Public Procurement Authority Research Articles

Digitalisation in EU Competition Law and the Swedish Principle of Transparency

The procedural and institutional rights granted by the EU Charter of Fundamental Rights have an important impact at national level in the application and interpretation of competition law by national courts and national authorities. In Sweden, the situation is particularly fascinating since the principle of openness – which affords a maximum standard of human right protection – may conflict with the procedural and institutional rights of the Charter, i.e. Articles 41, 47 and 53 of the Charter. The application of the Charter by the public procurement authority is also of interest here. Arguably, the principle of openness as defined by Swedish law should be respected in light of the procedural and institutional rights granted by the EU Charter.

Success of the tender stage of Ghanaian public labor-based construction projects

PurposeThe procurement reforms carried out by the Government of Ghana have led to the creation of the Public Procurement Authority and the passage of the Public Procurement (Amended) Act 2016. Nevertheless, many obstacles could prevent an open and fair competition during the procurement of works. This significantly affects the success of Ghanaian construction projects. Therefore, this paper aims to explore the factors to enhance the success of the contractor selection phase of the Ghanaian public labor-based construction project.Design/methodology/approachA quantitative research approach was adopted by this study. Data was collected through a self-administered questionnaire to 377 respondents across Ghana. The data was then analyzed using structural equation modeling.FindingsThis study revealed that external, project procedures and project management factors impact the Ghanaian labor-based contractor selection phase success.Research limitations/implicationsThis study is limited to the contractor selection phase of Ghanaian public labor-based projects and developing nations with similar socioeconomic characteristics.Social implicationsStrict adherence to this study’s findings will enable the government to undertake more infrastructure projects to raise the standard of living for its populace.Originality/valueAlthough several studies have been conducted to improve the success of construction projects in developing nations, very little focus has been placed on the success factors of the contractor selection phase of public construction projects. These findings are vital in discovering for the first-time factors influencing the success of the tender stage of public labor-based projects in Ghana and developing nations with similar socioeconomic characteristics.

Implementation of the Public Procurement Act No. 8 of 2020: A Case of the Technical Education Vocational and Entrepreneurship Training Authority

The study evaluated the implementation of Public Procurement Act No. 8 of 2020 by public entities, focusing on the case of the Technical Education, Vocational, and Entrepreneurship Training Authority (TEVETA). This study aimed to assess the implementation of the Public Procurement Act No. 8 of 2020 at TEVETA. A descriptive research design was employed. The target population included Directors, Managers, specialists, and officers from the Finance, Audit, Procurement, and Information Communication and Technology (ICT) departments. Purposive sampling techniques were utilized to select seven (7) finance staff, two (2) Audit staff, and three (3) procurement staff. Data from Finance staff, Audit staff, and Procurement staff were collected using interview guides, while Information Communication and Technology staff participated in focus group discussions. Observation checklists and document analysis were also employed. The researcher personally conducted the administration of the guides and focus group discussions. The collected data were analyzed using descriptive statistics and presented in tables, charts, and graphs using Microsoft Excel. The study identified challenges in the implementation of the Public Procurement Act No. 8 of 2020 at TEVETA, leading to non-compliance with the existing public procurement law. It was found that the electronic government procurement system (e-GP) was not implemented due to a lack of capacity among procurement professionals. There was a lack of interaction between procuring entities and the Zambia Public Procurement Authority (ZPPA) to organize training workshops, seminars, and conferences on interpreting and implementing the Public Procurement Act. Challenges were also noted in implementing section 12 of the Public Procurement Act No. 8 of 2020 related to the use of the market price index. The study highlighted that the quarterly market price provided by ZPPA was susceptible to price fluctuations and the depreciation of the Zambian currency against major currencies. Consequently, the study concluded that the Public Procurement Act No. 8 of 2020 was not effectively implemented at TEVETA. It was recommended that ZPPA and TEVETA collaborate to enhance the capacity of procurement professionals for effective interpretation and implementation of the Public Procurement Act. Additionally, it was suggested that the quarterly market price index (MPI) be reviewed monthly due to price fluctuations and currency depreciation compared to major currencies.

