Procurement Regulations Research Articles

Preventing and Fighting Corruption on Public Procurement in Portugal:

This article analyses the legal regimes implemented in Portugal for the prevention and combating of corruption in public procurement. Although it is not a new theme, it has received new updates in the law dedicated to the regulation of public procurement – ie, the Public Procurement Code; some of the novelties arising from the imposition of European Union Law on public procurement – while others result from the recent national strategy for the prevention and combating of corruptive phenomena. The implementation of the referred strategy – which covers several areas of action – also benefits matters of public procurement. This has resulted in a set of normative solutions that have strengthened the prevention of corruption, both from an organisational perspective (with the creation of a new public agency for the prevention of corruption) and from an activity perspective (by imposing corruption risk prevention plans, codes of conduct, training programmes and reporting channels, including on contracting authorities). These solutions, particularly the one related to whistleblowing channels, have been reinforced by the recent ‘European Whistleblowing Directive’, which led to the approval of a new national whistleblower protection scheme with immediate relevance in public procurement. Keywords: public procurement; corruption; rule of law; conflict of interests

Public Procurement Compliance in Ghana: An Upper West Region Perspective

This study aimed to contribute to the debate on Ghana’s Public Procurement Act 663 non-compliance. According to the Ghana Public Procurement Law (Act 663, 2003), compliance with public procurement regulations is mandatory. It aims to combat fraud, illegal and unethical activities in the public sector. This research examined four explanatory factors that influence compliance with public procurement rules. This study applied a quantitative research methodology, correlational research design, and cross-sectional design. Data were collected from 62 regional government procurement entities using a structured questionnaire. Correlation and regression analysis was conducted to test the research questions and hypotheses. The general results of this study indicated mixed findings. Familiarity (H1) and monitoring (H3) were found to be statistically significant in compliance, whereas professionalism (H2) and sanctions (H4) were not statistically significant in compliance and were not supported by the study hypotheses. Hence, the mixed findings on the relationship between professionalism and compliance rules, sanctions and compliance rules require further investigation.

Natura i charakter rynków publicznych oraz ich wpływ na zamówienia publiczne w Unii Europejskiej

The regulation of public procurement in the European Union focuses on the internal market and its function in accordance with the fundamental freedoms. It aims at installing a behaviour for the public sector which is similar dynamics to the function of private markets. However, the regulation of public procurement reflects a characteristic of the relevant markets which is sui generis and has as main feature the pursuit public interest. These markets are referred to as public markets, which are distinct from private markets in their driver. Public markets exist to deliver public interest, whereas private markets exist to allow operators pursue profit. The regulation of public procurement rests on harmonisation which as a legal and policy process has been selected by European institutions to convey such regulation through directives. The latter are legal instruments which provide frameworks for implementation of the acquis communautaire but allow the required flexibility through discretion which is afforded to Member States in relation to the forms and methods of their implementation.

Scrutinizing the Adoption of Integrated Project Delivery in the Kingdom of Saudi Arabia Construction Sector

The Integrated Project Delivery (IPD) approach has been acquiring applause worldwide attributable to its certified and attested outcomes in efficiently sharing threats and costs confronting the construction project. Regardless of its popularity and rationality, no substantial studies have been conducted into the Kingdom of Saudi Arabia’s (KSA) construction. Hence, the novelty of this paper is probing the Saudi Arabia government tender process and procurement regulation for IPD theme deployment, reliant on a thorough literature assessment to bestow construction parties with the barriers of incorporating the IPD paradigm in KSA. The research objectives are attained via a questionnaire survey steered toward (1) pondering respondents’ cognizance of IPD eventuality and deployment in the KSA’s construction sector, (2) stipulating the survey’s participants’ preparedness for IPD implementation in KSA’s construction market, (3) specifying the project phase in which the contractor should be entangled as part of the IPD method, and (4) scrutinizing the respondents’ knowledge to classify the anticipated barriers to IPD from the global market in KSA. Findings unearth that the KSA construction sector still entails being more conscientious and adequate, pointing out the difficulties triggered by a dearth of awareness, apprehension, and pragmatic implementation. Further, respondents showed impartiality towards construction project stakeholders’ prescience and exuberance, the existing government procurement and tendering laws, and revolutionary technological infrastructure and competency for IPD implementations in the KSA construction industry. Additionally, the contractor should be implicated and embroiled in the construction project from the early design phase. Addedly, the hurdles to deploying IPD in KSA are ranked as follows: technological, knowledge, financial, legal, and cultural barriers.

