Public Procurement Regulations Research Articles

Public procurement and corruption during Covid-19: self-monitoring and whistleblowing incentives after Srebrena Malina

Crises and emergencies tend to increase opportunities for corruption in public procurement. This article shows how the Covid-19 pandemic has given rise to new corruption opportunities and how regulators are trying to combat these, using the example of the case of the Bosnian raspberry firm Srebrena Malina. The literature review concludes that prevention mechanisms focus on the legal and regulatory aspects without considering firms’ perspectives. In contrast, an approach based on summary content analysis may help firms develop potential self-monitoring solutions that they can apply to ensure compliance with anti-corruption regulations and avoid sanctions. Explorative expert interviews with ten international compliance experts are also conducted. The findings illustrate that whistleblowing incentives could foster compliance with existing regulations and policies in public procurement. This article advocates a more consequential implementation of the current anti-corruption and public procurement regulations alongside self-monitoring measures in the form of whistleblowing incentives.

Resilience in Times of Pandemic: Is the Public Procurement Legal Framework Fit for Purpose?

"This article aims to analyze whether the legislation enacted in the field of public procurement in Romania, based on the 2014 EU Directives, is effective in fostering resilience of the public institutions and indirectly of communities, and to provide a fit-for-purpose mechanism for dealing with the pandemic generated by the new type of coronavirus, Sars-CoV-2. The article discusses the necessity of new rules meant to promote swiftly purchases during the state of emergency. Undoubtedly, the pandemic generated crisis has raised some serious challenges to which public procurement regulations is in principle properly equipped to deal with: urgent need for supplies, works and services, but also unemployment or protection of other disadvantaged categories of people. We argue that resorting to specific tools (negotiated procedures, framework-agreements, centralized procurement, sustainable and social procurement, reserved contracts) when carrying out swift interventions generated by the pandemic would have been more suitable during this health crisis or even for preventing the effects of this pandemic. Instead, the attention of the legislator has been concentrated only on (unnecessarily) exempting the swift purchases of medical equipment from the rule of law. "

Government procurement clause in EVFTA and implications for Vietnam

EVFTA is one of the newest endeavors of Vietnam regarding the international integration process, which is anticipated to be beneficial for Vietnam in many aspects across industries. The government procurement sector does not stay out of this influence. This article mainly aims to explore the government procurement sector of Vietnam, the performance of the government regarding managing this market and how it will be affected and reformed by EVFTA. More importantly, by examining the significant factors that may have an impact on the EVFTA's implementation from Vietnam's perspective, the article attempts to assess the compatibility of the current situation of Vietnam with the fundamental conditions to conduct public procurement regulations of EVFTA efficiently. The article collects, summarizes, and analyzes the secondary data from trustworthy sources like the Vietnam General Statistics Office, the ranking table of the International Telecommunication Union, the official annual report of state departments of Vietnam, and other documents like journal articles, research papers,etc. Another methodology employed in the research is the in-depth interviews with professional experts who have been working for several years in the international integration field. the article discovers that Vietnam is capable of implementing EVFTA's chapter 9 efficiently but with more careful preparation. The article also points out that despite of having a strong mindset of globalization, Vietnam's public expenditures are still loosely covered by laws, which leads to irrational allocation on national budget. A number of implications are suggested to localize the EVFTA's regulations and recommendations are made to apply modern technologies to improve the procurement system, especially on the capacity of government on managing the government procurement sector. The authors hope to help state authorities to have a broader look and improve the sector as well as embrace the opportunities from EVFTA regarding government procurement sector.

Improving the enabling environment for evidence-informed policymaking: an example from Indonesia

Background:Indonesia’s growth and prosperity as a lower-middle-income country hinges on the ability of policymakers to develop effective public policies based on evidence. Yet Indonesia’s policy and regulatory environment does not support the production of high-quality evidence and its use in policymaking. Key points for discussion:This article examines an international donor programme which aims to build sustainable capacity for evidence-informed policymaking by improving this enabling environment. The article reflects on the programme’s experience in working with local stakeholders to reform public procurement regulations to make commissioning of research easier. This experience suggests that facilitating stakeholders to work together to define a problem and break it down into its component parts helps generate realistic entry points and feasible solutions. It also suggests that a focus on purposively expanding the space for reform is necessary throughout the reform process. Leadership by individuals with decision-making authority is critical, as is building consensus around problems and maintaining momentum for solving them. Most importantly, to work effectively, programme staff and facilitators need to engage with the political economy of the policy problem. Conclusion and implications:This experience provides lessons for those seeking to support the systems that underpin evidence-informed policymaking in other middle-income country contexts.