Level of awareness and knowledge of procurement officers on environmental sustainability as enshrined in the Public Procurement Act in Ghana

PurposeThis study aims to assess the awareness and knowledge level of procurement officers (POs) in Ghanaian tertiary educational institutions regarding sustainability in general and specifically on environmental sustainability in the Public Procurement Act 2003 (Act 663) as amended.Design/methodology/approachThrough purposive sampling technique and face-to-face interviews using semi-structured open-ended questions, qualitative data was collected from 19 POs who are well vested in the procurement profession and willingly agreed to partake in the research. The qualitative data were analyzed using content analysis technique to help organize and elicit meaning from the data collected and to draw realistic conclusions from it.FindingsThe results showed that most POs were aware of the Public Procurement Act 2003 (Act 663) as amended, primarily through seminars and workshops organized by the Public Procurement Authority. The interviewees demonstrated a good understanding of sustainable procurement, considering its social, environmental and economic aspects. However, one respondent primarily associated sustainability with only environmental issues. The POs were, however, of the view that the Amended Act 914 (2016) does not give detailed highlights on environmental sustainability, making implementation very difficult, especially regarding the procurement of goods. Overall, the findings indicate a positive level of environmental sustainability awareness and knowledge among the interviewed POs regarding the Public Procurement Act 2003 (Act 663) as amended.Social implicationsThe findings from the study could be used by policymakers to strategize educational campaigns by using the POs’ knowledge and awareness to the implementers of Act 663 (2003) as amended to effectively ensure environmental sustainability in procurement practices. The findings from the study have also contributed to the literature on procurement policy by drawing the attention of policy formulators to give equal attention to all the sustainability pillars, i.e. social, economic and environmental. This would consequently help the implementers to contribute to achieving sustainable development.Originality/valueThis study is one of the few empirical qualitative types of research seeking the views of POs in tertiary educational institutions in Ghana on sustainability and environmental sustainability as enshrined in the Public Procurement Act 2003 (Act 663) as amended. The findings give positive feedback to policymakers on the knowledge and awareness level of the POs on environmental sustainability and highlight the importance of awareness programmes and educational initiatives by the Public Procurement Authority and other stakeholders to ensure compliance with the Act.

The Implementation of e-Government in Local Authorities in Zambia

Governments, both central and local authorities, have embraced the concept of e-Governance. This study sought to determine the extent of e-Government implementation by local authorities in Zambia by assessing the availability of websites/web portals, online services, and other e-Government systems in local authorities. The study also sought to establish the possible e-Government implementation challenges in local authorities. A quantitative research design approach and a survey strategy were adopted. In this regard, 35 local authorities out of 116 local authorities were purposively selected to take part in the study. Data was collected using a questionnaire and observation checklist. The findings show that only 5 (14.29 %) of local authorities have websites/web portals that provided mainly basic information, except for the website for the Lusaka city council which provided online services including online payment. Further, it was established that all the councils have Facebook pages where they provide information and engage the public. Furthermore, all the surveyed councils practice e-procurement using the Zambia e-Government Procurement platform for Zambia Public Procurement Authority. The majority (70%) of local authorities reported having several challenges which include inadequate funding, limited ICT infrastructure, and lack of skilled IT, intermittent power supply, and unstable internet connectivity.

