire sources used as tools of data collection for the study. Questionnaires were distributed to 72 employees of IPRC Musanze. Using SPSS, the researcher determined descriptive statistics such as frequency distributions, percentages, means, and correlations. The correlation results show that a strong contract cycle exhibits highly significant positive correlation with the Performance of public institution (r=0.668, p=0.000<0.05). Effective Contract execution is significantly correlated with Performance of public institution (r=0.627, p=0.000<0.05). Contract relationship significantly correlates with Performance of public institution (r=0.699, p=0.000<0.05). Contract monitoring demonstrates a significant positive relationship with the Performance of public institution (r=0.699, p=0.000<0.05). The findings show that contract execution shows the highest effect (β1 = 0.264, t=2.760), followed by contract monitoring (β2= 0.239, t=2.069), contract cycle (β3= 0.232, t=1.884), and relationship (β4=0.212, t=1.592). IPRC Musanze should strengthen performance through enhanced contract cycles, execution, relationships, and monitoring, while focusing on sustainability and technology integration.

The Influence of Demand-Based Policy Instruments on Urban Innovation Quality—Evidence from 269 Cities in China

Enhancing the quality of urban innovation is a powerful strategy for advancing urban sustainability. A strong public innovation policy is a crucial building block for advancing urban innovation quality. This study identifies innovative procurement instances from over 640,000 public procurement contract data through textual analysis to investigate how urban innovation quality could benefit from demand-based policy instruments. The study’s findings indicate the following: (1) It provides evidence that the adoption of public innovation procurement has a significant impact on urban innovation quality, suggesting an inverse U-shaped relationship between the two. (2) Heterogeneity analysis reveals public innovation procurement stimulates urban innovation quality more remarkably in cities with provincial status and provincial capitals, as well as in eastern cities. (3) We discovered that it is not possible to increase the quality of urban innovation in the city when human capital in the city is performing poorly and when there is also a lack of external technology and entrepreneurial activity. Finally, this paper argues that our findings also provide important insights for the development of proactive innovation policy instruments, the construction of innovative cities, and the realization of sustainable development in countries around the world, especially in developing countries.

Features of state regulation of defense procurements

The article is devoted to the consideration of state regulation in the field of public procurement, in particular in the defense-industrial complex. The main law defining the basic principles and mechanisms of procurement is the Law of Ukraine «On Public Procurement». However, during the period of martial law, many changes were made in the procedures and mechanisms of public procurement, changes were already made more than once, through the adoption of separate laws and by-laws. The article analyzes the peculiarities of the application of public procurement mechanisms in certain sectors of the economy, in particular the defense-industrial complex. The necessity of modernization and improvement the procurement procedures for successful and effective compliance with the principles of competition and overcoming corruption, and other principles stipulated by legislation, is argued. Mechanisms for conducting procurement procedures are analyzed as one of the key elements of increasing the effectiveness of state economic policy, which is based, in particular, on the principles of fair competition, openness and transparency, non-discrimination of participants, objectivity and impartiality of evaluation of tender offers.
 It is substantiated that it is important to borrow international procurement experience to ensure compliance of national legislation with EU legislation. The issue of ensuring the appropriate level of defense capability of Ukraine in the conditions of countering full-scale military aggression on the territory of Ukraine by the Russian Federation is quite acute. A pressing challenge now is to ensure the rational spending of budget funds and the effective functioning and development of the state defense procurement system. It has been proven that the mechanism for the redistribution of budget funds should have the most transparent order of organization and the order of execution of the concluded procurement contract, which in the case of defense procurement involves reducing the number of closed procurements, excessive secrecy, increasing competitive procedures in the procurement of imported products and services, further improving pricing, canceling profit limits, accounting for inflation and life cycle cost.
 It is argued that consideration of physical, economic and informational security requirements is extremely important. It is about compliance with the principles of protecting customers from military threats, ensuring the simplification of public procurement by reducing the terms of the procurement procedure and simplifying the requirements for procedure participants, the effectiveness of the procurement process and the efficiency of the use of funds, primarily through the involvement of domestic entrepreneurs in tenders and ensuring the development of the domestic market, stability and defense capability.

