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Poon, Kan-young, and 潘根濃. "The bidding behavior of contractors in private and public sector construction projects." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hdl.handle.net/10722/193476.
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This study investigates the behavior of contractors when submitting bids under different institutional arrangements. Construction projects under the private and public sectors in Hong Kong operate under two distinct contractual and bidding arrangements giving different degrees of risk and uncertainty to the contractors. First, private sector projects in Hong Kong invariably adopt conditions of contracts that shift more risk to the contractor. A typical example is private sector projects do not normally allow fluctuation adjustments, thereby shifting the risks of future increase in prices of construction resources to the contractor. Public sector construction projects include fluctuation clauses for projects of duration over 21 months (Later extended to all contracts via Circular DEVB(PS)107/3 dated 18 July 2008). Second, it is common practice for private sector clients to negotiate with the contractors after they have submitted their bids. Although in some cases, private sector clients may also simply accept the lowest tender, bidders would normally anticipate that they are likely to negotiate with them after the bids are opened. This practice, however, is not allowed in public sector projects. For reasons of public accountability, Government tendering procedures do not allow changes to the bid price after the tenders have been submitted and the time for return lapsed (except for specifically approved cases). This requirement basically bars any price negotiation as in the case of private projects. We conjecture that these two differences in institutional arrangements have significant impact on bidders’ behavior, which would be characterized by the distribution and pattern of the submitted bid prices.
Based on records of bid prices for 105 contracts tendered during the period 1997 and 2007, we found that public sector bids are more skewed to the left (or have a longer tail towards the left) than private sector bids, ceteris paribus. This means that low bids for public sector projects are more scattered than those of private sector projects. This result is consistent with the hypothesis that bidders attempt to hide their true bid prices by submitting higher bids when the client is not bound to accept the lowest tender.
The empirical results also suggest that the bid-spread, as defined by the percentage difference between the lowest and second lowest bid, is higher when post tender negotiation is prohibited. Bidders would tend to submit more aggressive bids for public sector projects, knowing that they would not have a second chance to adjust their bid prices at a later stage. This suggests a higher probability of winner’s curse for public sector projects.
For private sector projects that do not include fluctuation clauses, the bid-spread is also affected by the expected risk of future increase in the prices of construction resources. When such risk is high, bidders will become more cautious when submitting their bids and thus resulting in a lower bid-spread.
The bid distributions for public sector project have thicker tails on both ends compared to those of private sector projects due to its prequalification system and the practice of acceptance of the lowest bid. The empirical evidence in this study confirms this. In addition, market conditions, number of bidders, contract size and the proportion of prime cost and provisional sum as a percentage of the contract sum are also important determining factors of biding behavior.
The results of this study show that institutional arrangements matters in determining bidding behavior. Previous studies that attempt to estimate the distribution of bid prices for construction projects have largely ignored the importance of institutional arrangements, which may therefore lead to biased results. The results of this study contribute to our understanding of bidder’s behavior when bidding for construction projects under different institutional arrangements. The understanding will be useful in handling bidding exercises for new construction projects and the advancement of studies on bidding strategy models.published_or_final_version
Real Estate and Construction
Master
Master of Philosophy
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Kornburger, Michael D. Dobos Jeremy R. "Private military companies analyzing the use of armed contractors /." Monterey, Calif. : Naval Postgraduate School, 2007. http://bosun.nps.edu/uhtbin/hyperion-image.exe/07Dec%5FKornburger.pdf.
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Thesis (M.S. in Defense Analysis)--Naval Postgraduate School, December 2007.Thesis Advisor(s): Roberts, Nancy C. "December 2007." Description based on title screen as viewed on January 17, 2008. Includes bibliographical references (p. 67-73). Also available in print.
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Dobos, Jeremy R. "Private military companies analyzing the use of armed contractors." Thesis, Monterey, California. Naval Postgraduate School, 2007. http://hdl.handle.net/10945/3186.
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"Private Military Companies: Analyzing the Use of Armed Contractors" explores the critical issues that influence the decision to utilize private military companies (PMC) and armed contractors in support of U.S. military operations. The critical issues identified in the thesis address a combination of government, military, and public concerns with the private military industry. Understanding of these critical issues will assist policy makers in determining the validity of the PMC concept and extent to which the U.S. government could utilize armed contractors and consider privatization of combat forces as a viable option to satisfy certain military requirements of this nation. The thesis also expands on the link between the expansion in the private military industry and the shortage of U.S. government resources to satisfy the requirements of its foreign policy decisions. This work focused on the legitimate use of PMCs and armed contractors to support U.S. government and military operations.
