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Journal articles on the topic 'Instrumentalisation of public procurement'

Author: Grafiati

Published: 19 July 2022

Last updated: 1 June 2024

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1

Stawiński, Michał. "Instrumentalizacja prawa zamówień publicznych w Unii Europejskiej w kontekście kryteriów oceny ofert." Przegląd Prawa i Administracji 105 (January 27, 2017): 159–72. http://dx.doi.org/10.19195/0137-1134.105.11.

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THE INSTRUMENTALISATION OF PUBLIC PROCUREMENT LAW IN EUROPEAN UNION IN THE CONTEXT OF TENDER EVALUATION CRITERIAThe article presents the evolution of objectives of public procurement law in the context of tender evaluation criteria. Author divides tender evaluation criteria into two categories: economical and non-economical and presents the evolution of importance of those criteria taking into account the jurisprudence of the Court of Justice of the European Union.

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2

Erridge, Andrew. "Public Procurement." Public Policy and Administration 15, no. 4 (October 2000): 14–24. http://dx.doi.org/10.1177/095207670001500402.

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3

Gillaerts, Pieter. "Extracontractual Liability Law as a Policy Instrument: Public Law in Disguise or in Chains?" Journal of European Tort Law 11, no. 1 (July 3, 2020): 16–36. http://dx.doi.org/10.1515/jetl-2020-0136.

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AbstractExtracontractual liability law is no exception to the general trend of instrumentalisation of private law. It is increasingly being used to pursue goals other than its primary aim of compensation. This instrumentalisation is a dual phenomenon that has developed both out of top-down and bottom-up impulses. Although specific questions may arise for each of these two movements, they encounter a common limit. On a fundamental level, the instrumentalisation is restricted by extracontractual liability law’s primary compensatory function. Other functions, such as enforcement (of rights) or prevention, are grafted onto this primary function and can only be pursued to the extent that they are compatible with it. It relates to the tension created by pursuing public goals through extracontractual liability law as an essentially private law instrument. Attention is needed not to overstretch extracontractual liability law’s prerequisites, which are coherent with its private law embedding. It would turn extracontractual liability law into a dangerous passe-partout. Besides stretching the existing prerequisites, one may also consider alternative instruments for pursuing non-compensatory goals, such as preventive actions. Given the ubiquitous occurrence of the phenomenon, the present contribution will start from Belgian and Dutch law, although the conclusions may reach beyond these legal systems.

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4

Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (June 12, 2018): 40. http://dx.doi.org/10.26417/ejef.v2i2.p40-49.

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Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.

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Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 3, no. 1 (April 12, 2018): 40. http://dx.doi.org/10.26417/ejef.v3i1.p40-49.

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Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.

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6

Heyraud, Yann. "Ordre public international et mariage : entre tradition et instrumentalisation." Revue juridique de l'Ouest 29, no. 1 (2016): 83–108. http://dx.doi.org/10.3406/juro.2016.4697.

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7

Anthony, Allison. "Public Procurement Law." Yearbook of South African Law 1 (2020): 989–1013. http://dx.doi.org/10.47348/ysal/v1/i1a20.

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8

Mukhopadhyay, Bappaditya. "Evaluating Public Procurement." Review of Market Integration 3, no. 1 (April 2011): 21–68. http://dx.doi.org/10.1177/097492921100300103.

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9

Anthony, Allison. "Public Procurement Law." Yearbook of South African Law 1 (2020): 989–1013. http://dx.doi.org/10.47348/ysal/v1/i1a20.

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10

Tátrai, Tünde. "Ethical public procurement." ERA Forum 14, no. 1 (April 5, 2013): 59–68. http://dx.doi.org/10.1007/s12027-013-0290-3.

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11

Tátrai, Tünde. "Joint public procurement." ERA Forum 16, no. 1 (March 10, 2015): 7–24. http://dx.doi.org/10.1007/s12027-015-0374-3.

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12

Пашков, П. А., В. В. Горлов, Ю. А. Муза, and Н. М. Родин. "Public green procurement." Scientific Journal ECONOMIC SYSTEMS 1, no. 219 (2023): 159–66. http://dx.doi.org/10.29030/2309-2076-2023-16-1-159-166.