The Impact of Employee Proficiency on Tanzanian Procurement Contract Management; Evidence from Higher Learning Institutions

The impact of employee proficiency on Tanzanian procurement contract management; Evidence from higher learning institutions. Interviews, documentary reviews and questionnaires were used as the methods of data collection. The Statistical Package for Social Sciences (SPSS) computer software version 22 was used specifically for the purpose of analyzing the quantitative, while qualitative data were analyzed through content analysis. The findings revealed that an employee should be committed and well-skilled and also that an employer should train their staff on different issues related to procurement contracts management, assigning these tasks to the employees who are experienced enough, as all this leads to effective procurement contracts management. Staff competency has a significant positive influence on performance in procurement contracts management. The more the staff become competent in managing procurement contracts, the more the performance is improved. This indicated that staff are the key factors that will enable the organization to achieve its procurement contractual goals. It was discovered that many staff attended various training and seminars offered by regulators like Public Procurement Regulatory Authority (PPRA) and other professional bodies like the Procurement Supplies Professional and technician Board (PSPTB), therefore it was their fault that affected the effective management of procurement contract in Tanzania higher learning institutions. The study recommended that there must be regular training on procurement contract management for the public staff. The public sector should ensure that their employees are well-trained and educated on procurement contract management issues as it will enable the organization to have employees who will formulate and execute procurement contracts effectively and enable the organization to improve its procurement performance. Higher learning institutions should ensure their procurement officers receive procurement training frequently as needs arise due to frequent changes in procurement policies, procedures or laws. Higher learning institutions should train their employees to increase their skills in the interpretation of the contract. It is considered that well-experienced personnel in contract management are likely to perform great and enable the organization to perform well in contracts.

The Effect of Procurement Practices on the Public Project Performance: The Case of North Showa Zone, Oromiya Region, Ethiopia

The overall objective of this study was to assess the effects of procurement practices on the performance of public projects in the case of North Shoa Zone. The specific objectives of the study were, to find out the effects of procurement planning, supplier selection process, procurement contract management and procurement staff competency on the performance of projects. The study took a quantitative research approach and explanatory research design. A census sampling technique was employed to select 114 employees related to project procurement practices and project management as respondents. All of the questionnaires were submitted back for analysis, representing a response rate of 100%. A structured questionnaire was administered to collect data from the respondents. The data was finally analyzed using Statistical Package for Social Sciences (SPSS) V.28 to compute descriptive statistics such as the mean and standard deviation and inferential statistics like Pearson’s correlation analysis to obtain findings vital for the research study. In addition, regression analyses were conducted to estimate the average effects of procurement practices on public project performance. Majority of the respondents indicated that procurement practices affect project performance to a large extent. The regression analysis result indicated that procurement planning, supplier selection process, procurement contract management, and procurement staff competency had significant positive influence on performance of projects. The analysis further revealed that the four independent variables in this study accounted for around 68 % of change in project performance. It therefore recommended that implementing procurement practices effectively helps to improves projects performance.

Exploring the Legal and Contractual Impediments in BIM-based Application: A Systematic Literature Review

Building information modelling (BIM) has been theoretically proven to enhance the integration of design, construction, and operation processes, hence improving the holistic delivery of a construction project. Despite the many initiatives provided by the government across various countries to increase the uptake of BIM in project implementation, previous studies have discovered the many barriers to successfully applying BIM, among which are legal and contractual issues. Hence, the present study explores and reviews the current legal and contractual impediments that have restricted BIM-based applications in the construction industry. Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) were employed as a standard protocol for reviewing the current research in the existing literature. The overall search process resulted in a total of 44 articles, which were then thematically analysed to disclose the findings. The review derived eight key aspects, namely procurement method, contract documentation, time and cost, quality, coordination, liability, security and law and regulation and their respective subcomponents as the basis of legal and contractual impediments that could challenge the success of BIM application in construction projects. The study extends the existing knowledge of BIM application and the implications arising from its utilisation and offers some practical insights for design and construction practitioners to improve their roles, obligations, and compliance with BIM contractual requirements. Several recommendations are also made for future research on BIM functionalities for contract administration.

Transparency and Monitoring of Public Procurement Contract Performance

This study analyzes the monitoring of public procurement contracts’ performance in six countries under EU public procurement rules: Finland, Portugal, Slovenia, Italy, Hungary, and Serbia. Through an in-depth comparative analysis, we explore the nexus between perceived corruption in these countries and the contract performance monitoring systems established or in the making. The analysis centers on four key aspects: the organizational framework, the redress system, the IT infrastructure, and the level of data publicity in each country’s procurement landscape. Expert evaluations conducted by national specialists unveil which countries pay less attention to public contract performance monitoring and transparency. Our findings indicate that countries facing higher corruption rates tend to place greater emphasis on transparency and contract performance monitoring. Moreover, countries greatly differ in their organizational setup, objectives, and monitoring tools, including IT adoption. The insights derived from this study can influence policy and reform efforts focused on the contract phase of public procurement, leading to a more accountable and efficient procurement landscape across Europe.