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Richardson, Robert R. "Defense co-production : collaborative national defense /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Jun%5FRichardson.pdf.
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Lye, Katy. "A dog eat dog world : the experiences of private security contractors working in Iraq." Thesis, University of London, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.542390.
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Coleman, Sarah Joy. "Stigma as a barrier to help seeking in private security contractors deployed to conflict zones." Thesis, King's College London (University of London), 2018. https://kclpure.kcl.ac.uk/portal/en/theses/stigma-as-a-barrier-to-help-seeking-in-private-security-contractors-deployed-to-conflict-zones(3975a18b-2af2-4ff6-96b9-12f47b28de2d).html.
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Background Stigma is an important and influential factor in the process of help seeking. Contrary to previous research on stigma and help seeking across populations (Clement, 2014), a recent systematic review of stigma as a barrier to help seeking within the Armed Forces (AF) (Sharp, 2015) found no association between stigma and help seeking. The contribution of qualitative literature in this area has largely been ignored, despite the value this research brings to our understanding of complex social constructs such as stigma. The aim of the current systematic review of qualitative studies was to identify appropriate literature, assess the quality and synthesis findings across studies regarding evidence of stigma related barriers and facilitators to help seeking within the AF. Method. A multi-database text word search incorporating searches of PsycINFO, MEDLINE, Social Policy and Practice, Social Work Abstracts, EMBASE, ERIC and EBM Review databases between 1980 to April 2015. In addition references of reviews and grey literature were also searched. Literature was quality assessed using the CASP tool. Thematic synthesis was conducted across the literature. Results The review identified 8 studies with 1012 participants meeting inclusion criteria. Five overarching themes were identified across the literature: 1) Non-disclosure 2) Individual beliefs about mental health, 3) Anticipated and personal experience of stigma 4) Career concerns and 5) Influencing stigma. Conclusions The findings from the current systematic review found that unlike inconsistent findings in quantitative literature, there was significant evidence regarding the relationship between stigma and help seeking for mental health difficulties within the AF. The study advocates for future refinement of measures to accurately capture the complexity of stigma and help seeking.
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Feldman, William Brand. "War and privatization : a moral theory of private protective agencies, militias, contractors, military firms, and mercenaries." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:843f0118-f6bd-419c-bf11-ce05a2ff43de.
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This thesis investigates the moral permissibility of military privatization. My analysis focuses on two distinct concepts: the authorization of war and the supply of war. Entities that authorize war decide that military force will be used and by whom; entities that supply war then execute the various tasks that have been authorized for performance. Part I argues that private actors may not justifiably authorize war. The reason is that, in so doing, they would impose considerable risks on individuals who lack a say in authorization—particularly fellow countrymen who may suffer from retaliatory military action—and we ought not to impose considerable risks on individuals who lack such a say. Public actors have a right, and indeed a duty, to prevent private actors from authorizing military force. Moreover, public actors have a further duty to authorize military force when their constituents are threatened. Part II then seeks to show that public actors who authorize military force may rely upon private contractors to an extent in military supply. Public actors may not rely upon private contractors to exercise command. The reason is that commanders must be able to punish their subordinates in intrusive ways (e.g. imprisonment) to ensure the prosecution of just wars. Such intrusive forms of punishment should only be dispensed by public actors. In addition, public actors may not rely upon private contractors to serve above commanders on the chain of command. Such high-ranking military officers exercise substantial political power over civilian decisions of military authorization and supply; moreover, these officers make weighty decisions in battle that substantially affect the well-being of others. Public actors, however, should be permitted to rely upon private contractors to serve below military commanders on the chain of command in rank-and-file military roles so long as these contractors are properly constrained and regulated.
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Larcher, Paul A. "A model for a contractor support agency." Thesis, Loughborough University, 2000. https://dspace.lboro.ac.uk/2134/7533.