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It is assumed that green public procurement has a strong economic effect. In the European Union, the Green Course of public procurement involves switching from voluntary to mandatory. This article discusses public procurement using the methodology of law and economics in order to combine approaches from different disciplines and find ways to effectively solve environmental problems through procurement regulation. The main conclusions are that the costs and potential impact of environmental procurement on the environment differ in different industries, and therefore an industry-specific approach should be applied when developing regulation of environmental public procurement. In order to encourage companies to invest and develop their activities in a more environmentally friendly direction, it is important that a large number of customers use agreed environmental criteria. In addition, it is necessary to monitor the impact of green regulation of public procurement on competition, as well as to study the potential of public procurement to achieve environmental goals.

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13

Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (August 1, 2018): 39–48. http://dx.doi.org/10.2478/ejef-2018-0010.

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Abstract Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders - including through the electronic procurement expansion - are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving.

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14

Kikavets, Vitaly V. "PUBLIC INTEREST IN PUBLIC PROCUREMENT." RUDN Journal of Law 24, no. 4 (December 15, 2020): 1039–62. http://dx.doi.org/10.22363/2313-2337-2020-24-4-1039-1062.

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The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

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15

Komakech, Robert Agwot. "The Science of Public Procurement and Administration. International Public Procurement Conference." Advances in Politics and Economics 1, no. 2 (June 26, 2018): 80. http://dx.doi.org/10.22158/ape.v1n2p80.

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<p><em>This paper reviewed Benon C. Basheka book’s chapter on the Science of Public Procurement and Administration published by International Public Procurement Conference in 2013. The objective of the review was to expand on the origin of procurement, highlight the areas that make public procurement discipline to be an art or science and make recommendations for policy makers and researchers. The author found that public procurement is still at its infant stage with little known theory though it has a close relationship with public administration.</em><em> Although public procurement has existed from the time man started trade, procurement was chaotic and disorganized since there was </em><em>nothing unethical or illegal about receiving kickbacks from contractors.</em><em> The author also found that, procurement had no regulations until 1792 when US Congress passed procurement legislation. The major procurement between 300 B.C-3000 B.C was construction of roads, bridges, </em><em>railway networks and supplies of foodstuffs, army uniforms and fighting equipments. The study also reveals procurement as a blend of art and science because</em><em> it is both a theoretical field and an area of practice. The theoretical field (art) is concerned with the teaching or academic study while the practice (science) deals with the day to day activities of procuring and disposing entities. </em><em>The author, therefore recommends scholars to conduct empirical studies among procurement researchers, lecturers and practitioners in relation to the field procurement should belong to so as to have consensus on procurement field/discipline as it was done with procurement meaning. Finally, since there is no consensus between public and private procurement agenda; it means procurement is not a pure science but it is an art and science.</em></p>

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16

Kuprešanin-Vukelić, Anđela. "Commercial instrumentalisation of media and autonomy of professional communicators in the media system of the Republic of Srpska." Politea 10, no. 20 (2020): 57–79. http://dx.doi.org/10.5937/politeia0-29230.

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Commercial instrumentalisation of the media presents one of inevitable dimensions with regard to studying contemporary media systems. Researching into the level of commercial instrumentalisation of the media within a certain media system implies researching into the nature of relationship, that is, interaction of the media, professional communicators, and certain external information agents, such as advertisers and owners of capital. Instrumentalisation of the media for commercial purposes determines, to a great extent, the professional stance of communicators and their autonomy while performing the task of satisfying public interests in relation to the exclusively material orientation of media production, which is reflected on the quality of media contents and media pluralism. The paper examines the intensity and nature of interaction between the media and advertisers in the media system in the Republic of Srpska and implications of this interaction with regard to the journalist profession and media practice, from the point of view of journalists, editors, and media managers. As for the working hypothesis of the paper, the author claims that there are various forms of commercial instrumentalisation of the media in the aforementioned system that jeopardise, either directly or indirectly, the autonomy of professional communicators and meeting the necessary professional standards. For these purposes, the gathering of empirical material is realised by means of a survey poll engaging 150 journalists and 65 editors employed with 27 respective media companies in the Republic of Srpska, as well as by means of interviewing 10 media managers. The paper aims at identifying the forms and intensity of commercial instrumentalisation of the media in the media system of the Republic of Srpska which, apart from being of significance for the autonomy and professionalism of the media and communicators, are major indicators of the nature of the media system on the whole and which primarily determine the course of its transformation.