Rozważania o odpowiedzialności za naruszenie dyscypliny finansów publicznych i jej charakterze w kontekście art. 17 ust. 1 pkt 1 ustawy o naruszeniu dyscypliny finansów publicznych

This paper focuses on the liability for public finances discipline violation. The grounds for the liability concerning order description that is inconsistent with the public pro-curement regulations will be indicated, i.e. such that could hinder fair competition. A significant part of the study is devoted to a detailed and broad explanation of the terms used by the legislator in Article 17 Item 1 Point 1 of the Act on Liability for Public Finances Discipline Violation. The attention was focused on presenting the essence of the order description, the nature of fair competition, as well as how the term “could” (mogłoby) should be uńderstood. The study ińcludes ań ańalysis of the ińdicated for-mulations that lead to broad and variously argued conclusions regarding the necessity and consequences of the existence of the presented regulations, as well as their impact in terms of legal certainty, implementation of public procurement and participation of the contracting authority in the procedure in this regard.

Experimentation of an Information Model

<p>Wanting to answer the questions unsolved by a previous study supported by a survey with total station, this article illustrates the results obtained with 3D laser scanning acquisitions and photo shot datasets. The precision provided by the phase shift ranging scanner technology has allowed to measure to the millimeter the deviation between the surveyed model (objective of reality, although discontinuous) and the geometric model on these data interpreted. In addition, the mathematical hypotheses useful for parametric modelling (geometry processing) are discussed. Virtualizations have been created by adopting knowledge filters and scientific tools that address to the digital (re)construction (HBIM) that allows to share and manage information and to integrate interoperable models in accordance with current public procurement regulations.</p>

THE IMPORTANCE OF USING DIFFERENT METHODS OF ANALYSIS IN DEALING WITH THE CHALLENGES OF COLLUSIVE TENDERING AND OTHER FORMS OF CORRUPTION IN THE SOUTH AFRICAN PUBLIC PROCUREMENT SYSTEM

This study reviews and examines policy, legislative and institutional frameworks dealing with collusive tendering or bid-rigging as an anti-competitive behaviour and practice in the South African public procurement system. A competitive public procurement system is a constitutional mandate and requirement in South Africa; therefore, the well-functioning government and delivery of services are vital for growth, development and social welfare in any country. The devolution of procurement function assumes that all organs of state have the capability and capacity to detect and prevent anticompetitive behaviour and practices. A postulation is made in this study that public procurement regulations and rules in South Africa are not robust enough on measures to detect and safeguard against bid-rigging and collusive behaviour. Concomitant corruption elements such as the manipulation of the bid specifications, designs, industry and technical standards, and technological choices are also used as tools to undermine competition and aid certain bidders. While competition policy and law are critical in combating the scourge of collusive conduct in the public sector markets, an effective approach involves reforms to the public procurement systems itself. This study advocates for the usage of different methods of analysis in dealing with the challenges of collusive tendering and other forms of corruption in the South African public procurement system. This will require a review of policies, legislation and institutions dealing public procurement and competition.

Getting innovations out of interactions in the public procurement context

Purpose The purpose of this paper is to discuss how a seller can use interactions to respond to public procurement needs for innovation when the buying side is restricted by public procurement regulations. Design/methodology/approach The authors collected data using qualitative semi-structured interviews of different empirical examples, in which private–public interactions of four different high-technological products are studied. Two products belong to the defence industry and two to the civil industry. Findings The findings point to three types of innovations in public procurement: product, service and business model. The empirical examples further indicate, as suggested in previous studies, that innovation is hindered by regulations that limit interaction between suppliers and the public. In addition, the empirical examples indicate that firms mobilize actors in their network when the buyer is restricted in regard to interaction. The findings also add to the IMP literature by comparing interactions in the three types of innovations in the public procurement context. Originality/value Public procurement is an area where innovations are lagging behind, compared with private procurement. Research points to limited interaction between actors as an obstacle to innovation in public sector collaborations. This paper extends the literature on how organizations interact in the setting of public procurement. The authors identify demand and supply triggers for three types of innovations: product, service and business model innovation.

E-Procurement as a Way to Protect the Public Interest

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

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

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

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.

Regulating public procurement in Brazil, India, and China: Toward the regulatory‐developmental state

AbstractSince the 1990s, emerging economies such as Brazil, India, and China have adopted transparency‐enhancing public procurement regulations in line with international norms. Yet they have hesitated to join the World Trade Organization's legally binding Government Procurement Agreement (GPA). Based on the Special Issue framework, this article scrutinizes the underlying domestic and international determinants, and how they influence emerging countries’ positions in two overlapping international procurement regimes. In particular, reform‐oriented state actors, societal pressure, and lesson‐drawing from international templates have induced a strengthening of domestic procurement institutions and turned emerging countries into “promoters” of the international transparency regime. Conversely, the rising powers have remained, to varying degrees, reluctant “spoilers” of the GPA‐based market access regime in order to keep policy space and use procurement for domestic development objectives. The article suggests that this regulatory‐developmental layering of rule‐based governance and interventionist ambitions characterizes the variegated regulatory state in emerging countries.