Post-operative pain assessment, management compliance with WHO guidelines and its barriers in hospitals of West Shoa zone, central of Ethiopia, 2021.

Post-Surgical pain should be consistently assessed and documented as vital signs as well as has to be better communicated and adequately managed accordingly. However, there is a limited study regarding pain assessment and management documentation in Ethiopia. This study aimed to determine pain assessment documentation, pain management compliance with WHO guidelines, and its barrier. A cross-sectional retrospective study design mixed with quantitative and qualitative study types was employed. Three hundred sixty-five Patient cards were reviewed from four public hospitals in the West Shoa zone; Central Ethiopia, as well as four key informants groups, were interviewed. WHO guideline was used to review the patient card and a semi-structured questionnaire was used to interview the key informants. Descriptive statistics were used to describe the socio-demographic characteristics; and pain characteristics, and texts, tables, and graphs were used to present the results. Data were analyzed using SPSS-20 and Data from the key informants was thematically analyzed. From the total of 365 patient cards reviewed, it was observed that only for 189(51.8%) cases pain assessment was done within 48h after Surgery. Out of the patient who had got pain assessment within 48h the location of pain was explained in 93(25.5%) cases, pain quality was assessed in 128(35.1%) cases, and pain intensity tool was used in 169(46.3%) cases. Weak opioid (tramadol) is the most commonly described followed by Non-steroid anti-inflammatory drugs to relieve pain after surgery. Only 16(4.4%), patient card side effect was documented and the most reported side effect was Nausea and vomiting (13(3.6%). Lack of regular clinical audits for pain management, lack of technical updates on pain assessment and management as well as knowledge and attitude of health professionals toward pain management were the major barrier to effective pain management. and recommendation: The pain assessment and documentation in the present study were slightly lower than in previous studies. There was a lack of clinical audit for pain management, a lack of refreshment/technical updates on pain assessment and management, and a lack of regulation of procurement for anti-pain medications. We recommend providing regular technical updates for health professionals and conducting a frequent clinical audit on pain management as well as a designing mechanism for easy availability of anti-paint medications, particularly strong opioids.

Quo Vadis Economic Law Policy in the Procurement of Goods and Services by the Government (Comparative Study of Indonesia and the Philippines)

This paper discusses the legal development policy in the Government's Procurement of Goods and Services and to reveal the legal development sector in the regulation as well as a comparison of the Government's Procurement of Goods and Services policy between Indonesia and the Philippines. The method used in this paper is normative juridical with a statutory study approach (statue apporouch). The results of this study indicate that the direction of the government's procurement of goods and services policy is the achievement of the output and outcome of government agencies, economic improvement for both business actors and the community through economic equity and sustainable development, as well as comparisons related to government procurement of goods and services in Indonesia during the New Order era with integrity. The State Budget, however, is entering the decentralized Reform period and there are new regulations in the Government's Procurement of Goods and Services with the formation of an auction committee at each Office/Work Unit/Project Leader/Project Section. In the Philippines, it is formed in the Government Procurement Reform Act which is the basis for the regulation of Government Procurement of Goods and Services in the Philippines.

Public procurement law, political economy of the lowest responsive bidding, and the development of the water, sanitation and hygiene sector in Nigeria

ABSTRACT This study challenges the argument that the non-enforceability of the procurement law is the bane of infrastructural development in Nigeria. Focusing on the water, sanitation and hygiene (WASH) sector, the article argues that various attempts at procurement regulation were in fact moves to expand capital accumulation in the service delivery sector. Highly placed individuals leverage the lowest responsive bidding mechanism to engage in sharp practices which undermine the development of the WASH sector in the country. Given the prevailing scenario which presents the state, its institutions and laws – including the procurement legislation – as instruments in the hands of the dominant social forces, any investments in and attempts at rule enforcement tend to produce only minimal outcomes.