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17

Ayhan, Berkay, and Yılmaz Üstüner. "Governance in public procurement: the reform of Turkey’s public procurement system." International Review of Administrative Sciences 81, no. 3 (February 23, 2015): 640–62. http://dx.doi.org/10.1177/0020852314548153.

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18

Sönnichsen, Sönnich Dahl, and Jesper Clement. "Review of green and sustainable public procurement: Towards circular public procurement." Journal of Cleaner Production 245 (February 2020): 118901. http://dx.doi.org/10.1016/j.jclepro.2019.118901.

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19

Kovač, Matjaž. "Novelties Regarding Public Procurement Procedures." Lex localis - Journal of Local Self-Government 6, no. 3 (September 2, 2009): 373–412. http://dx.doi.org/10.4335/58.

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The public procurement volume amounts to 10.5% of GDP which represents a considerable part of the Slovene economy. Thus, public procurement remains an important generator of economic growth and one of the key agents for the public financial expenditure policy. The public procurement analysis shows that the public procurement structure and share did not essentially change in Slovenia from 2001 to 2006. The data analysis of the public procurement contracts awarded in 2006 showed that the public procurement contracts were non-uniformly distributed according to their values and the number of procedures. On the one hand, great fragmentation and dispersion of public procurement contracts manifest themselves in the small-value public contract segment and its 25.1% value share in all of the public procurement contracts, but on the other hand, there is concentration of the high-value public procurement contracts in merely few large-volume orders. Key words: • public procurement • public funds • public procurement procedure • economic policy • Slovenia

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20

Harland, Christine Mary, Michael Eßig, Jane Lynch, and Andrea Patrucco. "Policy-led public procurement: does strategic procurement deliver?" Journal of Public Procurement 21, no. 3 (November 30, 2021): 221–28. http://dx.doi.org/10.1108/jopp-09-2021-089.

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21

Bovis, C. "Utilities Procurement – The New Priority in Public Procurement." European Procurement & Public Private Partnership Law Review 16, no. 2 (2021): 89–98. http://dx.doi.org/10.21552/epppl/2021/2/3.

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22

Kuronen, Matti, and Pekka Vaara. "Procurement clinics in public procurement and urban development." Proceedings of the Institution of Civil Engineers - Municipal Engineer 166, no. 4 (December 2013): 265–70. http://dx.doi.org/10.1680/muen.12.00045.

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23

Baldus, Brian J., and Lindle Hatton. "U.S. chief procurement officers’ perspectives on public procurement." Journal of Purchasing and Supply Management 26, no. 1 (January 2020): 100538. http://dx.doi.org/10.1016/j.pursup.2019.05.003.

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24

SLOBODIANYK, Anna, and Nadiya REZNIK. "MANAGING PUBLIC PROCUREMENT APPEALS." Ukrainian Journal of Applied Economics 4, no. 4 (October 30, 2019): 79–85. http://dx.doi.org/10.36887/2415-8453-2019-4-9.

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Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.

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25

Carvalho, Raquel. "Blockchain and Public Procurement." European Journal of Comparative Law and Governance 6, no. 2 (June 3, 2019): 187–225. http://dx.doi.org/10.1163/22134514-00602002.

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Public procurement relies in an apparent irreconcilability between competition, which implies some confidentiality, and transparency. The latest Public Procurement Directives have made e-procurement a mandatory feature. Since blockchain technology has been developed and designed to accomplish integrity, transparency, efficiency and data accuracy, goals which are very much appreciated in public procurement, an interesting question then arises: is there room to apply this technology within public procurement procedures? Will smart contracts be an interesting tool within public procurement? Considering public duties such as data protection, which must be complied with by contracting authorities, and some blockchain features such as non-withdrawable information and the likely broad access to the information there enclosed, one can be drawn to conclude that there is no possible conciliation between these two procedures. The mandatory e-procurement implies some neighbouring problems with this technology. Yet, are there any technological solutions for some of the drawbacks?

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26

SLOBODIANYK, Anna. "PRINCIPLES OF ELECTRONICIZATION OF PUBLIC PROCUREMENT." Ukrainian Journal of Applied Economics 4, no. 3 (August 30, 2019): 273–81. http://dx.doi.org/10.36887/2415-8453-2019-3-30.