Crisp and fuzzy appraisal of tenderer’s qualifications in public works procurement in Turkey

PurposeIn Turkish public procurement practice of construction works, only bidders whose capabilities on each qualification criteria meet prescribed thresholds are taken into evaluation; however, final evaluation disregards contribution of contractor’s abilities to the delivery of project. The purpose of this study is to assign reasonable weights to qualification criteria stated in Public Procurement Law applicable for work contracts by the method of analytical hierarchy process (AHP) with crisp and fuzzy numbers and evaluate the results. Having optimum quality structures to obtain value for money and giving weight to environmental concern in tender evaluation stage can assist sustainable economy.Design/methodology/approachTo introduce qualifications of tenderers to evaluation process, a survey was conducted among 20 public procurement specialists at Public Procurement Authority of Turkey. AHP and fuzzy analytical hierarchy process (FAHP) methods were used to obtain the weights for qualifications.FindingsIn any method used in the study, experience became the most important criterion after bid price. Facility, machine and equipment criterion became the second and annual turnover criterion became the third most important criterion.Research limitations/implicationsThe set of qualification criteria used in this study is confined by Turkish Public Procurement Law and secondary regulations. However, as Public Procurement Law is in accordance with European Union directives, the conclusions of the study should not be considered to be geographically limited by the borders of Turkey. Also, professional to take part in the survey were randomly selected from the Public Procurement Specialist working at Public Procurement Authority.Social implicationsThe outcomes of the study may improve sustainability through public procurement.Originality/valueTo the best of the authors’ knowledge, this is the first study offering weights for tenderer’s qualifications to be used in a multi-criteria decision-making process for contractor selection in public work procurement process in Turkey.

HPR31 Analysis of the Difference Between Tender and Reimbursement Prices of Cardiovascular Surgery Medical Devices in Turkiye Between 2017-2021

Social Security Institution(SGK) reimburses medical devices as fee for service approach with published prices in Health Practice Communiqué(SUT) in Turkiye. The aim of this study is to analyze the differences between the public hospitals` tender prices published by the Public Procurement Authority(PPA) and the prices published in SUT for medical devices belonging to the cardiovascular surgery(CVS) between 2017-2021 in Turkiye.

Socially responsible ideas among Swedish public procurers: An exploratory study

Public procurement is increasingly being recognized as a tool to promote corporate social responsibility and a vehicle to help governments achieve their social development goals. Due to their power to intervene and their reliance on tax money, public sector organizations are focused on expanding the inclusion of social responsibility in their public procurement strategies. At the EU level, there is a strong focus on providing new opportunities for public authorities to promote socially responsible public procurement. Utilizing translation theory and following the travel of ideas framework in a Scandinavian institutionalism approach, this study maps the adoption, development, and implementation of social responsibility in public procurement through the five stages of materialization, categorization, transportation, institutionalization, and re-travel. Qualitative data were collected through in-depth interviews with public procurement authorities from municipalities, regional councils, and governmental organizations in Sweden. The findings show that the travel of social responsibility policies in public procurement follows a new Scandinavian institutionalism approach that has brought policy makers freedom in prioritizing social issues but leaves them confused about what to prioritize.Furthermore, while the results show a positive relationship in organizations between their size, measured as full-time procurement employees, and their maturity level in terms of social responsibility, this maturity level is not associated with their procurement spending. The study findings have important implications for research on socially responsible public procurement. Additionally, the data collected from public organizations suggest several ways that policy makers can include, promote, and institutionalize social responsibility in their procurement strategies to reduce disparity and improve social welfare.

Achieving State Corporations Performance through Adoption of Green Procurement Management Policy: A Case of Rwanda Public Procurement Authority, Kigali, Rwanda

Achieving State Corporations Performance through Adoption of Green Procurement Management Policy: A Case of Rwanda Public Procurement Authority, Kigali, Rwanda

Procurement Planning Practices and Organizational Performance at Rwanda Public Procurement Authority in Kigali Rwanda

