Public Bidding Research Articles

Environmental Harms at the Border: The Case of Lampedusa

In this paper I examine authorities’ management of migrant boats on the island of Lampedusa, Italy, as an example of environmental border harm. A danger to trawlers, sunken wrecks are also hazardous to the environment, with pollutants such as oil and fuel seeping into the sea. Migrant boats that reach the island, whether independently or towed by rescuers, are left to accumulate in the harbour and eventually break up, scattering debris in bad weather. When boats are uplifted onto land, they are amassed in large dumps, leaking pollutants into the soil. Periodically, the resulting environmental crises trigger emergency tendering processes for the disposal of the boats, which allow for the environmental protections normally required in public bidding to be suspended for the sake of expediency. The disposal of migrant boats thus relies on a pattern of manufactured environmental emergencies, consistent with the intrinsically crisis-based management of the border itself.

Cost-effectiveness analysis of PD-1 inhibitors combined with chemotherapy as first-line therapy for advanced esophageal squamous-cell carcinoma in China.

Objective: This study was aimed to investigate the cost-effectiveness of all available programmed death 1 (PD-1) inhibitors combined with chemotherapy in the first-line treatment of advanced esophageal squamous-cell carcinoma (ESCC) from the Chinese healthcare system perspective. Methods: A partitioned survival model with a 3-week cycle and a 10-year time horizon was constructed based on a network meta-analysis. The survival data and utility values were derived from clinical trials, and the direct medical costs were collected from public drug bidding database and published literature. Total costs, quality-adjusted life-years (QALYs) and incremental cost-effectiveness ratios (ICERs) were calculated. Scenario, one-way and probabilistic sensitivity analyses were performed to assess the uncertainty around model parameters. Results: Compared with mono-chemotherapy, toripalimab, sintilimab and camrelizumab plus chemotherapy were cost-effective treatment regimens, while serplulimab, pembrolizumab and nivolumab plus chemotherapy were not cost-effective options. Toripalimab plus chemotherapy provided the highest QALYs of 0.95 with the lower cost of $8,110.53 compared to other competing alternatives. The robustness of the base-case results was confirmed by scenario and one-way sensitivity analysis. At a willingness-to-pay threshold of three times per capita gross domestic product ($38,351.20) in 2021, the probability of toripalimab plus chemotherapy being the optimal option was 74.25% compared with other six competing alternatives. Conclusion: Toripalimab plus chemotherapy represented the most cost-effective option as the first-line therapy for advanced ESCC patients in China.

A Critique of the Initiative for Public–Private Partnership in Passenger Train Operations

In this paper, we critique the initiative for public private partnership in passenger train operations, started by the Ministry of Railways in July 2020. First, we examine each of the clusters in terms of parameters having implications on market and design coherence. The parameters include category of service (based on running time), train kms per week, train hours per week and average speed. Second, we present the salient features of bid parameters and conditions as per the documents released by the Ministry of Railways. Third, we assess the public private partnership initiative and bid conditions on parameters such as drivers for the initiative, market coherence, design coherence, bidding process and timeline, bid criteria, concession period, issues of competition, financial capacity, entry costs, train set features, fare and ticketing, terminals, schedule and stoppages, haulage and other charges and operations & maintenance. We also draw lessons from our understanding of the public private partnership experience of container train operators, where applicable. Finally, we suggest a way forward for the stakeholders in this public private partnership initiative.

A NOVA LEI DE LICITAÇÕES – LEI 14.133/21 – E SUA CONVIVÊNCIA COM AS REGRAS LICITATÓRIAS ANTERIORES

The entry of a new norm into the national legal system is always surrounded by apprehension on the part of administrators and law enforcers, especially when this wording has been bringing general directions on a given subject and replacing previous norms. This peculiar situation was what we found with Law number 14,133/21 – Law of Administrative Tenders and Contracts, which came to replace previous laws such as Law number 8,666/93 - which deals with general rules for public bidding and contracting -, Law number 10,520/02 - which deals with general rules for the Auction bidding modality -, and Law number 12,462/11, which deals with the differentiated regime of public procurement. The question, following the legal norms, presents interesting contours to citizens and law enforcers, since Law number 14.133/21 started to take effect on the date of its publication, expressly indicating that the previous laws would also be producing effects for the period two years after the publication of this Law, also indicating that the bidding procedures used by the previous law would be being achieved by the new sanctions introduced by the new rule. Bibliographic research was carried out to verify the moments in which the norms start to produce effects, it was found that although both wordings are of application provided by the server during the bidding procedure, the articles related to sanctions must comply with the new text. Certainly, the innovation and creativity of the legislator were the elements that motivated the preparation of the present work, as well as the effects that such innovations can produce in the legal world.