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Introduction. In the civilized world, the principles of public procurement are based on austerity criteria; fairness and impartiality of contract award decisions; publicity of the procurement process; efficiency of the procurement process; the importance of accountability. The purpose of the research is to analyze the transfer of the procurement system in electronic format as an effective tool for the goods acquisition, works and services in order to financially support the functioning of state structures to serve public needs, which are maintained mainly at the expense of the state and local budgets. Results. The article deals with the concept essence of «electronic procurement» – that is the newest way of procurement, because it is the passing and controlling in the electronic environment of all stages of the procurement cycle, including marketing research, determining the range of economic agents, procedures for purchasing, placing orders, delivering and paying for them, budgeting and planning for purchases by government agencies. An efficient e-procurement system is highlighted, the key to which is the electronicization of the procurement process, which helps to reduce the operating costs of customers and suppliers; speeding up the procurement process and saving time; a wide range of suppliers; simple and convenient management of the procurement process; clear and transparent access to purchasing information. Conclusions. The electronic public procurement system makes it easier for participants to get started with the state, find the right procurement, submit a bid and win bidding, since all the procurement information is available on the procurement page, and in the change case in the tender documentation, all previous revisions of documents remain in the system, which can be downloaded and viewed. Such transparency of the procedure makes it possible to prevent corruption risks and is a way to develop democratic and open processes in society. Keywords: public procurement, participant, customer, Law of Ukraine "On Public Procurement", tender, auction, public procurement, bidding, open bidding.

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27

Vidakis, I., D. Georgantas, and G. Vlachos. "Public Procurement and Equipment:." European Procurement & Public Private Partnership Law Review 16, no. 1 (2021): 73–77. http://dx.doi.org/10.21552/epppl/2021/1/10.

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28

Ponomareva, E. V., G. V. Kalinina, and T. G. Tsukanova. "VIOLATIONS IN PUBLIC PROCUREMENT." Вестник Алтайской академии экономики и права, no. 6 2019 (2019): 122–26. http://dx.doi.org/10.17513/vaael.601.

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29

Niczyporuk, Janusz. "PROCEDURE OF PUBLIC PROCUREMENT." PRACE NAUKOWE UNIWERSYTETU EKONOMICZNEGO WE WROCŁAWIU, no. 497 (2017): 64–72. http://dx.doi.org/10.15611/pn.2017.497.04.

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30

Bös, Dieter. "Bureaucrats and Public Procurement." FinanzArchiv 58, no. 2 (2002): 103. http://dx.doi.org/10.1628/0015221022905687.

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31

Raczkiewicz, Z. "Public Procurement Soreboard 2018." European Procurement & Public Private Partnership Law Review 15, no. 1 (2020): 70–74. http://dx.doi.org/10.21552/epppl/2020/1/10.

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32

P. Wangelow, V. "EU Public Procurement Law:." European Procurement & Public Private Partnership Law Review 15, no. 2 (2020): 107–23. http://dx.doi.org/10.21552/epppl/2020/2/5.

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33

Heimler, A. "CARTELS IN PUBLIC PROCUREMENT." Journal of Competition Law and Economics 8, no. 4 (October 26, 2012): 849–62. http://dx.doi.org/10.1093/joclec/nhs028.

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34

Thai, Khi V. "Public procurement re-examined." Journal of Public Procurement 1, no. 1 (March 2001): 9–50. http://dx.doi.org/10.1108/jopp-01-01-2001-b001.

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35

Raymond, Jeanette. "Benchmarking in public procurement." Benchmarking: An International Journal 15, no. 6 (October 24, 2008): 782–93. http://dx.doi.org/10.1108/14635770810915940.

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36

Decarolis, Francesco. "COMPARING PUBLIC PROCUREMENT AUCTIONS." International Economic Review 59, no. 2 (March 22, 2018): 391–419. http://dx.doi.org/10.1111/iere.12274.

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37

Burden, Kit. "PUBLIC SECTOR IT PROCUREMENT." Computer Law & Security Review 17, no. 3 (May 2001): 186–88. http://dx.doi.org/10.1016/s0267-3649(01)00315-6.