EU COVID-19 purchase and export mechanism: A framework for EU operational autonomy

The burgeoning debate on EU strategic autonomy calls for an appraisal of the role of law in the pursuit of the EU’s strategic objectives. This article examines EU executive measures regarding procurement and free movement regulation of critical resources and vaccines in the wake of the COVID-19 outbreak. It introduces the notion of EU operational autonomy to account for the mixed operative framework governing the joint actions of the Union and its Member States.The article argues that this framework heralds new patterns of executive centralization whereby political motives increasingly inform legal structures. It identifies the internal and external facets of EU operational autonomy, and highlights the composite dynamics emerging from neighbouring country association to EU operational autonomy. The study of these dynamics also offers insights into the complex balance between the EU’s regional and multilateral commitments. EU procurement; EU trade rules; COVID-19 vaccines; mixed executive frameworks; operational autonomy

Factors affecting procurement performance in selected municipal assemblies in the Kumasi Metropolis, Ghana

Procurement continues to receive enormous attention in the public sector of developing countries due to the high amount of financial investment fueled into the function for the acquisition of goods works and services. Amidst the compliance measures such as the public procurement act or regulation instruments introduced to curtail the activities involved in the function there is also the inadequate measurement of procurement performance with a few done only on cost as compared to other functions that recognize this attempt as a key measure of continuous improvement. The relevance of measuring procurement performance as has been illustrated through research by many writers due to the fact that the materials and other acquisitions obtained through procurement accounts for about eighty percent of (80%) an institutions finances being private or public. Procurement performance measurement served the ability to meet environmental requirements, institutional demands and provide the creativity to develop strategies to respond to these demands. The current study was that of descriptive aimed at assessing the factors affecting procurement performance in the public. Procurement planning and staff competency were the key variables used to assess procurement performance in the Asokwa and Oforikrom Municipal Assemblies due to their recognition in the public procurement Act 914 of Ghana in Section 21 under Part 3 for procurement planning and staff competency also addressed in Section 18(3). Questionnaires were distributed to 150 purposely sampled personnel involved in procurement questioned under a 5-point Likert scale following which 142 responses were obtained. Unscored by a quantitative research approach, the SPSS was used to analyze data through means statistics. The findings of the study revealed that procurement planning and staff competency affected procurement performance. In addition, all staff competencies listed provided a mean score within the range of 4.00 and above which implies that they all affect procurement performance. The researcher recommended future studies using same factors as variables of measure for a different case area to serve as variation and addition to knowledge. It was also suggested that other factors including budget or resource allocation, political interference, procurement procedures, contract management, quality of items produced, time delivery or lead time and many more be used as variables of measuring procurement performance in future studies.

Factors inhibiting the maturity and praxis of Made in Africa Evaluation

Background: Monitoring and evaluation in Africa as a practice and discipline has been dominated by Global North perspectives. There have been efforts within the monitoring and evaluation space to build a practice and profession that is informed by epistemes and axiologies which are Afro-centric. The main stream approaches currently being used in African evaluations marginalize the African knowledge systems as well as African evaluators. Reconstructing and repositioning the value of Made in Africa Evaluation is a must, rather than a necessity.Objectives: This article documents critical factors inhibiting the deepening of the ‘Made in Africa Evaluation’ (MAE), both conceptually and practically.Method: Based on reviewed literature, hands-on experiences and conference attendances, researchers explored critical factors that inhibit MAE from gaining enough traction in Africa.Results: It is noted that MAE faces challenges in the region. African countries are struggling with common issues of how MAE can gain enough traction. Key factors observed are (1) the over-reliance on Western world views or paradigms, (2) the dominance of Global North donors as commissioners of African evaluations, (3) the supply chain practices of African evaluators and (4) the perceived infancy of the evaluation profession in Africa.Conclusion: Commissioners of evaluations should consider revising procurement regulations developed to facilitate equivalent shared responsibilities between African and Western evaluation experts. More work needs to be conducted in order to develop a body of knowledge with Afrocentric paradigms, ways of knowing and methodologies that are African. Developing an African methods database is essential. This will contribute towards the ability for Africans to drink from their own wells, thereby elevating the indigenisation of evaluation practice. This article advocates for the expedience of the MAE approach and fills an important empirical gap on the approach, which feeds into contemporary literature on the institutionalisation of African approaches in evaluation practice.