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This thesis is concerned with the development of small scale contractors in developing countries. The global trend towards privatisation has led to an increasing interest in the use of the private sector for the construction of buildings and infrastructure. In developing countries large projects are typically undertaken by large foreign contractors however, there are few small scale contractors to undertake small construction projects or maintenance work. The first stage of the study investigated three issues pertinent to the small scale contracting sector: 1. The problems experienced by small scale contractors and the inter-relationship of these problems 2. Contractor development projects to identify their support mechanisms and assess their level of success 3. A review of the construction industry framework in developed and developing countries to highlight the problems caused by their different structures. The second stage of the study proposes the use of a Contractor Support Agency as the most appropriate support mechanism for the development of the indigenous contracting sector and outlines the roles and activities that should be undertaken by the agency. The Contractor Support Agency model is reviewed by experts in the sector and the analysis of the results presented in the thesis. The thesis concludes that the proposed model is broadly correct and discusses small modifications that can be made to enhance its suitability in a range of different situations.
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Danil, Linda Roland. "The Global War machine : the laws of war, state soldiers, private military and security contractors, and veterans." Thesis, University of Leeds, 2015. http://etheses.whiterose.ac.uk/12624/.
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This thesis examines and constructs a new narrative on the Global War on Terror through the theoretical lens of Deleuze and Guattari’s war machine, in order to demonstrate how certain ways of life are being privileged over others in the Middle East. The thesis sets out the ways in which such privileging is achieved through a range of practices that depend on particular workings of neoliberal capitalism, gender, sexuality, race, ethnicity, law and military power. The analysis is spatio-temporally focused on the 2001 war in Afghanistan and the 2003 invasion of Iraq. A number of case-studies based around the GWOT in the Middle East, as well as case-studies based around PTSD, are analyzed through Foucauldian and feminist post-structuralist discourse analysis, discourse theory, and a Derridean deconstructive approach. Further, this thesis utilizes Foucault’s monster and Derrida’s werewolf as theoretical prisms as a means to conceptualize and articulate the gaps, fissures, and shortcomings of specific laws governing the resort to the use of force in international law (as subsumed under the laws of armed conflict), international humanitarian law, and more broadly, law and the Symbolic. In so doing, it examines the liminal and ambiguous legal positions of States with regards to the use of force, state soldiers and private and military contractors in armed conflicts, as well as beyond with veterans and post-traumatic stress disorder. In analyzing the specific laws governing the resort to the use of force and international humanitarian law, a unique three-stage analysis was applied. This analysis begins by with examining the political aspects of law-making and law interpretation, before addressing the inherent instability of language through différance and a deconstructive reading. The last stage of the analysis draws upon Lacanian psychoanalysis to provide an in-depth explanation of the fundamental gap not just in law, but in the Symbolic generally. This thesis therefore contributes to critical security studies, critical military studies, and critical legal theory.
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Thompson, Nicholas J. "Relationship marketing and client trust toward contractors within the large private building sector of the UK construction industry." Thesis, Oxford Brookes University, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404653.
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Stanley, Bruce Edwin. "Selective privatization of security: why American strategic leaders choose to substitute private security contractors for national military force." Diss., Kansas State University, 2012. http://hdl.handle.net/2097/13610.
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Doctor of PhilosophySecurity Studies Program
Jeffrey Pickering
Ideas about why US foreign policy actors have turned ever more frequently to private military contractors (PMCs) and private security contractors (PSCs) over the past decade and a half abound. Descriptive accounts of the rise of these corporations have become something of a cottage industry over the past decade or so. The various ideas advanced have yet to be placed under rigorous empirical scrutiny, however. This dissertation builds from the existing descriptive literature to advance a new theoretical framework to explain the rise of private contractors. It analyzes this framework as well as alternative ideas using both quantitative and qualitative analysis, marking the first time this important subject has been systematically examined with both social science methods.
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Arnoni, Kiersten Lynn. "War Markets: The Neoliberal Theory and The United States Military." Ohio University Art and Sciences Honors Theses / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=ouashonors1305558754.
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Collins, Kevin G. "America's mercenaries war by proxy /." Fort Leavenworth, KS : U.S. Army Command and General Staff College, 2006. http://handle.dtic.mil/100.2/ADA479409.
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Alotaibi, Saud Saad. "The international contractor's decision to invest : a strategic risk management decision model for public private partnership projects in Saudi Arabia." Thesis, Heriot-Watt University, 2016. http://hdl.handle.net/10399/3161.
