Procurement Regulations Research Articles

SME Participation in Public Purchasing: Procurement Policy Matters

This paper investigates the relationship between regulatory policies governing public procurement and participation by small and medium enterprises (SMEs), using a large dataset on European procurement. We find that countries with better quality procurement regulation have greater SME participation and higher probability that SMEs win contracts. Dividing contracts into smaller lots bolsters participation by SMEs, but only increases the probability of SMEs winning contracts for small value lots (â?¬25,000 or less). Counterfactual simulations suggest if governments want to enhance participation by SMEs in public procurement the focus should be on improving the overall quality of procurement processes.

沙特阿美项目采购合规管理初探

沙特阿美项目采购合规管理初探

Strategic public procurement regulatory compliance model with mediating effect of ethical behavior

The paper proposes and validates the strategic public procurement regulatory compliance model with mediation effect of ethical behavior. It expands the socio-economic theory of regulatory compliance to explore the mediating effect of ethical behavior on the influence of professionalism, familiarity, enforcement, resistance to political pressure and compliance with public procurement regulation. A quantitative research design was deployed using 125 procurement officers as a sample group. The data from the sample was analyzed using Partial Least Squares Structural Equation Modeling (PLS-SEM). The results validated the hypotheses for the strategic public procurement regulatory compliance model with mediation effect of ethical behavior. The study not only confirmed the earlier findings on the direct effects of professionalism, familiarity, enforcement, resistance to political pressure and ethical behavior on compliance, but also established the mediating effect of ethical behavior on compliance on all the predictors except resistance to political pressure. The study implied that ethical behavior of public procurement officers should be a strategic point of concern by both policymakers and professional bodies. Theoretically, the studyexpands thesocio-economic theory of regulatory compliance within the context of procurement literature through mediation effects of ethical behavior via structural analysis.

Competition in science as a subject of antimonopoly regulation (preliminary results of empirical research)

The Authors raise the issues of development of competition in science, improvement of regulation of procurement of research and development. The proposals for optimization of this sphere are based on the analysis of the survey of scientific and higher educational organizations. The article emphasize a need of examination institution establishing, development of all existing ways of science funding, scientific organizations preservation. Also the article emphasize barriers elimination importance of participation in state procurements for scienсe workers and their temporary teams (not legal entities).

Balancing welfare and market logics: Procurement regulations for social and health services in four Nordic welfare states

Aim:In increasingly market-oriented welfare regimes, public procurement is one of the most important instruments for influencing who produces which services. This article analyses recent procurement regulations in four Nordic countries from the point of view of addiction treatment. The implementation of public procurement in this field can be viewed as a domain struggle between the market logic and the welfare logic. By comparing the revision of the regulations after the 2014 EU directives in Denmark, Finland, Norway, and Sweden, we identify factors affecting the protection of a welfare logic in procurement. We discuss the possible effects of different procurement regulations for population welfare and health.Data and theoretical perspective:The study is based on the recently revised procurement laws in the four countries, and adherent guidelines. The analysis is inspired by institutional logics, looking at patterns of practices, interests, actors, and procurement as rules for practices.Results:Procurement regulations are today markedly different in the four countries. The protection of welfare and public health aspects in procurement – strongest in Norway – is not solely dependent on party political support. Existing service providers and established steering practices play a crucial role.Conclusion:In a situation where market steering has become an established practice and private providers are strongly present, it can be difficult to introduce strong requirements for protection of welfare and population health in procurement of social services.