Economic Analysis of Marketing and Constraints of High Yielding Variety Paddy (HYV) vs. Black Aromatic Paddy (Chakhao) in Imphal East District of Manipur

The present study was undertaken in Imphal East district of Manipur to know the marketing cost, marketing margin, price spread, producer’s share in consumer rupee, marketing efficiency of High Yielding Variety (HYV) paddy and Black aromatic paddy. A total of 120 sample respondents are analysed. Among these 42 are marginal farmers,36 are small farmers,26 are semi medium and 16 are medium farmers .For High yielding variety paddy, in channel I, overall average net price receive by producer is Rs.1885 per quintal and the consumer purchase price is Rs.2000 per quintal. In channel-II, overall average net price receive by producer Rs.1609 per quintal and the consumer purchase price is Rs.3000 per quintal. For Black Aromatic paddy, in channel-I, overall net price received by producer is Rs.6185 per quintal, and the consumer purchase price is Rs.6300 per quintal. In channel-II, overall net price received by producer is Rs.5109 per quintal and the consumer purchase price is Rs.12000 per quintal. Marketing efficiency revealed that for High Yielding Variety paddy (HYV) marketing efficiency of channel-I is high with 16.39. For Black Aromatic Paddy, Marketing efficiency of channel-I is high with 53.78.Farmer should chose for those marketing channels which have lesser intermediaries to get the maximum profits. Price fluctuation, lack of suitable govt. Policy like procurement and market regulation are the major marketing constraints to the sample farmer in study area.

Obtaining the best value for money through procurement planning: can procurement regulatory compliance intervene?

PurposeWhile empirical studies establish the importance of procurement planning in achieving value for money (VfM) in procurement, there is scant evidence demonstrating a link between procurement planning and procurement regulatory compliance, and thus VfM. As a result, this study examined how procurement regulatory compliance can be applied when procurement practitioners in Tanzania seek to maximize VfM through procurement planning.Design/methodology/approachA cross-sectional research design was adopted from which data were collected once through a structured questionnaire. The structural equation modeling (SEM) and Hayes' PROCESS macro test for mediation analysis were used to analyze the collected data.FindingsProcurement planning has a significant and positive relationship with procurement regulatory compliance (ß = 0.491, p < 0.001). Procurement regulatory compliance has a significant and positive relationship with VfM in procurement (ß = 0.586, p < 0.001). Results also show that procurement planning is a significant positive predictor of VfM (ß = 0.257, p = 0.005). Furthermore, the bootstrapping confidence intervals revealed that procurement regulatory compliance significantly mediates the relationship between procurement planning and VfM in procurement.Research limitations/implicationsAlthough the study was able to accomplish its overall objective, it is limited in terms of the geographical setting under which the study was conducted. Hence, the generalization of research results should be made with caution as each country has specific public procurement laws and regulations governing the conduct of procurement activities in the public sector.Originality/valueThe study contributes to the growing debate on achieving VfM in procurement activities. The study adds to the literature on public procurement by establishing the mediation effect of procurement regulatory compliance on the quest toward achieving VfM in public procurement.