A Real Option Pricing Decision of Construction Project under Group Bidding Environment

The bidding price is one of the important factors for construction enterprises in winning a bid. In the context of public bidding in the construction industry, in the process of group competition, how to estimate the individual bids to calculate their maximum value and the best price to improve the winning probability has become an important issue. In this research, based on the real option theory, the concept of group bidding environment is introduced to establish a real option price decision-making model for construction projects. The function of the model covers two external competitive environments: independent and coupled. Finally, through model inspection and parameter sensitivity analysis, the model is discussed in depth, and suggestions for model application are obtained. The research results show that the rule of the model results has optimization characteristics, and the numerical solution is consistent with the analytical solution, which has a certain price guidance role. In the independent bidding environment, their optimal bidding price is inversely proportional to the volatility level and the option period, and it is directly proportional to the estimated costs but has no obvious relationship with the number of competitors. Moreover, the average sensitivity of the optimal bidding price to the estimated costs, the volatility level and the option period are 35.06%, 9.77% and 7.70%, respectively; the optimal mark-up ratio is 1.078. In the coupled bidding environment, the concentration of competitors’ prices and the optimal price will increase significantly, by about 2.37%, and the corresponding winning probability and weighted option value will increase by about 9.36% and 28.03%, respectively. The research results can provide price optimization for bidding activities with real option characteristics and improve the price winning rate, but the selection of price mode and parameter setting need to be set by enterprises according to industry characteristics and actual conditions.

Analysis of building behavior in construction industry and its relationship with its business performance for state contracting in Boyacá, Colombia

Construction provides the infrastructure necessary for the progress of modern societies and responds favorably to global economic dynamics. This performance is conducted through business performance, when formulating and executing this type of projects in Colombia. However, Its productivity is low, despite its support as a leading stimulator of production in times of crisis. Therefore, this research analyzed the macroeconomic environment of the construction and building subsector, through the selection and characterization of companies in Boyacá, Colombia, together with the identification of their capacities, estimated by the financial and organizational statements required in public bids. This analysis exposes the dependent and volatile market, mainly supported by housing construction activity. In Colombia, there is a reduction in productivity and in Boyacá, 95.83% of sole proprietorships do not have conditions to participate in public procurement. Consequently, despite institutional efforts to encourage production by investment in the building subsector, the nature of the market and the organizational limitations hinder the development of the sector and the Colombian economy in times of crisis.

Why Fairness Opinions? Theoretical foundation and clinical study in Switzerland

Fairness opinions are third-party opinions on the financial fairness of transactions for shareholders. They are primarily commissioned by management bodies of targets especially in the case of public takeover bids. The main objectives of this commissioning are said to be better information provision, independent certification, and documentation of the basis for management decisions and safeguarding. However, an empirical verification of these anecdotally mentioned objectives has not been performed so far. On the basis of a detailed, clinical study of 44 Swiss fairness opinions from the period 2010 to 2020, these objectives are reviewed. It is shown that many arguments speak against the hypotheses of information provision and certification, but that these are very much in line with the hypothesis of formal documentation and safeguarding of the boards of management.