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One of the main sources of risks that influence potential project success is the project selection decision, especially for international contractor organisations looking for an opportunity to invest in public private partnership projects in foreign countries. Project selection decision, which involves the bid/no bid decision, is a critical investment decision needs to be made based on concrete project evaluation and risks identifications; where negative-risk is in place if there is an absence of a rational basis at the time of making such a decision. Thus, negative consequences of such a decision might occur. The bid/no bid decision necessitates an effective project evaluation and risk identification from various aspects with consideration of several internal and external factors in order to achieve project success. Bidding for PPP projects overseas without efficiently applying risk management tools and techniques to evaluate both the project and the organisation’s current situation and capability might result either in large losses or consumption of time and resources that could have been avoided. The prime aim of this research is to develop a strategic investment decision model from the perspective of risk management, in order to facilitate the decisions of international contractors who intend to invest in public private partnership projects in the Saudi Arabian construction industry. This aim requires establishing a link between the risk management process and the organisation's strategy and its current situation, and identifying risks involved in the bid/no bid decision, PPP projects, and international investment in order to provide an effective computer-based model that is capable of organising the bid/no bid decision in a rational, logical, flexible, and user-friendly manner. The pragmatic triangulation philosophy approach is adopted as the best research methodology that allows two types of research strategy to be combined in order to accomplish the research aim and objectives. Thus, the methods used are qualitative interviews and a quantitative questionnaire-based survey. The findings of this research identified critical success factors of international contractors’ bidding decisions for PPP projects in the Saudi Arabian construction industry. In particular, seventy-seven factors affecting the bid/no bid decision were used as a foundation for development of a Strategic Risk Management Decision Model (SRMDM), available at www.srmdm.com.
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Gough, Daniel James. "The privatisation of violence : an examination of private military and security contractors and their effect on sovereignty and fundamental rights in a globalised world." Thesis, Birmingham City University, 2018. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.753296.
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This thesis considers the effects the private exercise of coercive violence on the modern nation-state through an examination of the increasing prevalence of Private Military and Security Contractors. It studies the practical implications of the privatisation of violence for Domestic and International Law and seeks to propose an original typological framework for the classification and regulation of PMSCs. This thesis begins by examining the historical relationship between coercive violence and maintenance of power/authority from the perspective of the Westphalian Sovereignty and the resulting state-centric international legal regime. It considers how the ‘violence-power’ relationship has historically been conceptualised through social contract and ‘force of law’ theories and the limitations these suffer in relation to PMSCs. Specific focus is given to the manner in which existing theories have tended towards viewing violence either as an instrument of power or, as a public good and the corresponding implications of the commodification and globalisation of violence. The study, therefore, seeks to develop an original conceptual framework on the nature of coercive violence. This conceptual framework draws upon a body of work built around the theoretical critiques of violence undertaken by Walter Benjamin and Hannah Arendt, allowing the study a unique perspective to analyse the relationship between private violence and governmental power/authority Utilising this conceptual underpinning, this thesis investigates the political and economic factors instrumental in the growth of PMSC activity, considering the expansion of globalisation and neo-liberalism and the corresponding weakening of the nation-state. To highlight the increasing diversity of private actors, the research presents three case studies into the globalisation of coercive violence within national security assemblages namely; Peru, Nigeria and Afghanistan. These case studies first examine the social and political climate in which the growth of private coercive violence developed and identify key security concerns which have affected these areas. Each case studies identifies the legal regulation of PMSCs in the State to understand both how States have sought to limit the proliferation of private violence and understand the difficulties these States have encountered in applying or enforcing these regulations. Drawing upon these case studies, the thesis critically analyses the current attempts to regulate and establish accountability for PMSCs through either domestic or state-centric international Law noting the inherent difficulties within these. It considers how effectively the Montreux Document and the International Code of Conduct for Private Security Contractors are able to regulate the activities of PMSCs before analysing the effectiveness of the international legal regime in regulating PMSCs with a focus on the doctrine of State Responsibility. This notes the inherent difficulties in establishing effective regulatory frameworks and particularly the arbitrary distinctions drawn within these regulations Finally, considering both the practical and theoretical issues identified throughout the research the thesis looks to create an original typological approach to identifying and classifying PMSCs. This approach examines stakeholder relationships and power structures to produce a framework for the classification of PMSC activity and extrapolates trends and features with emphasis on democratic accountability and human rights. The thesis proposes the suitability of this system as a framework for legal regulation in a manner capable of addressing the intricacies and difficulties posed by PMSCs.
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Lussier, Vincent. "Gérer le risque? : e Canada et les firmes militaires privées." Mémoire, Université de Sherbrooke, 2013. http://hdl.handle.net/11143/6524.