Legal regulation of public procurement in the EU and the EAEU: Trends to digitalization

The article touches upon some problems of legal regulation of public procurement in two organizations — the European Union (EU) and the Eurasian Economic Union (EAEU). A wide EU experience in public procurement regulation could be helpful for the EAEU, as it is facing now the same problems as the EU did, for example the digitalization of public procurement. Russian researchers often refer to European experience in order to find best practices, but the European experience in the legal regulation of public procurement is poorly examined by Russian authors. The aim of the study is to compare the process of digitalization of public procurement regulation in the EU and in the EAEU, highlight the EU instruments in this sphere which could be useful for the EAEU and point some common features and differences of the digitalization process in the sphere of public procurement in these organizations. In the article the authors compare different fields of public procurement legal regulation in the EU and in the EAEU and both general and specific instruments of digitalization in the sphere of public procurement existing in the EU and in the EAEU. The study is based on the analysis of the EU law and legal precedents. As a result the authors make a conclusion that some EU instruments of public procurement legal regulation could be applied in the EAEU or its member states law considering the difference in historical development of public procurement legal regulation of the organizations and positive experience of the EAEU member states.

An Evaluation of the “Designation” of Products, Sectors and Industry for Local Production and Content under the Preferential Procurement Policy Framework Act 5 of 2000

This paper explores the designation framework in South Africa within the confines of the Preferential Procurement Policy Framework Act 5 of 2000 (the PPPFA). The PPPFA is substantiated by the Preferential Procurement Regulations, 2017. This discussion is pertinent in light of the proposed Public Procurement Act, which seeks to consolidate all legislation on public procurement in South Africa and, in particular, to provide for the designation of products, sectors, and industries for local production and content. It is thus prudent to assess the problems with the current designation framework that is plagued by secrecy and non-compliance to avoid replicating the same problems in the proposed Public Procurement Act.

Mississippi Farmers' Interest in and Experience with Farm to School.

The study’s purpose was to collect demographic and farm characteristics from Mississippi small farmers and to determine their abilities, experiences, and desires to engage in Farm to School (F2S) activities. The online survey was created using items taken from existing F2S surveys. Invitations to participate were sent via email to farmers beginning in October 2021 and ending in January 2022. Descriptive statistics were used to summarize the data. Of the 258 individuals with valid email addresses, 43 (17%) completed the online survey, and 38 fit the definition of small farm (<USD 250,000 in gross cash farm income). Mean farm acreage was 68 (range 1–480 acres). Twenty-six (70%) farms did not have any certifications. Common selling practices included farm stands/stores (n = 18; 49%) and farmers markets (n = 16; 43%). Only 4 farmers (11%) sold to schools with half indicating the experience was difficult. Common challenges included no relationship with school staff (n = 14; 44%) and guarantying quantity/date (n = 11; 34%). Twenty-six (68%) farmers expressed an interest in at least one F2S activity. To facilitate mutually beneficial relationships between small farmers and school food service staff, work is needed to connect the two groups and guide farmers in navigating school procurement rules and regulations.

Legal regulation of procurement activities in Russia, China and Mongolia: some aspects of financial control and anti-corruption

The article describes some of the features of legal regulation of public procurement in the Peoples Republic of China, Mongolia and the Russian Federation. In the article the key provisions of financial control and anti-corruption are highlighted and the priorities of state policy in these countries in the field of public procurement are noted. The legislation of China and Mongolia is analyzed from the standpoint of the possible use of their provisions to improve Russian legislation. So, the Chinese and Mongolian legislation, in contrast to the Russian, is more concise, has no reference character, etc. Purpose: All above confirms the relevance of further comparative legal analysis of the legislation of the Peoples Republic of China, Mongolia and the Russian Federation in the field of procurement. Conclusions obtained in the course of the study: To identify the distinctive points in the legal regulation of financial control and the application of measures of responsibility for crimes in the implementation of procurement activities in the Russian Federation, the Peoples Republic of China and Mongolia. Conclusions of the research: the legislation of Russia, Mongolia and China is improving methods of combating corruption offenses that are committed in the implementation of procurement activities. Despite the adoption of many legal measures, corruption crimes in procurement activities are committed quite often.