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38

McGowan, Francis. "Utilities and public procurement." Utilities Policy 1, no. 2 (January 1991): 110–15. http://dx.doi.org/10.1016/0957-1787(91)90038-7.

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39

Swartenbroekx, Jo. "Public procurement: Figure 1." European Journal of Hospital Pharmacy 19, no. 3 (June 2012): 326. http://dx.doi.org/10.1136/ejhpharm-2012-000120.

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40

Sanchez-Graells, Albert. "Competition and Public Procurement." Journal of European Competition Law & Practice 9, no. 8 (September 20, 2018): 551–59. http://dx.doi.org/10.1093/jeclap/lpy060.

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41

TKACHENKO, Nataliya. "TRANSFORMATION OF PUBLIC PROCUREMENT IN UKRAINE." Economy of Ukraine 2018, no. 9 (October 5, 2018): 123–38. http://dx.doi.org/10.15407/economyukr.2018.09.123.

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One of the mechanisms to ensure the public and state needs in goods, works and services is procurement, the principles of which are based on openness, transparency and efficiency. In various periods, rules of procurement in public sector of the economy were changed by regulatory and legal acts. Performance indicators of procurement (such as level of competition, share of competitive purchases and share of canceled bids) were being changed as well. Low performance indicators of procurement have caused negative consequences for the development of the national economy. Continued application of competitive methods of implementation remains unchanged in the evolution of procurement. The latest trend in procurement processes is their automation, which greatly increases the level of openness, but does not solve the problems of timely and high-quality satisfaction of needs in public and the state procurement. Development of procurement in public sector of the economy, depending on state of procurement legal regulation in 2000-2017, is studied. Structure of public procurement, dynamics of canceled trades and structure of the value of concluded contracts by sources of financing and methods of procurement are analyzed. Comparative characteristic of Ukrainian legislation on procurement by various criteria is carried out in the scientific literature. Assessment of the current system of electronic public procurement is controversial in scientific circles. The stages of formation and development of procurement of goods, works and services are determined on the basis of evolution of procurement legal regulations. Dynamics of the main indicators of procurement is analyzed as well. The author used the method of retrospective analysis and statistical analysis methods based on data published by the State Statistics Service of Ukraine, the analytic module of the Prozorro electronic system, reports of international organizations and the Accounting Chamber of Ukraine.

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42

Čudanov, Mladen, Predrag Jovanović, and Ondrej Jaško. "Influence of the Public Procurement Procedure Type on the Duration of Public Procurement." Lex localis - Journal of Local Self-Government 16, no. 2 (April 1, 2018): 361–78. http://dx.doi.org/10.4335/16.2.361-378(2018).

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This study analyses how important is the influence of the procedure type and a number of received bids on the duration of the public procedure process. Efficiency and speed of public procurement process diminish inventory turnaround times, direct and indirect costs of procurement, hastens and improves manageability of core processes in the organizations obliged to the public procurement process. Our study focuses on the quantitative analysis of the influence of the procedural public procurement framework mostly determined by the central government and describes potential other factors of efficiency which can be influenced at the local level. Dataset was obtained from the Public Procurement Office of Serbia, and it included 42,850 cases of public procurement after the correction of missing and “dirty” data. Using statistical methods we have presented two linear models, where the type of procedure and number of received bids account for roughly 23% of the variability in the dependent variable. This paper provides suggestions for improvement of efficiency of public procurement, as well as for data that needs to be tracked to develop more comprehensive, accurate and reliable prediction model of the duration of the public procurement process.

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43

Hruzky, Yuriy. "Comparative analysis of classifications of public procurement." University Economic Bulletin, no. 50 (August 31, 2021): 24–32. http://dx.doi.org/10.31470/2306-546x-2021-50-24-32.