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Partant des incidents (Carré Nissor, 2007; Abu Grahib, 2004) ayant amené les services de sécurités privés à l'avant-scène médiatique durant le conflit irakien des années 2000, cette recherche se concentre sur le développement de ces derniers au sein des zones de conflits en Afghanistan et en Irak. En explorant la littérature existante, les nombreux questionnements subsistants donnèrent naissance aux fondements de cette recherche : Qu'en est-il du Canada? Quelles tâches sont sous-traiéees par le Canada à cette industrie? Et plus important encore : Comment le Canada encadre-t-il cette industrie? Faisant le choix de centrer la problématique sur cet encadrement, le chercheur adopte une approche politico-administrative afin d'adresser la situation selon l'angle de l'acteur ayant le plus d'influence, soit le gouvernement canadien. La recherche s'amorce par un détour conceptuel analysant les approches utilisées pour étudier cette industrie, la nature de cette dernière et les fonctions lui étant dévolues. De nombreuses approches sont utilisées pour aborder cette industrie, certaines axées sur les aspects légaux, d'autres sur les impacts sur le domaine militaire ou encore sur les répercussions de l'arrivée de ce "nouveau" joueur sur la scène internationale. Par la suite, l'auteur fait un détour important afin de situer les concepts et la nature de l'industrie et des compagnies qui la compose. On apprend ainsi que cette industrie se définit à la fois selon les types de services offerts et la nature commerciale des compagnies. De nombreuses différences sont notables entre les entreprises composant cette industrie, entre celles fournissant des services logistiques ou celles possédant d'imposantes capacités de projection de la force létale, ou encore entre celles étant des multinationales jouant sur divers échiquiers et celles fondées pour des contrats particuliers. Afin de procéder à une réflexion pertinente sur l'usage canadien de l'industrie des services militarisés, l'auteur s'impose l'étude de l'état de la réflexion sur l'emploi de cette industrie par les gouvernements britannique et américain. En ressortent, le difficile questionnement sur la méthode d'encadrement à adopter, des risques du laisser-aller, des besoins de surveillance de l'exécution des contrats en théâtre d'opérations, des risques de fraudes, des failles législatives relatives aux actions prisent par le personnel civil employé, etc. Le portrait dresse des conclusions tirées par ces États souligne nombre de risques devant être considérés dans le recours au personnel privé pour combler les besoins au sein des zones de combats. L'étude du cas canadien se doit de commencer par un état des lieux de la sous-traitance canadienne. Celui-ci est essentiellement obtenu grâce à une demande d'accès à l'information listant les contrats ayant été octroyés dans le cadre du conflit en Afghanistan par les ministères de la Défense nationale et des Affaires étrangères et du Commerce international. L'étude se concentre par la suite sur le processus contractuel ainsi que l'approche officielle du gouvernement canadien soit le respect des engagements contenus dans le Document de Montreux. Finalement, la recherche procède à l'analyse des risques reliés aux tâches et de la politique, en ébauche, du Ministère de la Défense nationale sur le recours aux sous-traitants en zone de conflit.
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Rainger, Michele Barbara, and n/a. "An examination of the achievements of In-House Options within the Defence Commercial Support Program." University of Canberra. Business and Government, 2006. http://erl.canberra.edu.au./public/adt-AUC20070719.122229.
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The public sector in Australia, as in other western countries, has been accused in recent times of being too costly, too rigid, inefficient and ineffective. What is apparently needed is a public sector that is smaller, less costly, more efficient and more effective.
The search for alternative and better ways to organise and undertake work to meet these reform objectives is at the heart of the rapid expansion of Competitive Tendering and Contracting (CTC) within the public sector in the last two decades. But increased reliance on government contracting does not always lead to outsourcing. Some government agencies allow, indeed encourage, their current employees to also bid for the work on offer by including an In-House Option (IHO) within their CTC processes. In a number of cases these IHOs have been selected ahead of their commercial competitors.
IHOs are effectively internal tenders that, if selected, must be implemented by work areas within the confines of the policies and practices of their parent organisation. The reasons commonly expressed in support of IHOs are to do with addressing the potentially problematic aspects of organisational review and possible outsourcing, and to assist the parent organisation achieve its reform intentions in the most effective and least disruptive manner possible.
This research examined the achievements of six IHOs within the Australian Defence Organisation. It also asked what can be learned from their experiences? The findings show that IHOs can contribute to reform and enhance the effectiveness of CTC processes but that these achievements come at a price�borne primarily by the staff who work within selected IHOs.