Characteristics of Tenders As A Pre-Contract Stage for the Procurement of Goods and Services

Tendering in procuring goods and services is a crucial early stage in forming a fair procurement contract. This study aims to analyse the characteristics of tenders as a pre-contract stage of public procurement of goods and services. This research uses a qualitative research method with a descriptive approach. A literature study carried out the data collection technique in this research. The data that has been collected is then analysed in three stages, namely data reduction, data presentation, and conclusion drawing. The results showed that the characteristics of tenders as a pre-contract stage of government procurement of goods and services include competitive, fair, transparent, efficient, and effective. These tender characteristics are essential to consider in procuring government goods and services to produce quality goods and services providers who can carry out work correctly and on time

Legal Certainty Against Termination of Government Goods/Services Procurement Contracts By Acts of Government Administration, Commitment Making Officials

Problems in unilateral contract termination by Commitment Making Officials in Government Procurement of Goods/Services. There are no express provisions in the laws and regulations or Presidential Regulations. The consequence that arises is that terminating the contract creates legal uncertainty. This dissertation analyzes the implementation of terminating contracts for the procurement of government goods/services by acts of government administration and analyzes and finds legal certainty for terminating contracts for the procurement of goods/services if there is a dispute between the Commitment Making Official and the provider of goods/services, the Commitment Making Official. The research method used in this research is normative juridical with research specifications namely analytical descriptive. The results research show that the implementation of terminating contracts for the procurement of government goods/services by the actions of the government administration officials who made the commitment resulted in the emergence of legal uncertainty. Based on Article 93 paragraph 1 of Presidential Regulation Number 4 of 2015 concerning the Second Amendment to Presidential Regulation Number 54 of 2010, the legal consequences of contract termination do not yet reflect the principle of proportionality, because the determination of sanctions is only unilateral, borne by the Service Provider. Meanwhile, the determination of sanctions against Service Users if the PPK commits an error/negligence is not clearly regulated either in the contract agreed upon by the parties, or regulated in the provisions of statutory regulations.

Public Procurement price variance in Kenya: extent, Drivers, and Proposed Mitigation

Developing economies, often dependent on donor funding and debt, such as Kenya could benefit from sealing budget leakages. Public procurement price variance is deemed a key inefficiency in public expenditure contributing to the loss of colossal amounts of Money. Mechanisms to achieve realistic public procurement prices are stipulated in the existing public procurement regulatory regime; However, Price variances, manifesting in inflated tenders, are abound. The extent and drivers are yet to be empirically examined. This study adopted an exploratory approach to examine the extent of public procurement price variance; by conducting variance analysis of market prices and prices of goods contained in procurement contracts of 336 public procuring entities (Ministries, Departments, and Agencies) in Kenya in the 2022/2023 Financial Year. Analysis of data drawn from a random sample of 40 MDAs, indicates that all items acquired by MDAs were overpriced: at between 20% and 220% of the market price. Analysis of drivers of overpricing ranked: “budgeted kickbacks/bribes”; “Response to Late Payments by MDAs”; “Collusive Bidding”; and “Over-use of non-competitive methods”; as key drivers. The study reviewed the price oversight mechanism of the public procurement system in Kenya and recommends the adoption of a live internal public procurement audit model to monitor and oversight pricing. This will require a review of the regulatory regime to entrench the internal procurement audit model into the public procurement process. The study also recommends a public procurement study to examine the extent and magnitude of procurement price variance across Kenya and its fiscal effect on the Economy.

Subcontracting requirements and the cost of government procurement

AbstractGovernment procurement contracts are frequently subject to policies that specify a subcontracting requirement for the utilization of historically disadvantaged firms. I study how such subcontracting policies affect procurement auctions using data from New Mexico's Disadvantaged Business Enterprise Program. Theoretically, subcontracting requirements reduce prime contractors' private information on their costs by requiring them to select their subcontractors from a common pool of disadvantaged firms. This feature mitigates cost increases from using more costly subcontractors by causing prime contractors to strategically lower their markups. My estimated model reveals that New Mexico's past subcontracting requirements led to minor increases in procurement costs.