Separate reasons for limiting the freedom of contract when choosing the type of transaction

Separate reasons for limiting the freedom of contract when choosing the type of transaction have been studied. For this purpose, the author analyzed the concept and essence of limiting the freedom of contract at the stage of choosing the type of transaction, identified the grounds for limiting the freedom of contract when choosing the type of transaction, compared a number of transactions that, due to their legal nature, significantly limit the freedom of contract, in particular, we are talking about public contracts, contracts of accession, standard and preliminary contracts, as well as contracts with persons who won public bidding. A comprehensive methodology was used to conduct the research, which combined: the historical method, which was used in the analysis of the transformation of legislative approaches to the regulation of freedom of contract; systemic for determining and clarifying the legal nature of the restriction of freedom of contract; the formal-legal method was used in the analysis of the texts of current domestic normative acts, court practice regarding the restriction of freedom of contract; with the help of legal hermeneutics, the content of normative legal acts, regulating the procedure for choosing the type of transaction was clarified; the forecasting method made it possible to develop proposals for the optimal normative-legal regulation of the restriction of freedom of contract; methods of critical analysis became the basis for clarifying the positions of scientists. This methodology made it possible to thoroughly study empirical data, the provisions of the current legislation of Ukraine, as well as the practice of Ukrainian courts. The conducted research made it possible to reach and substantiate a number of conclusions. In particular, that contracts can be both public and accession ones, or only have signs of a public contract or an accession contract. At the same time, when concluding such contracts, the freedom of contract is significantly limited, both with regard to the possibility of the entrepreneur refusing to conclude a public contract, and with respect to the parties joining the accession contract or public contract, who are deprived of the opportunity to determine the terms of the contract. At the stage of concluding a public agreement and an accession agreement, only one of the parties has freedom of action regarding the conclusion. It is substantiated, that the freedom of contract can be limited by a standard contract, which can be both recommended at the level of subordinate legal acts and developed by any participant in civil legal relations. When concluding a preliminary contract, the freedom of the parties is limited temporarily and partially

ISRAELI NATIONAL AERIAL DATA CAPTURING STANDARD FOR GENERATION OF DIGITAL GEOSPATIAL PRODUCTS AT NATIONAL SCALE

Abstract. Digital camera systems are a key component in the production of reliable, geometrically accurate, high-resolution geospatial products in a national scale. These systems have replaced film imaging in photogrammetric data capturing. Today, we are witnessing a proliferation of imaging sensors, collecting images in different ground resolutions, spectral bands, swath sizes, radiometric characteristics and accuracies being carried on varied mobile platforms. In addition, these imaging sensors combined with navigational tools (such as GPS and IMU), active sensors such as laser scanning and powerful processing tools, to obtain high quality geospatial products. The quality of these geospatial products based on the utilization of calibrated, high-quality digital camera systems.The new Survey of Israel (SOI) regulations specify the quality requirements for each geospatial product including maps at different scales and for different purposes, elevation models, ortho imagery etc. In addition, the regulations require that digital camera systems utilized for mapping purposes should be certified, using a rigorous mapping systems certification and validation process, which are specified in the SOI Director General Instructions (DGI).In 2019 the SOI has updated the camera certification and validation procedure and published a new national aerial capturing standard for digital geospatial products as a basis for the public bid in three main fields:Aerial data capturing including ground control points (GCP) measurements and aerial triangulation.Ortho imagery in several ground resolution distance (GSD) and several projections.Digital Elevation models including: points clouds, Digital Surface Model (DSM) and Digital Terrain Model (DTM). This article provides the details of the Israeli Directive for camera certification and Standard for digital geospatial products including the main technical requirements of the public bid that was carried out.

A MODALIDADE DO PREGÃO ELETRÔNICO NAS LICITAÇÕES DE SERVIÇOS TERCEIRIZADOS NO GOVERNO DO ESTADO DE RONDÔNIA PÓS DECRETO FEDERAL Nº 10.024/2019

This article aims to analyze Federal Decree 10,024/2019, which made the way to acquire goods and services mandatory, reversing phases in the bidding processes, shortening deadlines, increasing competitiveness, verifying its applicability within the State Government of Rondônia. In such a way that the new federal regulation brought greater speed and efficiency in the provision of public services. For this purpose, the institute of public bidding will be addressed in view of its constitutional and infraconstitutional requirement, since the auction is a type of bidding of the lowest price type, carried out in person or electronically, under the constitutional principle of morality and efficiency in its key element to produce well, with quality and with less expense, considering that the whole community benefits. The methodological procedures used were: from the point of view of its objectives, a descriptive research with the method of deductive approach, being a qualitative scientific study, with data analysis and statistics of electronic auctions carried out by the Superintendence of Bidding of the State Government of Rondônia.