IHOs add to the competition of CTC exercises. They also act as an insurance policy against being caught with no reasonable bids and offer a benchmark against which to assess unknown bids. But competition can also focus bidders on doing what is necessary to win rather than what is best for an organisation or its staff. Having IHOs increases the uncertainty for staff about their future employment while at the same times raising expectations that if they can be successful they will be able to make changes and improve their work areas. This research has shown that this does not always occur and staff can find the whole experience frustrating and demoralising.
Organisations that include IHOs within their CTC methodologies need to assist them if they are to have the best opportunity to propose new and innovative ways of working. And they must be prepared for the possibility that their IHOs could win. Selected IHOs need support to successfully implement changes, and as the IHOs examined here have shown, they can make significant improvements in work practices and more efficient use of resources if given the chance.
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Eicher, Michael. "Protecting diplomats in Iraq what can the U.S. Department of State do to improve it's management and oversight of security contractors in Iraq? /." Quantico, VA : Marine Corps Command and Staff College, 2008. http://handle.dtic.mil/100.2/ADA491053.
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Fries, Martin. "Private law compliance through smart contracts?" Universität Leipzig, 2018. https://ul.qucosa.de/id/qucosa%3A21214.
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Smart contracts allow for automated compliance with contractual rules. They derive their “smartness” from an execution software that catches the most typical defaults and responds by mechanically triggering a compensation payment or another prearranged consequence. Through this self-enforcement mode, smart contracts are able to save time and effort that is associated with more customary rights enforcement mechanisms. Now, whereas compliance with in-house rules or corporate governance standards is common today, compliance with contract law only occurs on a voluntary basis. This might, however, change if businesses should be obliged to automatically meet customer claims through smart contracts. On the basis of a sample case, this article examines the pros and cons of smart consumer contracts and carves out the most suitable applications of smart contracts as a means to ensure private law compliance.
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Nait, Hammou Amal. "Performance of incentive contracts in highway PPP projects in Brazil." reponame:Repositório Institucional do FGV, 2014. http://hdl.handle.net/10438/11886.
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Private-Public Partnerships (P.P.P.) is a new contractual model institutionalized in 2004 that could be used to remedy to the infrastructure deficit in Brazil. In a context of a principal and agent relation, the public partner goal is to give incentives to the private partner in the contract so that their interests are aligned. This qualitative research presents the findings of an empirical study examining the performance of incentive PPP contracts in Brazil in the highway sector. The goal is to explain how the contracting parties can align their interests in an environment of asymmetric information. Literature identified the factors that can influence PPP design and efficient incentive contracts. The study assesses the contribution of these factors in the building of PPP contracts by focusing on the case of the first and only PPP signed in the highway sector in Brazil which is the MG-050. The first step is to describe the condition of the highway network and the level of compliance of the private partner with the contract PPP MG-050. The second step is to explain the performance of the private partner and conclude if the interests of both partners were aligned in contractual aspects. On the basis of these findings and the analysis of the contract, the study formulates suggestions to improve the draft of PPP contracts from the perspective of the incentive theory of contracts.
A parceria público-privada é um novo modelo contratual institucionalizado em 2004 que pode ser usado para remediar o déficit em infra-estrutura no Brasil. No contexto de uma relação principal-agente, o objetivo do parceiro público é dar incentivos contratuais ao parceiro privado para que os interesses de ambossejam alinhados. Essa pesquisa qualitativa apresenta os resultados de um estudo empírico que examina o desempenho dos contratos de PPPS com incentivos no Brasil no setor das rodovias. O objetivo é explicar como os contratados podem alinhar seus interesses num ambiente de informação assimétrica. Literatura identificou os fatores que podem influenciar o desenho das PPPs e dos contratos com incentivos eficientes. Esse estudo avalia a contribuição desses fatores no desenho dos contratos de PPPs focando no caso do primeiro e único contrato PPP assinado no setor de rodovias no Brasil, o PPP MG- 050. O primeiro passo é descrever a condição da rede de rodovias no Brasil e o nível de cumprimento do parceiro privado com o contrato PPP MG-050. O segundo passo é explicar o desempenho do parceiro privado e concluir se os interesses dos dois parceiros foram alinhados em aspectos contratuais.Com base nesses resultados e na análise do contrato, o estudo formula sugestões para melhorar o desenho dos contratos de PPPs apoiando-se na teoria dos incentivos em contratos.