Two‐sided networks coordination for manufacturing technology standards' diffusion from home to host countries: A one‐leader and multiple‐followers Stackelberg game with multiple objectives

AbstractAn optimization model is necessary to depict and induce the volatility and irregularity of manufacturing technology standard (MTS) diffusion processes to ensure that the standard can be widely adopted by related stakeholders in host countries. This paper clarifies the two‐sided network coordination of MTS's transactional diffusion, consisting of new product diffusion among users and new technology diffusion among local suppliers. A procurement contract is introduced to connect and coordinate the two‐sided networks. The manufacturer from the home country is responsible for the contract design, which aims to maximize its net revenue by considering the product diffusion processes. Local suppliers determine whether to accept the contract. The decision‐making objectives of the contract acceptance for each local supplier are to maximize the net revenue and minimize workload fluctuation. The new standard‐based products are produced and sold by the manufacturer. The corresponding local supplier adopts new standard‐based technologies and supplies components for final product production if a contract is accepted. Therefore, a one‐leader and multiple‐follower Stackelberg game is proposed to figure out the best solution after coordinating the multiple objectives of each participant. The contract design and the contract acceptance are the leader and the follower, respectively. Analytical solutions under a specific MTS for refrigerator production are developed incorporating a nested Non‐dominated Sorting Genetic Algorithm‐II. The results demonstrate that the proposed method can efficiently coordinate the two‐sided networks of MTS diffusion and balance the net revenue of all related stakeholders.

조달계약과 불공정 조달행위로 인한 부당이득 환수

For fairness of procurement the other party to the procurement contract is obligated not to falsely submit bidding-related documents, to directly produce, to indicate the country of origin, to comply with contract standards, and to keep the contract price equal to or lower than the market transaction price. Violations of these obligations are called unfair procurement practices. In case of unfair procurement practices, the other party may be subject to sanctions such as prohibition of participating in bidding. However, it is necessary for Public Procurement Service(‘PPS’) to redeem the profits obtained from the procurement contract, because it is not reasonable to allow the other party to hold the profits from the procurement contract despite unfair procurement practices.
 The PPS's special terms for the procurement contract include provisions that require profits to be redeemed if unfair procurement practices are recognized. Since the special terms are the contents of the procurement contract, the state and the other party have eventually made an agreement to return the profits obtained from the procurement contract in the event of unfair procurement practices. In accordance with these profit redemption clause, PPS has recovered the other party’s profits in cases of unfair procurement practices. However, as the court interpreted the profit redemption clause as damages for a breach of contract, it was difficult for PPS to redeem the profits if it fails to provide sufficient evidence to prove damages caused by unfair procurement practices.
 The legal nature of the redemption of profits due to unfair procurement practices should not be regarded as restitution for unjust enrichment or damages for a breach of contract under civil law. If the redemption of profits is the restitution of unjust enrichment under civil law or the damages for a breach of contract, the parties to a contract do not need to make an agreement for the redemption of profits, because even if there is no clause for redemption clause, it is possible to claim the restitution of unjust enrichment or damages for a breach of contract under the civil law. A penalty clause is made when it is difficult to prove or calculate the damages caused by the breach of contract. Although it is clear that the other party to the procurement contract benefits from unfair procurement practices, it is difficult to prove the damages caused by unfair procurement practices. A redemption clause should be regarded as a penalty clause for the difficulty of proving damages. If the redemption clause is regarded as the restitution of unjust enrichment or damages for the breach of contract, PPS is unable to redeem the profits because the profits of the other party does not correspond to damages of the state. In that case the other party is able to hold the profits of the procurement contract despite unfair procurement practices. In order to prevent these results, the legal nature of the redemption clause should be recognized as a penalty clause.
 Recently, “Government Procurement Act” has established a basis for the redemption of profits, and the PPS also claims the redemption clause as a penalty clause, and the court recognizes the right to claim the return of profits. Special terms for the procurement contract no longer use the expression of unjust enrichment and specify that the other party is required to pay the amount based on the calculation clause of penalties in the case of unfair procurement practices.
 It is now possible to claim that the legal nature of the redemption clause is a penalty clause through the revision of the Government Procurement Act and special terms for procurement contract, and changes in precedents. From now on the focus needs to be on the category of unfair procurement practices and an elaborate calculation of the profits of the other party who has caused unfair procurement practices.