Analysis of Factors Affecting Successful Bid Price in Public Construction Technical Bidding

Purpose - The purpose of this study is to find out any potential factors for explanatory variables when calculating the virtual successful bid rate in case of no collusion. Design/methodology/approach - An empirical analysis was conducted in this study with a regression analysis that included 725 bid samples under the public construction technical type bidding. Findings - The result of the basic analysis showed that there are several factors affecting the successful bid rate. First, collusion variable; second, government variable; third, successful bidder design score variable and the number of bidder variable among bidding features; fourth, turnkey variable based on the alternative method; fifth, civil works variable and plant works variable based on building work; sixth, asset variable and the fourth-quarter performance difference variable. However, the technical proposal method variable among bidding features was found to be statistically insignificant in column(4). Research implications or Originality - The significance of this research is that new variable such as the government variable and the fourth-quarter performance difference variable were added in the regression model, which showed statistically significant research results.

‘Mandatory’ public takeover bids in Hong Kong: the case of China Oriental

This article examines Hong Kong’s rules and practice on public takeovers and mergers as applied in a dispute involving the rules on mandatory general offers that spanned nearly a decade. Relevant events resulted in three hearings at the Hong Kong Takeovers Panel, which only heard a total of 25 cases in the 18-year period from 2003 to 2020.1 On two occasions, the Takeovers Panel had to answer the following questions: The unusual fact pattern of the case has put the rules on mandatory general offers to the test. The case reflects the Hong Kong Takeovers Panel’s regulatory style which tends to prefer an intuitive understanding of the facts of a case over a strict interpretation of the text of the Takeovers Code. It also highlights several procedural aspects that prejudice minority shareholders. Above all, the case reminds market participants of the cautionary language in the Takeovers Code that it ‘should not be interpreted as if they are statutes’ and ‘represent[s] a consensus of opinion of those who participate in Hong Kong’s financial markets and the SFC’.

Better opportunities created for investors by evolution of petroleum contracts in Iraq under the background of the recovery of oil prices

In order to revitalize its economy and oil industry, Iraq has gradually opened up its oil and gas market to the outside world in the past decade through public bidding. Service contracts were mainly adopted in 2008. Though some contractors really made a profit, some blocks were not so attractive. For the purpose of improving the distribution of profits and risks between the federal government of Iraq and overseas contractors, the government has been constantly adjusting the fiscal terms of service contracts, and even introduced a new contract model — development and production contract in 2018. To provide an insight into the changes and its consequence, the process and the trend of change in the contracts over the past decade are summarized, and furthermore, a quantitative analysis is conducted with a financial model. Especially, given the importance of oil prices, a sensitivity analysis is introduced to examine how oil prices impact the income of overseas contractors under different contract models. The results indicate that the federal government was being in the process of gradually sharing equally with contractors the profits and risks arising from price fluctuation, and the new contract model, especially with the recovery of oil prices, is creating better opportunities for overseas oil companies.

Public Bidding in Government Procurement - a New Methodology for Ranking Proposals Using Full Dimensional Efficient Facets of DEA Frontier

Public Bidding in Government Procurement - a New Methodology for Ranking Proposals Using Full Dimensional Efficient Facets of DEA Frontier

Regulation Mechanisms of the Public Bidding System: Current Changes in Legislation

Regulation Mechanisms of the Public Bidding System: Current Changes in Legislation

E&P Notes (October 2021)

E&P Notes (October 2021)

Blockchain Based Bidding System

The E-auction, one of the most common e-commerce events, allows bidders to bid directly on the Internet. As with the sealed deal, additional transaction costs are needed with intermediaries, as the third party plays an essential role between buyers and sellers in helping to negotiate both during the auction. In fact, it never confirms that a third party is trustworthy. To solve the problems, we propose the low transaction cost blockchain technology which is used to build the public bid and sealed bid smart contract. The smart contract consists of the Auctioneer address, the start time for the auction, the deadline, the current winner's address, and the current highest price. The project demonstrates the bidding framework with blockchain technology. This bidding application prepared by using Advanced Encryption Standard(AES) Algorithm. This algorithm contains AES cipher specifiers the number of repetitions of transformation rounds, that converts the input called the plain text, then into the final output called cipher text.