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Stallworth, Rachel. "Private Sector Defense Contractor Management Strategies for Contract Fulfillment." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5420.
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Private sector U.S. defense contractors failing to meet contract objectives experience lower profitability, pay costly penalties, and risk survivability. Using the theory of contracts, the purpose of this multiple case study was to the explore strategies that some leaders of U.S. defense contracting businesses use to meet all the contract terms with the U.S. Department of Defense. Data were collected from 5 leaders of private sector defense contracting companies in northwest Florida through face-to-face, semistructured interviews and through a review of operations manuals, quality assurance policy manuals, and archived U.S. Department of Defense contracts. During data analysis using Yin's 5-step process of compiling, disassembling, reassembling, interpreting, and concluding the data, 4 themes on strategies emerged: (a) communication strategy for successful completion of contracts, (b) technology strategy to monitor contract compliance, (c) training strategy for program managers, and (d) subcontractor selection strategy. The findings indicated that communication among all contract parties was an essential component of each of the 4 themes. Computerizing the contracting workflow to monitor compliance efforts, training program managers for effective oversight of contract compliance, and selecting subcontractors were vital elements of the strategies private sector defense contractors used to meet all the terms and conditions of U.S. Department of Defense contracts. The implications for positive social change include the potential for private sector defense contractors to improve the strength of the defense of the northwest Florida community, lower unemployment, and provide a safer environment for humanity.
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Ater, Brandon Dean. "Does Country-Specific Globalization Impact Private Loan Contracts?" Diss., Virginia Tech, 2015. http://hdl.handle.net/10919/73142.
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In this study I investigate the impact that operating in specific foreign countries has on the bank loan contracts of multinational companies. While previous research has shown that increased firm globalization leads to a lower cost of bank debt, I find that this relationship is attenuated when firms operate in countries with certain institutional attributes. Using income levels, creditor rights, and property rights as institutional indices, I test the association of country-level factors with the priced and non-priced components of bank loan contracts. I find that globalized firms operating in low income countries, countries with weak creditor rights, or countries with weak property rights do not receive the same positive debt contracting features as do firms operating in high income countries, countries with strong creditor rights, or countries with strong property rights.Ph. D.
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Fernandez, Rodrigo Nobre. "Ensaios sobre parcerias público-privadas." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2014. http://hdl.handle.net/10183/96673.
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As parcerias público-privadas (PPPs) consistem em um arranjo, formado pelo setor público e privado para a provisão de serviços de infraestrutura, os quais eram previamente providos pelo governo. No ambiente desses contratos realizam-se três estudos, sendo que o desenvolve-se um modelo teórico de PPPs para hospitais. Neste sentido, o regime de bundling, em que as empresas são agregadas em um consórcio, mostra-se se superior ao que as empresas são contratadas separadamente. Isto se dá, porque no primeiro modelo, as firmas conseguem internalizar as externalidades advindas do processo produtivo. Já no segundo ensaio faz-se um modelo computacional de risco moral com loterias aplicado a essa modalidade contratual. As simulações realizadas neste exercício indicam que projetos de valor econômico mais elevado atraem firmas mais capacitadas e esse maior valor monetário provavelmente está correlacionado com a complexidade do empreendimento o que pode ser o motivo das empresas empenharem mais esforço. O terceiro trabalho pretende identificar os determinantes do investimento e do número de projetos de PPPs em economias emergentes. Os resultados indicam que o ambientes de negócios, macroeconômico, político e o sistema legal são os principais preponderantes na formulação destes contratos. Por fim, as PPPs demandam esforços governamentais para o desenho de contratos que coíbam o comportamento oportunista e consigam monitorar de forma adequada as empresas responsáveis pelo empreendimento. O compartilhamento de riscos de certa forma é um mecanismo de proteção para o parceiro privado, mas são necessários o desenvolvimento de contratos bem estruturados, que possam lidar com as possíveis contingências e evitar abusos por parte de ambos agentes.The Public-Private Partnerships (PPPs) consist of an arrangement formed by the public and private sectors for the supply of infrastructure services, which were previously provided by the government. In this contractual environment three studies have been performed. The first one develops a theoretical model for hospitals. In this sense, the bundling system, in which firms are aggregated into a consortium, is shown to be superior to when businesses are hired separately. This happens because in the first model, firms can internalize the externalities arising during the production process. The second essay makes a computational model of moral hazard, with lotteries applied to this type of contract. The simulations indicate that projects with a higher economic value attract more qualified firms and that greater monetary value is likely correlated with the project’s complexity, which may be why the companies pledge more effort. The third paper aims to identify the investment determinants and the number of PPP projects in emerging economies. The results indicate that the business, macroeconomic, political environments and legal system are the main preponderant in the formulation of these contracts. Finally, PPPs require government efforts to design contracts that restrain opportunistic behavior and are able to adequately monitor the companies responsible for the contracts. Risk sharing is a protection mechanism for the private partner, but there is a need to develop well-structured contracts which can deal with possible contingencies and prevent abuses by both agents.