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Relevance of the research topic. The article is devoted to theoretical and practical aspects of classification of public procurement in Ukraine. Formulation of the problem. The development of a scientifically sound classification of procurement, which would provide a combination of theory and practice of public procurement, allowed for a more accurate assessment of the effectiveness of the use of budget funds. Analysis of recent research and publications. The article provides an overview of current publications on public procurement management, as well as scientific approaches to the classification of public procurement. Selection of unexplored parts of the general problem. The author emphasizes the insufficiency of domestic works on the classification of public procurement, taking into account the latest changes in the legislation of our state. The purpose of the article is to analyze the classification criteria of public procurement, as well as to find ways to improve the classification of public procurement. Research methods: dialectical, analysis and synthesis, empirical, statistical. Work results and conclusions. The article considers the theoretical and practical principles of classification of public procurement, analyzes scientific approaches to the classification of public procurement, identifies the main criteria for the classification of procurement, improved the classification of public procurement. Field of application of results. The obtained results can be used primarily in procurement procedures, as well as in improving the economic policy of the state. Novelty: The proposed classification of public procurement, which corresponds to the modern stage of the formation of the sphere of public procurement, reproduces the structure and organization of procurement activities in Ukraine.

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ADEWOYIN, Adewunmi Adelore. "THE STRATEGIES OF LAGOS STATE PUBLIC PROCUREMENT AGENCY FOR IMPLEMENTATION OF PUBLIC PROCUREMENT LAW." Journal of Public Administration, Finance and Law 29 (2023): 32–45. http://dx.doi.org/10.47743/jopafl-2023-29-03.

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This paper examined the strategies put in place by Lagos State Public Procurement Agency in the implementation of public procurement policy. The paper utilised primary and secondary sources of data. Primary data were collected solely through the administration of questionnaires on the respondents. The study population 1,020 comprised the staff members from ministries, and agency that monitors the implementation of procurement policy in the state, Lagos State Public Procurement Agency (LSPPA). Proportionate random sampling technique was used in selecting a sample size of 154 respondents representing 15% of the study population. Secondary data were obtained from books, academic journals, official document of LSPPA and the internet. Data collected were analysed using percentage, frequency, and (RII) Relative Importance Index. The results of the study showed that the strategies put in place by Lagos State Procurement Agency; such as establishment of a threshold (52.6%, rank 7th), constitution of contract performance audit committee (63%, rank 9.5th), supervision of the deliveries (69.5%, rank 9.5th), and creation of a procurement officer’s desk (57.8%, rank 8th) were not adequately substantial strategies put in place in monitoring the implementation of public procurement policy in Lagos state. Moreover, the paper revealed strategies that were adequately substantial which were put in place by Lagos State Public Procurement Agency in the implementation of public procurement law, such as composition of technical review committee (79.9%, rank 1st), appraisal of procurement plan for procuring entities (73.3%, rank 2nd), setting of fair pricing standards and benchmarks (61%, rank 6th), strategic oversight on the contracts (65.6%, rank 5th) , keeping of contractors’ database for proper identification (65.6%, rank 4th), publication of details of major contracts in the State (69.5%, rank 3rd) significantly improved accountability, proficiency, efficacy among the ministries selected. The study therefore, conclude that the strategies put in place by LSPPA, Lagos State Public Procurement Agency in the implementation of public procurement law in the state is substantial, and apt which ensures that procurement law of the State is followed. It was further evident from six claims affirmation as against four claims that refuted it respectively.

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Boros, Anita, and László Kovács. "Characteristics of green public procurement in Hungary." Studia Mundi – Economica 9, no. 4 (2022): 39–49. http://dx.doi.org/10.18531/studia.mundi.2022.09.04.39-49.

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Green, sustainable and circular public procurement are concepts that require a completely different approach from the point of view of public procurement as well. An economic approach that goes beyond the economic aspects of occasional procurement needs and is also suitable for achieving wider effects. The legal foundations for these have already been mostly created by the legislator at the EU and national level. However, the application of narrowly or broadly interpreted green aspects requires the conscious behavior of the entire value chain of the given procurement. In our study, we examined (i) what exactly is covered by some definitions of public procurement classified under the general term of green public procurement (sustainable public procurement, circular public procurement), (ii) what is the ratio of green public procurement in Hungary, and (iii) we tried to formulate proposals for the more effective application of green public procurement.

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Manu, Patrick, Abdul-Majeed Mahamadu, Colin Booth, Paul Olomolaiye, Ahmed Doko Ibrahim, and Akinwale Coker. "Assessment of procurement capacity challenges inhibiting public infrastructure procurement." Built Environment Project and Asset Management 8, no. 4 (September 10, 2018): 386–402. http://dx.doi.org/10.1108/bepam-02-2018-0038.