The purpose of this research project was to analyze the extent which procurement planning affects an organization performance at Rwanda Public Procurement Authority. In conducting this research, three objectives were laid out to determine the effect of procurement plan’s needs assessment on the improvement of service delivery and quality of RPPA, to analyze the impact of procurement plan’s schedules and cost estimation on cost savings of RPPA, to find out the role of types of contract identification on price’s competitiveness of RPPA, and to assess the relationship between procurement planning and organization performance at Rwanda Public Procurement Authority. To achieve these objectives, literature was reviewed on the subject matter, and then data was collected from 34employees of RPPA and they were chosen by using universal sampling technique. Questionnaire, interview and documentation were used as tools of data collection. Findings indicated that “RPPA uses monitoring and evaluating plan procedures for tracking progress and developing lessons to be used in subsequent phases” responded at very highest mean and the responses were homogeneous (mean= 4.68, SD=0.475), and item 1 indicates that “RPPA always defines the requirements and ascertaining the context of the tasks to be performed” responded at very highest mean and the responses were homogeneous (mean= 4.29, SD=0.579), moreover item 2 reveals that “RPPA determines specifications and details of the activity components and ascribing costs to them” responded at very highest mean and the responses were homogeneous (mean= 4.50, SD=0.508). In addition, “Procurement plan’s schedules and cost estimation in RPPA targets operational efficiencies across the end-to-end procurement and contracting process” responded at very highest mean and the responses were homogeneous (mean= 4.71, SD = .486), and item 1 indicates that “RPPA gains greater cost control by setting standards for each type of cost incurred and then highlighting exceptions” responded at very highest mean and the responses were homogeneous (mean= 4.65, SD = .463), moreover item 3 reveals that “RPPA always estimates costs for the procurement processes and their financial plan” responded at very highest mean and the responses were homogeneous (mean= 4.56, SD = .478); “Procurement plan’s schedules and cost estimation in RPPA targets operational efficiencies across the end-to-end procurement and contracting process” responded at very highest mean and the responses were homogeneous (mean= 4.71, SD = .486), and item 1 indicates that “RPPA gains greater cost control by setting standards for each type of cost incurred and then highlighting exceptions” responded at very highest mean and the responses were homogeneous (mean= 4.65, SD = .463), moreover item 3 reveals that “RPPA always estimates costs for the procurement processes and their financial plan” responded at very highest mean and the responses were homogeneous (mean= 4.56, SD = .478). Therefore, inline of findings researcher recommended that RPPA should focus on proper procurement planning to make sure there is link between the procurement plan and budget to prevent buying items which are outside the procurement plan.

The Consequences of Public Procurement and Its Associated Irregularities in Ghana

Ghana spends a large number of its public resources on the acquisition of goods, works and services with most of them being sourced through Public Procurement. The country in its quest to ensure transparency and efficiency in its public transaction established the Public Procurement Authority (PPA) and clothed it with powers by an Act of Parliament to discharge the given responsibilities. However, since 2003 when the 4th Republican rule was instituted, not a single government regime has exited from office without recourse to irregularities associated with the procurement processes as reported by the Auditor General’s Annual Reports or reports by Civil Society Organisations (CSOs). The goal of this paper is to look at the consequences of these irregularities in the procurement process posed to Ghana’s development. The methodology used in carrying out this study centred mainly on secondary data, and some recommendations have been offered for consideration.

Legal consequences of refusal of public procurement authority to conclude the contract with the winner of the competitive procurement procedure

This article proposes to consider the debatable question regarding the legal consequences associated with the refusal of public procurement authority to conclude an agreement with the winner of the competitive procurement procedure conducted in accordance with the Federal Law dated 18.07.2011 No. 223 — FZ “On the procurement of goods, work, services by certain types of legal entities” (hereinafter — “Law No. 223”, the Law on Corporate Procurement). The article doubts the attempts to justify from the current legislation standpoint the existence of the obligation of the public procurement authority to conclude an agreement with the winner of the competitive procurement procedure provided with the possibility of judicial enforcement. In the absence of such an obligation, the author suggests to review the legal measures available to the winner of the competitive procurement procedure in order to protect its interests. At the same time, the article states that such measures are insufficient to the best interests of the winner of the competitive procurement procedure and does not comply with the public nature of relations in the field of corporate procurement. It is proposed to amend the Law on Corporate Procurement to eliminate these inconsistencies.