The influence of the status quo bias theory in the compliance to public procurement regulations in a Sub-Saharan economy

The importance of public procurement cannot be overemphasised, as this is a tool for achieving efficiency and value in acquisition of goods, works and services. Public sector bodies are required to conduct public procurement according to public procurement law. However, user resistance to the compliance of the procurement regulations have been reported in extant literature. Yet, there is lack of research on understanding users' non-compliance of public procurement laws, especially in sub-Saharan Africa nations such as Ghana. This study uses the status quo bias (SQB) theory to investigate why users fail to comply with the public procurement regulations in a Sub-Saharan nation. We collected data from 84 public sector institutions in Ghana and ordinary least square (OLS) regression was used to analyse the measurement and structural models. Three (3) out of the seven (7) hypothesis developed were supported. We offer theoretical and managerial implications.

The influence of the status quo bias theory in the compliance to public procurement regulations in a Sub-Saharan economy

The importance of public procurement cannot be overemphasised, as this is a tool for achieving efficiency and value in acquisition of goods, works and services. Public sector bodies are required to conduct public procurement according to public procurement law. However, user resistance to the compliance of the procurement regulations have been reported in extant literature. Yet, there is lack of research on understanding users' non-compliance of public procurement laws, especially in sub-Saharan Africa nations such as Ghana. This study uses the status quo bias (SQB) theory to investigate why users fail to comply with the public procurement regulations in a Sub-Saharan nation. We collected data from 84 public sector institutions in Ghana and ordinary least square (OLS) regression was used to analyse the measurement and structural models. Three (3) out of the seven (7) hypothesis developed were supported. We offer theoretical and managerial implications.

An organisational approach to sustainable public procurement

The adoption of social and environmental objectives in public procurement was aimed at addressing socio-economic justice and environmental protection in economic development. Studies found inefficiencies in the adoption of sustainable objectives by the public sector due to varied objectives adopted in public procurement and the inefficiency of the adoption process. A qualitative approach was undertaken to investigate the public sector's adoption of social and environmental objectives in public procurement that involved hierarchies, people, and the system of administration and governance. This study found that there were two types of structure in the public sector - a regulatory approach and a collaborative approach. These approaches were found to have different effects on the adoption of social and environmental objectives in public procurement. The findings provided contributions to organisational theory and the practise of public procurement policies and regulations.

An organisational approach to sustainable public procurement

The adoption of social and environmental objectives in public procurement was aimed at addressing socio-economic justice and environmental protection in economic development. Studies found inefficiencies in the adoption of sustainable objectives by the public sector due to varied objectives adopted in public procurement and the inefficiency of the adoption process. A qualitative approach was undertaken to investigate the public sector's adoption of social and environmental objectives in public procurement that involved hierarchies, people, and the system of administration and governance. This study found that there were two types of structure in the public sector - a regulatory approach and a collaborative approach. These approaches were found to have different effects on the adoption of social and environmental objectives in public procurement. The findings provided contributions to organisational theory and the practise of public procurement policies and regulations.

Cel i funkcje zamówień publicznych

Purpose – Public contracts are contracts for consideration concluded between the purchaser and the contractor, which apply to the supply, services and construction works. They play a significant role in the exchange of goods and services and realize the goal of optimal spending of public funds. The article presents the objectives of public procurement regulations as well as the manner of capturing the subject matter of public procurement law. Research method – The literature on the subject was reviewed and the analysis of legal provisions was used.Results – The main purposes of establishing the public procurement system were identified and the functions assigned to the public procurement system were systematized.Implications /recommendations – The purpose and functions of public procurement are important from the point of view of entities spending public funds as well as those carrying out public contracts. It is important to change the approach to the public procurement function, because it should not only be considered as an effective use of public funds by purchasing goods and services at the lowest possible price.

MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract. In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract. In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

The Innovation Procurement Policies and the Development of e‑health in the EU Member States: What Can Be Learnt?

The article presents findings of research on e‑health development in four European Union (EU) Member States in the context of public procurement of innovation (PPI). EU policies attempt to make public procurement leverage for innovation by introducing a number of new tender procedures. Policies and practices in PPI, including e‑health, were investigated for Denmark, Great Britain, Spain and Poland. For various reasons, all four countries struggle with the introduction of the European PPI procedures, and with making a transition to outcome‑based tenders. Though they all introduced policies implementing these procedures, Denmark and Great Britain seem to have achieved better results, having well‑established public‑private collaboration. This correlates with a more efficient adoption of e‑health solutions in those countries. With some minor successes, Spain, and particularly Poland, display attachment to traditional procedures despite changes in the public procurement regulations.