Legal regulation of public procurement in Ukraine

Problem setting. In modern conditions, the relevance of the study of public procurement is conditioned by the fact that the functioning of the state and local self-government bodies, the fulfillment of their socially important tasks, which are assigned to them, are impossible without adequate material and resource support. As S. Levchenko rightly points out, public procurement concerns practically all spheres of economy and is one of the most important means of socio-economic policy of the country. Not only productivity but also the speed of economic growth of a country depends on their effectiveness. Analysis of scientific research. It is significant that public procurement has been the subject of scientific research by experts in civil, administrative and commercial law (for example, O. Kurepina, A. Yu. Misak, O. O. Sergachova, M. S. Solovyov, etc.). At the same time, given the dynamic nature of national legislation, including in the area of public procurement, the purpose of this scientific article is to analyze the legal mechanism of public procurement in Ukraine. Article’s main body. We would like to note positively the attempt of the legislator to consolidate the principles of public procurement. These include such principles as: fair competition among participants; maximum savings and efficiency; openness and transparency at all stages of procurement; non-discrimination of participants; objective and impartial evaluation of the tender proposals; Prevention of Corruption and Abuse [5, Art. 3]. At the same time, the content of some of the principles is disclosed in the text of the analyzed regulatory act. In particular, it is a principle of nondiscrimination of participants, the essence of which is that domestic and foreign participants of all forms of ownership and organizational and legal forms participate in procurement procedures on equal terms. Customers provide free access to all participants for procurement information. The legislation prohibits the establishment of discriminatory requirements against participants. In addition, the legislator draws attention to the need for procurement planning. Procurement is carried out in accordance with the annual plan. The annual plan, the annex to the annual plan and changes thereto shall be published free of charge on the web site of the Procurement Authorization Authority within five days of their approval [5, Art. 4]. In our opinion, the stated requirements of the legislator regarding the planning of public procurement should be consolidated as one of the principles of their implementation, since the planned nature of public procurement is one of the main characteristics of their implementation. However, the content of all other principles enshrined in the Law on Public Procurement remains unclear. Apparently, this approach needs adjustments. Conclusions and prospects for development. Thus, it is advisable to include in the stages of public procurement such as: 1) the publication of procurement information; 2) the election of one of the following procedures: (a) open tendering; (b) competitive dialogue; (c) the negotiated procurement procedure. We emphasize that within each of the above procedures are contained, so to speak, their own stages. The stages of the open auction include: 1) announcement of the open tender procedure; 2) availability of tender documentation; 3) submission of the tender proposal; 4) opening, reviewing and evaluation of bids; 5) deciding on the intention to conclude a purchase contract.

Independence of the Office for Public Procurement

Summary The regulation of public procurement fulfils an essential task for the proper functioning of states. Public procurement directly influences the efficient public spending within a state. No doubt that the process shall be supervised by an independent and qualified institution. However, is this the case? In order to answer the question, the article chooses the jurisdiction of the Slovak Republic and it explores whether the supervisory body, the Office for Public Procurement, is to be seen as independent. Due to the fact that the notion of independence is unclear, the article presents the understanding of this notion and the criteria encrypted therein, following which the notion is applied to the Office for Public Procurement and to its leadership in particular. Since it is established that there is room for improvement regarding independence of this institution, the article presents concrete proposals for improvement of independence of the Office for Public Procurement.

E-Procurement as a Way to Protect the Public Interest

Introduction: the paper is devoted to the study of legal mechanisms in the area of public procurement, which can ensure the protection of the public interest and respect for fundamental human rights and freedoms. Modern international law requires that the public procurement regulations include the standards for the protection of fundamental human rights. There are serious loopholes in the Russian procurement legislation regarding the application of human rights protection standards in the performance of contractual obligations. For this purpose, the author reveals the hierarchy of interests of all the subjects of legal relations in the area of procurement and the main ways of violations of human rights and the public interest. By means of methods of scientific knowledge, first of all, comparative jurisprudence, the system of public procurement in comparison with the contract system of the USA was considered. The paper also uses specific methods of scientific knowledge, including: system-structural, formallogical, as well as special legal methods of normative interpretation. Results: it is pointed out that the lowest-price competition often encourages States to support unscrupulous contractors who violate the fundamental human rights, fail to comply with the occupational safety standards and pay low wages. In particular, in Russia, the law does not allow obliging customers to only enter into a contract with those procurement participants who are ready to ensure compliance with the labor rights. In such a situation, human rights could only be protected by ensuring transparency in the procurement process. In turn, achieving transparency of procurement is only possible with the use of digital technologies. Conclusions: according to the results of the study, it should be assumed that the current procurement rules in Russia at each stage need to be improved in terms of filling in the loopholes in the human rights procurement standards aimed at ensuring respect for fundamental human rights. The active use of IT-technologies is required for the development and implementation of self-executing agreements in a single information system.

THE BASIS OF LEGAL REGULATION OF PUBLIC PROCUREMENT IN THE WEST AFRICAN ECONOMIC AND MONETARY UNION (UEMOA)

The paper analyzes the key supranational public procurement instruments adopted within the framework of the West African economic and monetary Union, especially the legally binding directives (Directive 04/2005 on the award, performance and payment of public contracts and Directive 05/2005 on the control and regulation of public procurement), which require further implementation into the national legislation of the member states. Special attention is given to the documents that, although they are advisory in nature or only indirectly affect the issue under study, but have had a significant impact on the formation of directives — the Regional program for improving the efficiency of public procurement and the UEMOA Code on transparency in public finance management. The principles of legal regulation of public procurement in the UEMOA are revealed: the principle of cost — effectiveness and efficiency of procurement; the principle of free access to the public procurement market; the principle of equal treatment of candidates and mutual recognition; the principle of transparency, rationality, modernity of procurement procedures and the possibility of tracking them; the principle of non-discrimination on the basis of nationality in relation to enterprises of the UEMOA member states and the principle of non-violation of competition when transferring a state contract to subcontracting; de minimis principle. A brief description of the procedures for awarding public contracts established in this organization, namely tender (there are several varieties of tender, the main of which are open and closed) and procurement from a single supplier. Some aspects of the legal regulation of public procurement in UEMOA are compared with other integration associations, in particular with the European Union and the Common market of South America (MERCOSUR).