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Purpose Public procurement capacity is composed of three facets: individual, organisational and an enabling national environment which encapsulates national legislation, policies and institutional arrangements that can facilitate or hamper the effectiveness of procurement. The purpose of this paper is to investigate the extent to which procurement capacity challenges in the national environment affect the effectiveness of infrastructure procurement by public agencies in Nigeria. Design/methodology/approach A total of 30 procurement capacity challenges drawn from literature were operationalized in a survey of infrastructure procurement personnel in different tiers of public agencies (i.e. local and state government) in order to ascertain the critical challenges affecting the effectiveness of infrastructure procurement. The survey yielded 288 responses, which were analysed using descriptive statistics, one-sample t-test and independent-samples t-test. Findings Challenges related to transparency, integrity and accountability are amongst the topmost challenges adversely affecting the effectiveness of public infrastructure procurement. There is limited difference in the extent to which the challenges affect the effectiveness of infrastructure procurement in different tiers of public agencies in Nigeria. Originality/value Whilst various procurement capacity challenges have been identified in the extent literature, this study has shown that an assessment of their effect on the effectiveness of infrastructure procurement could reveal valuable insights regarding the status of public infrastructure procurement within a country, particularly countries in Sub-Saharan Africa and other developing regions where there is acute infrastructure deficits. Such insights could inform appropriate infrastructure procurement reforms by policy makers, procurement entities and infrastructure funders.

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TARAWAT, Abdul Salam. "International experience of public administration and control in the public procurement." Economics. Finances. Law 12/2023, no. - (December 18, 2023): 117–21. http://dx.doi.org/10.37634/efp.2023.12.23.

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Introduction. The regulation of public procurement has always attracted legislators around the world, because the global economy with its economic, legal and political relationships is closely intertwined with the micro-economies of each state. The paper summarizes the international experience of public administration and control in the public procurement and its adaptation in Ukraine in the context of globalization processes. The purpose of the paper is the generalization of modern concepts of state regulation and control of public procurement; adaptation of foreign experience in the efficiency of public procurement in Ukraine. Results. The experience of foreign countries shows the presence of two powerful groups of system control in different countries: two-channel and single-channel system control with courts of ordinary and specialized jurisdictions. Among the key factors inherent in the foreign control system are such as multi-channel, variability, regulation and preventive. Taking into account the EU Directives on system control and legal protection in terms of effective procurement allows maneuvering between public law and civil law, which disciplines actors of public procurement. The domestic system control in the field of public procurement lacks effective regulatory and methodological documents capable of preventing at a high level any manifestations of abuse of government power (the experience of Singapore and the UK). In particular, in terms of regulating the effectiveness of planning, conducting and monitoring the work of state control bodies over public procurement. The Ukrainian system of public procurement lacks such features as impartiality in tenders, high examination of procurement performance, and civil control by society. Along with financial, quantitative, and qualitative losses, political losses are also characteristic of Ukraine in terms of the deterioration of the investment climate in the country, the weakening of the country’s economic and financial system, violation of the principles of free competition, etc. Conclusion. It seems advisable to develop preventive scenarios for «tracking» the procurement system with calculation of the probability of abuse of power, that is, the «chance» on each channel: from the announcement of the tender to its completion. All this together will work like the British or Singaporean model of strengthening the political image of the country, preventing any manifestations of corruption in this area of activity. A necessary innovation seems to be a preventive-oriented and risk-oriented approach to government regulation and control in the public procurements.

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Pysmenna, Mariia, Nataliia Pohribna, and Maryna Kalnytska. "ASSESSMENT SYSTEM OF THE PUBLIC PROCUREMENT EFFICIENCY." Baltic Journal of Economic Studies 5, no. 5 (February 8, 2020): 136. http://dx.doi.org/10.30525/2256-0742/2019-5-5-136-144.