The impact of public procurement on market competition: evidence from South Korea

ABSTRACT This study explores the effects of public procurement on market competition. We examined the gasoline and diesel price impacts of the joint oil purchase policy implemented by the Korean Public Procurement Service in the public sector, as an example of public procurement. Using administrative data from all retail gas stations, we found that the policy increased the retail price of oil products at public procurement contract gas stations, indicating that public procurement can have negative effects on market competition.

Settlement Of Goods/Services Procurement Contract Disputes

Penelitian ini bertujuan untuk mendeskripsikan proses penyelesaian sengketa pada kontrak pengadaan barang/jasa pemerintah di Kota Tangerang. Metode penelitian adalah yuridis empiris. Hasil penelitian menunjukkan bahwa terdapat sengketa pada pelaksanaan kontrak pengadaan barang/jasa di Kota Tangerang antara Dinas Pekerjaan Umum dan Penataan Ruang Kota Tangerang dengan penyedia barang/jasa selama tahun anggaran 2021 yaitu berupa ketidaksesuaian antara sisa kemampuan paket yang disampaikan oleh penyedia dengan kenyataan yang ada di lapangan. Penyelesaian atas permasalahan yang terjadi antara Dinas Pekerjaan Umum Kota Tangerang dengan Penyedia yang bersengketa adalah melalui jalur non-litigasi dengan melakukan penetapan sanksi daftar hitam penyedia oleh pengguna anggaran Dinas Pekerjaan Umum dan Penataan Ruang sesuai dengan peraturan yang berlaku.

US federal government contracting for disaster management

AbstractDisasters affect hundreds of millions of people every year and the response of governments is crucial in alleviating the suffering of those affected. Despite the importance of contracting in response to disasters, research on this topic is conspicuous by its absence. This paper begins to address this gap by investigating the choice of procurement contract type by US federal agencies during disaster management operations. The research relies on 47,560 contracts issued by the US federal government in response to 14 major disasters between 2005 and 2016. We build on agency theory to investigate the choice of the contract type made by federal agencies at the different stages of a relief operation. This research provides empirical evidence of the key factors underpinning the choice of contract in the context of disaster management, namely the amount of spend per contract and the type of acquisition (product or service), and reveals the moderating role of the stage of the relief operation.

Show Your Hand: The Impacts of Fair Pricing Requirements in Procurement Contracting

Show Your Hand: The Impacts of Fair Pricing Requirements in Procurement Contracting

Speed of Payment in Procurement Contracts: The Role of Political Connections

Speed of Payment in Procurement Contracts: The Role of Political Connections

БАЛАНС МІЖ ПРОЗОРІСТЮ ТА БЕЗПЕКОЮ В УПРАВЛІННІ ДЕРЖАВНИМИ ЗАКУПІВЛЯМИ В КРИЗОВИХ СИТУАЦІЯХ

The article examines the intricate balance between transparency and security in managing public procurement processes during crisis situations, focusing on the ongoing conflict in Ukraine. Based on empirical data and theoretical foundations, the research explores the challenges and strategies associated with maintaining accountability while simultaneously protecting sensitive information. Key themes include the classification of procurement contracts, mechanisms for ensuring transparency and public oversight, and promoting fair competition under security threats. The findings shed light on best practices and policy implications for effective procurement management during crises, particularly in the context of national security and economic stability. Public procurement plays a crucial role during crises, serving as a mechanism for rapid mobilization and distribution of resources where they are most needed. This significance is heightened during crises such as the conflict in Ukraine, where the need for swift and efficient procurement of goods, services, and infrastructure is critical to supporting military efforts and humanitarian aid. The challenge lies in balancing the urgency of procurement with principles of transparency and security, ensuring that processes remain resilient to corruption and inefficiency while meeting pressing needs. Achieving transparency and security in public procurement requires a multifaceted approach. This includes establishing a robust legal framework, implementing advanced digital platforms that facilitate e-procurement, and adhering to strict security protocols. Public accessibility to procurement information, stakeholder participation, and mechanisms for contestation and dispute resolution are also vital components. These measures not only prevent abuse but also encourage broader participation in procurement processes, thereby stimulating competition and innovation. The analysis emphasizes the importance of electronic procurement systems, such as ProZorro, and the implementation of international standards and recommendations to achieve an optimal balance between transparency and security.