Multidimensionality of Sustainable Public Procurement (SPP)—Exploring Concepts and Effects in Sub-Saharan Africa and Europe

Strategic objectives in public procurement, such as environmental or social considerations, are being increasingly referred to under the umbrella term of sustainable public procurement (SPP). The concept of sustainability is intrinsically multidimensional, encompassing environmental, social, and economic aspects. However, the existing literature on SPP highlights the generalization that the regulation and practices of public procurement are biased toward the environmental dimension. There is conflicting evidence from countries in Sub-Saharan Africa (SSA) that calls for further investigation. Analyzing how SPP is actually constituted in SSA and contrasting it with the situation in the European Union (EU), as a spotlight on the Global South and North, contributes to a better understanding of sustainability in public procurement. The comparative analysis will help with understanding processes related to the integration or disintegration of sustainability dimensions in SPP. Our results indicate a contrary orientation on the environmental and the social dimensions in the EU and SSA. Although there is no sign of a comprehensive integration of all dimensions in SPP, there are developments toward the integration of the ‘missing’ dimension in the respective regional setting. Thus, at the moment, achieving a multidimensional implementation of SPP appears to be more a matter of expanding SPP practices of the ‘missing’ dimension than of pushing for integrated concepts.

The regulation of competition and procurement in the National Health Service 2015–2018: enduring hierarchical control and the limits of juridification – ADDENDUM

An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.

Defense Procurement and Public Utility Regulation

First published in 1968, this article examines possible change in the government procurement regulatory framework that could conceivably confer public utility status on the producers of major weapon systems. The author posits that applying public utility regulation could not ameliorate the regulatory problem, and the best solution to procurement regulation is to minimize the need for it.

Defense Procurement and Public Utility Regulation: A 21st-Century Re-examination

This article revisits George R. Hall’s work and discusses motives for the public utility model. The author provides some historical background and current perspective, and ultimately finds that Hall’s 20th-century recommendations remain viable 50 years later for the 21st century, albeit for some reasons not originally envisioned.

Analysis of the existing mechanism of macroeconomic regulation of public procurement

According to the results of the content analysis of digital transformations, the general and distinctive features of the implementation of strategic documents that ensure the formation of the digital economy in different countries are highlighted. The identified patterns have made it possible to argue that the overall digital economy development strategy in Ukraine is in line with global trends. The imperatives of digitization of construction enterprises through the prism of vectors and forms of realization of investment-innovative activity are offered, because in the current economic conditions one of the important factors of effective functioning of the production and economic system in the long term is digital transformation and effective mechanism of attracting investments for its realization.According to the results of the content analysis of digital transformations, the general and distinctive features of the implementation of strategic documents that ensure the formation of the digital economy in different countries are highlighted. The identified patterns have made it possible to argue that the overall digital economy development strategy in Ukraine is in line with global trends. The imperatives of digitization of construction enterprises through the prism of vectors and forms of realization of investment-innovative activity are offered, because in the current economic conditions one of the important factors of effective functioning of the production and economic system in the long term is digital transformation and effective mechanism of attracting investments for its realization. According to the results of the content analysis of digital transformations, the general and distinctive features of the implementation of strategic documents that ensure the formation of the digital economy in different countries are highlighted. The identified patterns have made it possible to argue that the overall digital economy development strategy in Ukraine is in line with global trends. The identified patterns have made it possible to argue that overall the digital economy development strategy in Ukraine is in line with global trends

The regulation of competition and procurement in the National Health Service 2015-2018: enduring hierarchical control and the limits of juridification.

Since 1990, market mechanisms have occurred in the predominantly hierarchical National Health Service (NHS). The Health and Social Care Act 2012 led to concerns that market principles had been irrevocably embedded in the NHS and that the regulators would acquire unwarranted power compared with politicians (known as 'juridification'). To assess this concern, we analysed regulatory activity in the period from 2015 to 2018. We explored how economic regulation of the NHS had changed in light of the policy turn back to hierarchy in 2014 and the changes in the legislative framework under Public Contracts Regulations 2015. We found the continuing dominance of hierarchical modes of control was reflected in the relative dominance and behaviour of the sector economic regulator. But there had also been a limited degree of juridification involving the courts. Generally, the regulatory decisions were consistent with the 2014 policy shift away from market principles and with the enduring role of hierarchy in the NHS, but the existing legislative regime did allow the incursion of pro market regulatory decision making, and instances of such decisions were identified.