Foreign experience in the implementation of “green” public procurement legal instruments

The purpose of the study is to generalize the practice of legislative regulation of green public procurement in the countries of the European Union with the prospect of its application in the legal conditions of Russia. The article formulates the legal content of “green” (sustainable) public procurement. It is substantiated that green public procurement will contribute to solving environmental problems, stimulating the subjects of innovative and environmental entrepreneurship to actively support the climate agenda. The study reveals the obstacles that hinder broader engagement of the Russian contract law to raise efficiency of green public procurement in Russia. Conclusions concern normative regulation considering environmental criteria for identifying green public procurement and developing regulations for this type of procurement based on the experience of the world leaders. Normative and legal regulation of “green” procurement is necessary not only for companies, but also for the state, as it reflects national strategic priorities in the field of environmental protection, which is in line with the UN global goals of sustainable development.

Assessment of Barriers and Strategies for the Enhancement of Off-Site Construction in India: An ISM Approach

The tremendous urbanization pace of India calls for higher efficiency in housing development, currently typified by low productivity and poor sustainability performance. Although off-site construction (OSC) is a method of widely acknowledged efficiency, its current uptake in India is very low, and the factors hindering its wider adaptation have not been comprehensively researched. This paper employs interviews with experts, a questionnaire survey and the interpretive structural modelling (ISM) technique to achieve the following objectives: first, to reveal which factors are perceived as top barriers for OSC implementation in India; second, to develop a hierarchical model presenting the causality between these factors; and third, to propose the initiatives required for barriers with high impact on other barriers to be most efficiently tackled. The survey findings show that the barriers perceived as most important from the professionals’ point of view are design inflexibility, difficulties in storage and transportation, supply chain weaknesses, initial capital requirements and lack of skills. The ISM reveals, though, that the underlying causes for these barriers lie with factors such as public procurement regulations and the fragmentation of the sector. Therefore, the latter are the barriers that need to be targeted in priority, as per the suggested strategies.

Implicit incentives in green public procurement: Good intentions versus rigid regulations

Governments promote pro-environmental behavior explicitly, through regulatory provisions, or implicitly, by setting general environmental objectives without explicit requirements. Shared values and commitment to government objectives supposedly help towards greener behavior. We argue that the lack of explicit guidance counteracts, especially if green options are perceived as conflicting with strict regulatory requirements on other issues. In Russian public procurement, organizations are subject to either a rigid procurement law, or a flexible law, or both; neither law formalizes environmental priorities or approaches. We design a survey on practices of green procurement, collecting 223 responses from the whole range of organizations subject to public procurement regulation. Results from probit regressions, robustified on further 800 responses from an additional survey and 250,000 official procurement records, show that regulatory rigidity hinders green practices. Federal authorities are more likely to apply environmental criteria than local governments, but this is rather due to the expertise of their staff than to their commitment to governmental objectives. Publicly funded institutions are less likely to adopt green procurement than state corporations. Caution and avoidance of unintended contraventions seem to impede adoption of green procurement. Provision of information, guidance and improved expertise can help overcome this effect.

Non-Compliance Practices in Emergency Public Procurement Context of Handling COVID-19 Pandemic in Indonesia

This study aims to explore emergency provisions in regulations and policies of Indonesia’s public procurement system, to examine non-compliance practices with regulations and procedures by procurement actors pertaining to COVID-19 emergency public procurement, and possible recommendations of overcoming its detrimental effects. This study uses normative juridical research by examining library materials and the main data source is secondary data including literature review, regulations, and the audit findings. The result showed that emergency public procurement speeds up the public procurement process, but it was found non-compliance practices with regulations and procedures by procurement actors in every stage of the emergency public procurement, so it creates inefficiency, increases the risk of wasteful spending of state finances and even more it may lead to financial losses. To address this, governments or LKPP can consider reviewing existing emergency public procurement regulation (LKPP Regulation 13/2018) by establishing the detailed emergency public procurement documents and procedures and regulating a list of reference prices or the maximum price limit of certain goods by a Circular Letter of the Head of LKPP to prevent and avoid wasteful spending of state finances or an indication of state financial losses.