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The purpose of the paper is to set out the in-depth study of how the public procurement performance can be determined through a system that considers the criteria for determining the best (ideal) supplier and the main elements of the assessment of tenders. In order to achieve the goals of the article the following tasks were set: 1) to analyze the development of scientific opinion in the field of public procurement performance assessment; 2) to provide the author’s methodology for determining the criteria of the best (ideal) supplier; 3) to structure the elements of the public procurement procedures assessment system based on the criteria for selecting the best supplier. The paper addresses the need to achieve public spending efficiency by improving the public procurement assessment procedures to determine the best (ideal) provider. Methodology. The study is based on a careful analysis of the criteria for assessing the public procurement effectiveness under the evolution of scientific thought and practice of their implementation. Scientific literature expresses different and opposite views on the criteria, methods of assessment of the public procurement effectiveness by the functioning of customers. Limited research has been identified in the assessment of the procurement proposals at the stage of tendering and determining the best supplier. Results. The paper proposes a system for assessment of the most economically advantageous public procurement offer, taking into account the criterion of selecting the best supplier. This approach involves the unity of five stages of the procurement performance assessment. The characteristics of sequential execution of the assessment in five stages are given as follows: establishment of criteria for the ideal participant of public procurement, development of observations matrices for characteristics of the public procurement participants offers, determination of the vector-standard characteristics of the most economically advantageous proposal, calculation of distances between the characteristics values of the individual participants’ offers and the ideal public procurement offer, the ranking of public procurement bidders, the economic advantage of the offer and the choice of its greatest advantage. The paper provides an opportunity to focus on a systematic approach to determining the public procurement effectiveness. This valuation approach provides a deeper justification for the choice of the procurement vendor, which allows expecting higher procurement performance. Practical implications. The assessment system for public procurement offers, including five stages of the use of procurement performance criteria, can be used by experts to determine the best supplier, regardless of the procurement regulation terms, as its elements provide a comprehensive description of the price and non-price criteria to achieve the effectiveness of procurement procedures. Value/originality. The paper suggests that the selection of public procurement performance indicators to be made within a criteria system based on the selection of the best (ideal) procurement provider. The authors presented their own vision of the components of the public procurement performance assessment system.

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Yoon, Donghun. "The Improvement Policy Design of Public Procurement Process for the Public Management Innovation in South Korea." SAGE Open 13, no. 1 (January 2023): 215824402311582. http://dx.doi.org/10.1177/21582440231158260.

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We introduce and study in this paper the policy design improvement regarding the public procurement process for public management innovation. Public procurement is obtained transparently and efficiently at the exact cost of goods, constructions, services, among others. In addition, it has decreased the national budget and supported the national economic development. Most of the major contributions of public procurement included support for small businesses, jobs, and balanced regional development. Nevertheless, a lot of issues have become apparent during the public procurement process, thus requiring preventive measures. The aim of this study is to demonstrate an enhanced public procurement process and develop efficient policies in the future. For this reason, we investigated the issues regarding South Korea’s public procurement process, and concentrated on policy improvement. It is our intention to provide a highly efficient global public procurement process that can be used as an academic paper that will help in developing South Korea’s public procurement process and policy direction.

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GAVUROVA, Beata, Matus KUBAK, and Martin MIKESKA. "The efficiency of public procurement in the health sector – the platform on sustainable public finances." ADMINISTRATIE SI MANAGEMENT PUBLIC 1, no. 35 (November 27, 2020): 21–39. http://dx.doi.org/10.24818/amp/2020.35-02.

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At present, public procurement processes and their efficiency represent one of the key determinants of public finance system. Many countries of the European Union work intensively on reforming public procurement processes. The main aim of public procurement is to create an open competition in order to achieve the most efficient use of public funds. The Slovak hospitals, that have been inefficiently managed in the long run, are the weakest segment of the healthcare system. Also, the public hospitals continue to generate substantial losses even if many reforms had been implemented to increase cost efficiency. However, medical debt consolidation did not help the hospitals to set optimal functioning of the economic processes in order to improve their management permanently. The primary aim of the study is to examine an impact of selected determinants on an efficiency of public procurement processes in the healthcare system of the Slovak Republic during the 2014 – 2017. The data were obtained from the registers of the Public Procurement Office of the Slovak Republic. The multinomial logistic regression was used to determine the following findings: in case of zero, or positive savings, the number of offers, year of public procurement, type of public procurement procedure, NUTS level of procurement and participation of a subcontractor in procurement process are significant categorical variables. The study results enable a creation of multi-dimensional analyses and support models in order to make effective public procurement processes in the healthcare system. Similarly, these results enable to create comparative benchmarking analyses, and may lead to a creation of new agencies and institutions.

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