Aspects of International Public Procurement Regulation

Aspects of International Public Procurement Regulation

Defense Procurement and Public Utility Regulation

First published in 1968, this article examines possible change in the government procurement regulatory framework that could conceivably confer public utility status on the producers of major weapon systems. The author posits that applying public utility regulation could not ameliorate the regulatory problem, and the best solution to procurement regulation is to minimize the need for it.

LIKELIHOOD RATING OF FRAUD RISK IN GOVERNMENT PROCUREMENT

Indonesian government procurement regulations have undergone some changes towards improvements in procurement governance from 2003 to 2018. However, the facts of 177 corruption cases in procurement [1] showed an increasing trend from 2004 to 2017. This study aimed to prove the likelihood level of risk of fraud government procurement and exemplify a list of government procurement fraud risk ratings. Qualitative research method is used with survey technique via google form to 52 respondents consisting of procurement group, auditor and procurement trainer or risk management trainer. Prospectively, respondents rated likelihood on 66 risk of procurement fraud. The results showed that there are 5 risks have a "frequent" likelihood, there are 54 risks have "occasionally" likelihood, and 7 risks have "almost never" likehood. These results have implications for government agencies to develop proper response or management of procurement fraud risk in accordance with their likelihood.

Effect of Devolution on the Performance of Human Resource Function in Health Sector in Kenya: The Case of Garissa County

The declaration of a new constitution of Kenya on 31st August 2010 successfully made two levels of government; the national and county governments. Establishment of health services is one of the tasks that were devolved to the county. Devolution of health functions was meant to enhance access to more-fair and top-notch health services to the Kenyan citizens. This study sought to analyze the effect of devolution on human resource performance in healthcare sector in Kenya with special focus on Garissa County. The study specific objectives included to; examine how devolution has affected recruitment of health care staff in Garissa County; to analyze how devolution has affected training of health care staff in Garissa County. The study was guided by new public management theory. The study employed a descriptive research design to examine the effect of devolution on human resource performance in healthcare sector in Kenya. The target population was the healthcare workers with management portfolios and the sample population was 184 respondents which were arrived at using stratified sampling method. Both primary and secondary data were accessed. A questionnaire was used to collect primary data. Descriptive proportions of the respondents and their cadres were derived. Qualitative data was analyzed thematically, while quantitative data was analyzed using descriptive statistics and regression analysis. The findings were presented using tables and charts. The study found out that devolution has affected human resource performance in healthcare sector in Garissa County. The study established that lack of proper methods of recruitment of health care staff; lack of training of health care staff and application of ineffective methods of procurement of medical facilities hindered the performance of health care staff in the County. The study drew conclusion that the major effect of devolution on human resource performance in healthcare sector in Kenya; a case of Garissa County includes; recruitment of health care staff; training of health care staff and procurement of medical facilities. The study recommended that the County government should employ effective employee recruitment methods by hiring staff with technical expertise in health services delivery; the County government should also allocate and efficiently distribute enough financial resources to fund the recruitment exercise; the recruited staff should be better remunerated in order to improve their level of motivation and job satisfaction. The study further recommended that the County government should implement an effective and continuous employee training and development programmes on health care services delivery in the County. The County government should source and hire qualified doctors; employ enough and qualified nurses; hire enough and qualified support staff and give emphasis on hiring very experienced medical staff as lead trainers on health care services delivery in the County. The County government should adhere to all public procurement regulations in Kenya like public procurement and disposal act. The procurement methods should ensure that there is availability of medical facilities; there is a sufficient medical facility and there is high reliability of procured medical facilities in all regions in the County.

Between ‘going private’ and ‘NHS privatisation’: patient choice, competition reforms and the relationship between the NHS and private healthcare in England

AbstractPatient choice in the context of National Health Service (NHS) reforms in England can refer to the law and policy underpinning patient movement between the NHS and private healthcare sector (in existence since the introduction of the NHS in 1948), as well as recent competition reforms of the Health and Social Care Act 2012, the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 and the 2014 Private Healthcare Market Investigation by the Competition and Markets Authority (CMA). This paper highlights the existence of two discrete, yet related frameworks: the ‘NHS patient – private patient’ framework based on Department of Health, NHS England and latterly Clinical Commissioning Group policy, and the ‘NHS patient choice’ framework, derived from New Labour choice and competition policies and subsequently enshrined by the 2012 Act reforms. The juxtaposition of these frameworks underscores the symbiotic relationship between the NHS and private healthcare, which raises questions about the fitness for purpose of current policy. It also helps explain why the competition reforms are difficult to implement, and suggests that the knitting together of patient choice and competition may unravel following the 2012 Act reforms and CMA private healthcare market development.