The impact of staff competence on procurement performance in public procurement in Rwanda:A Case Of Rwanda Public Procurement Authority

The impact of staff competence on procurement performance in public procurement in Rwanda:A Case Of Rwanda Public Procurement Authority

Price and quality: relationship between bid rate and construction performance rating ranking

PurposeThe purpose of this paper is to try to understand the relationship between price and quality in public procurement by using data on the quality of civil engineering works and prices in tenders. By doing so, it tries to conduct a comprehensive examination of the quality of construction works, which has been difficult to recognize and evaluate.Design/methodology/approachThe methodology of this analysis is to collect data on the quality of construction works from the rankings of construction performance evaluations revealed by public procurement authorities. In addition, the prices of bids of the providers in public procurement are also collected from the available data and analyzed. The relationship between the two was statistically analyzed in an objective and verifiable way.FindingsWhat the study found was that the price of the work measured by the bid rate had a positive and significant relationship with the quality of the work measured by the construction performance rating. Furthermore, the panel data were analyzed using panel data for 51 firms that all appeared in the construction performance evaluation for 12 years and participated in at least three bids in each year, and the first-order term of the bid rate was negative and the second-order term was positive and was 10% significant, which is a U-shaped relationship.Research limitations/implicationsThis study is one of the investigations focused on public procurement construction work. One of the limitations of this study is that it is a study of one industry in the Asian region. However, this study focuses on the incentives of business operators. As such, the analysis is applicable to all situations faced by those running businesses.Practical implicationsThe managerial implications of this study include the following: although, improving the quality of construction results is costly, competitive firms are also steadily improving their quality as it is a factor of competition. However, there will come a point where their efforts come to a halt at a certain level. It is necessary to operate the business with this situation in mind. In addition to the company's efforts, it is necessary to lobby the government.Social implicationsAs a policy implication for this analysis, it was possible to evaluate that steady improvement in construction results was confirmed, but the correlation between the relaxation of the competition and the increase in the bid rate was correlated with the decrease in the total amount of public works. This highlights the problem of having to think about measures for the efficient use of the. In addition to this, the fact that the competition situation has been eased can be considered as a problem that it will adversely affect the innovation stimulation of operators, and that it will become necessary to pay more attention to competition limiting acts.Originality/valueThe uniqueness of this paper is firstly that unique data representing the quality of public procurement, which had been difficult to analyze, were collected, organized and used in the study. In addition, not only did we find a positive relationship between quality and price but we also found a U-shaped relationship between them using panel data.

Belediye Gelirlerinin Yapısının ve Gelir Artırımı Konusunda Yapısal Kısıtların Değerlendirilmesi

This study aims to examine the structural constraints of municipal revenues and offer some solutions to increase these revenues, focusing on the revenue structure of municipalities in Turkey for 2010–2018. In this context, the revenue structure of municipalities is analyzed within the framework of financial autonomy. The most serious problems of the municipalities in Turkey are insufficient revenue to finance their expenditures and their financial dependence on the central government. Municipalities do not have the authority to impose new taxes, and they have restrictions on creating alternative sources of revenue as required by the relevant legislation. Consequently, they go into borrowing, especially in financing their investment expenditures. This study discusses three ways of increasing municipal revenues: one is to revise current sources; the second is to generate new sources, and the third one is to use current sources efficiently. The statistical information used within the scope of the study was compiled from the data published by the Ministry of Treasury and Finance, General Directorate of Accounts, and Public Procurement Authority. The current situation analysis and policy synthesis are the methods adopted in the study. Findings reveal that municipalities have structural constraints on the issue of increasing their existing income and creating new sources of income; therefore, an expenditure-oriented perspective is required for municipalities.