Housing prices and the probability of marriage among the young: evidence from land reform in China

PurposeUsing data from the China Health and Nutrition Survey, this work examines the relationship between housing price and the probability of marriage among the young.Design/methodology/approachBy exploiting land reform as an exogenous change in housing price and employing a differences-in-differences framework, this study investigates the effects of housing price on the marriage probability of young people.FindingsThis work confirms that land reform decreased young people's likelihood of marriage. This finding is robust to a series of model specifications. The effects of land reform increased over time because of rising housing unaffordability from progressively inflating housing prices. Moreover, land reform had larger effects on renters and young adults aged below 30 than homeowners and young adults aged above 30.Social implicationsOverall, this study highlights the negative consequences of an overheated housing market on marriage in developing countries.Originality/valueHousing prices have increased dramatically in urban China after 2002 upon the implementation of the assignment system of the use right of all kinds of profit-oriented lands by means of public bidding, auction and quotation. High housing prices indicate serious housing unaffordability, especially for young people who typically have low income and wealth. Homeownership that comes with various benefits can theoretically increase the likelihood of marriage, particularly in China where a house is often regarded as a prerequisite for marriage.

Methodological recommendations for digital evaluation of social indicators of enterprises

Introduction. One of the most important functions of the state in accordance with the Constitution is a constant increase of the well-being of the population of Ukraine. The main direction of raising the well-being is the implementation of the country's socio-economic policy. Digital rating of legal entities and individuals is one of the directions of informatization of society in European integration. The importance of the rating is determined by the problem of creating a transparent society, the fight against corruption, the creation of equal conditions for individuals and legal entities, control over the loyalty of the population, etc. The purpose of the paper is the thorough study and analogization of the international and domestic experience of social rating of economic activity of enterprises on the territory of Ukraine in order to develop harmonized and unified methodological recommendations for the social rating of business entities in the conditions of European integration of Ukraine. Results. In the conditions of chronic deficit of the state budget and the deficit of the Pension Fund, all types of activity of the enterprise are acquiring special relevance to the improvement of these problems. Of course, for the rating of an enterprise, one of the most important indicators is the indicator of payment of taxes and social contributions to compulsory state funds. The next criterion for assessing the social activities of the enterprise is employment at the enterprise. Special moment you need to note the creation of new jobs. Also important element of evaluation is a salary, or rather its size. The main landmark should serve the average salary in the field of field in the country, but with an amendment to the geographical region. The more deviation from the average salary in one direction or another, the more accrued (calculated) scores to the rating. The auxiliary unit consists of a social package that operates at the enterprise. Conclusions. The proposed methodological recommendations on the social rating of enterprises allow to form the necessary basis for state bodies in the scope of managerial decisions on financing, support, protection, permission to participate in public bids, providing various benefits and brets and it is recommended to use not only by state social bodies, but also by others, by a variety of state authorities. The proposed recommendations will allow to eliminate disadvantages in the distribution of state subsidies, subsidies, subventions and other state-owned assistance, as well as serve as a benchmark in determining the optimal social policy both in the country as well as in regions. Social authorities will also be able to optimize the necessary issuance of targeted assistance not only legal but also on the basis of the existing base and individuals.

Uma análise quantitativa do processo de concorrência em compras públicas dos pregões da Prefeitura Municipal de Pelotas

This work aimed to evaluate which factors determine the competition, measured by the winners’ number in each event, of the public bids held by the Municipality of Pelotas. The analysis was conducted taking the period from 2016 to 2017, observing the bids in the presential or electronic reverse auction format, aimed at the acquisition of common goods and services by the Public Administration at the lowest possible price. To achieve this goal, a database was built with information referring to 591 reverse auctions sessions available on the virtual page of the Rio Grande do Sul Province Court of Accounts and the Poisson regression model was applied. In summary, the results show that the monetary value of the public bid has a positive effect on the number of winners, with the increase of one unit of this variable increasing the number of winners on average by 12%. However, the impact of the contest has presented frustrated items reduces the number of winners on average by 30%. Additionally, it was found that the two-month increase in the time between the launch and the approval of the public bid on average has a positive impact of approximately 25% on the number of winners. These findings may suggest that purchases with a higher value and with a longer term may favor Public Administration in increasing competition and consequently in obtaining a lower unit price.