The Compliance Control of Negotiated Procedures without Prior Publication in Practice : The Background of Decreasing Statistical Data

The compliance control of the application of negotiated procedures without prior publication is an activity of the Public Procurement Authority, where the Authority has a key role in influencing legal practice, furthermore, its option to initiate a review procedure has a considerable impact on drawing the borderline of the application of this procedure type. The number and ratio of negotiated procedures without prior publication has been lowering for years among the procedures launched by contracting authorities, likewise the transparency of Hungarian public procurements has markedly improved, which beside the legislation is also attributable to the fact that the Public Procurement Authority focuses in particular on ensuring the publicity of procedure documents and the decisions made as a result of the control. As the possibility offered by negotiated procedures without prior publication is indispensable for the satisfaction of certain procurement needs, consequently, in addition to strict compliance control, the establishment of a consistent legal practice is also necessary to implement this procedure type in the spirit in which it was conceived. The overview of past years’ legislative and practical tendencies in terms of negotiated procedures without prior publication presented by this article endeavours to analyse the background of decreasing statistical data and also to describe how the Public Procurement Authority ensures transparency during compliance control and how it supports practitioners in applying this procedure type in compliance with the provisions of the Public Procurement Act.

Exploring the Skills Set Development and its Job Market Relevance of the HND Purchasing and Supply Programme

The study explores the skills set development and its job market relevance of the HND (Higher National Diploma) purchasing and supply programme in Ghana, using a grounded theory methodology. Semi-structured interviews, focus group discussions, observation and documentary analysis were used in the data collection, whereas thematic analysis was applied in the data analyses process. The research findings supported the widely held public perception that skills mismatch exist on the Ghanaian labour market. Besides, the HND Purchasing and Supply practitioners were found to lack managerial skills, confidence (psyche), analytical skills, critical thinking skills, specification development skills, computer skills in terms of data entry, word processing, excel and power point capabilities. Unfortunately, the study did not establish the existence of any practical on the job training in industry to resolve the identified skills deficiency. Although the research revealed that the Public Procurement Authority ( PPA) has been organizing some internships for HND Purchasing and Supply graduates, they still lack hands-on/ practical experience. Nonetheless, the study has confirmed the relevance to practice of the skills set imparted through HND Purchasing and Supply programme.
 Keywords: skills set, skills mismatch, purchasing and supply, job market, unemployment.

Effects of Procurement Strategies and Contract Management Practices on the Performance of Road Construction Projects in Ghana.

Procurement is one of the public sector practices that have taken centre stage in Ghana. A major area where best practices in procurement had been employed is road construction. As a result of the volume of work that has to be done and resources to be utilized, there is the need to adopt best practices and strategies to ensure efficiency and quality delivery of service. This study assessed procurement strategies and contract management practices and how they affect performance of road construction projects in Ghana. The study found that competitive and restricted tendering give value for money because they had the lowest coefficient of variation when compared to the other attributes for road construction. The study dwells on the mixed method and purposive sampling has been deployed in the research. In conclusion, the study suggested that procurement strategy was a critical factor that positively affects performance of road construction projects in Ghana. The study recommends that Public Procurement Authority must strive to improve on its administrative role of monitoring the various District Assemblies to ensure proper Procurement Strategies and Contract Management Practices are always adhered to, so that there will be value for money in Public Procurement Process.

Independence of Public Procurement Authority

Nowadays, many countries suffer from loss of confidence of their citizens. Huge protests are spread throughout many states even in the EU. The time has come to analyse the principles of good governance in order to make states trustworthy organisations again. This paper aims to contribute to the discussion by focusing on independence of state authorities. As public spending is often a cause of citizens’ dissatisfaction with governments, the independence of public procurement authorities shall be analysed in particular. This paper deals with requirements for independence and applies them to a chosen public procurement authority, the Office for Public Procurement, which is the central authority for administration of public procurements in the Slovak Republic. Since there have been many affairs related to misspending of public resources, the de facto independence of the Office for Public Procurement can be questioned. Therefore, the paper puts forward the legal framework in which the Office for Public Procurement operates, discusses its functioning in practice.

Compliance Issues with Public Procurement Regulations in Ghana

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.