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Gross, Martha E. "Aligning Public-Private Partnership Contracts with Public Objectives for Transportation Infrastructure." Diss., Virginia Tech, 2010. http://hdl.handle.net/10919/28785.
Full textAbstract:
With its central role in the development of public-private partnership (PPP) contracts, procurement structure has a significant influence on the economic and policy success of privately-financed toll roads throughout their lifecycle. Following a review of PPP fundamentals and the public-policy differentiation between public interest and public objectives, several approaches for establishing the key contract strategies of toll pricing, concession length, and risk mitigation are explored. These underpinnings motivate the central research question: Given specific policy objectives for road pricing, how should public owners select PPP contract strategies which support these outcomes?
Through qualitative comparative analysis (QCA), a recently-developed method for evaluating qualitative data quantitatively, patterns of PPP contract strategies which correspond to three common policy objectives--achieving a specific toll rate, managing congestion, and minimizing state subsidy/maximizing revenue--are identified through evaluation of 18 domestic and international projects. Three practical decision-making tools resulting from this work are illustrated through application to current PPP procurements: (1) a traffic-risk worksheet, which provides a rapid estimate of a toll-financed projectâ s viability; (2) analytical QCA results, which offer guidance for structuring PPP contracts based on the desired pricing objectives; and (3) case-library comparisons, which enable drawing parallels between proposed procurements and established PPP projects. Additional insights explore the nature of risk in this study, which concludes with thoughts on the appropriate role of PPPs in infrastructure delivery.Ph. D.
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Andersson, Linda. "Public Private Partnerships (PPP) : theoretical models and a analysis of Swedish contracts /." Stockholm : Arkitektur och samhällsbyggnad, Kungliga Tekniska högskolan, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-9454.
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Schmutzler, David. "Instruments for Private Higher Education Financing." Doctoral thesis, Vysoká škola ekonomická v Praze, 2007. http://www.nusl.cz/ntk/nusl-2283.
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The main objective of the dissertation is to evaluate and compare higher education financing instruments in regard to their practical advantageousness. None of the publications covering higher education financing so far have dealt with the question of practicability and market acceptance of the different higher education financing instruments currently being offered. The author intended to close this gap, providing a practical analysis of the mode of operation as well as a thorough comparison of private higher education financing instruments in respect to their applicability.
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Draf, Oliver. "Selected issues of private international law and of contracts on the Internet." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64271.pdf.
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Lam, Pun-Lee. "Long-term contracts between government and private firms : the Hong Kong experience." Thesis, University of Bristol, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.295090.
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Salifu, Ekililu. "Value for money evaluation of three operational NHS Private Finance Initiative contracts." Thesis, University of Essex, 2017. http://repository.essex.ac.uk/20542/.
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This thesis draws on the analysis of data from interviews, observations, documents and archival records to examine the conditions of possibility for PFI procurements by three English National Health Service (NHS) Trusts and the extent to which these projects are affordable and delivering Value for Money (VfM). Drawing from Bourdieu’s Theory of Practice and his social praxeology, the thesis problematizes the critical explanations for the adoption of PFI by NHS Trusts and the VfM evaluations in operational projects. It contributes to the literature by theorising and empirically examining the operational conditions that have made NHS PFI a viable possibility, and the affordability and VfM issues arising from choosing and implementing PFI. On the conditions of possibility, the thesis finds that the state, through a statecraft of modernisation, structured local dispositions for PFI programmes using multi-layered and multi-directed reforms. Reforms restructuring the bureaucracy and financing of healthcare delivery, together with state-wide neoliberal practices, made Trusts more receptive to the use of the PFI. In addition, the increasingly evolving demands from national healthcare delivery frameworks in their applications to insufficiently resourced Trusts, defined the spatio-temporal adoption of the PFI. The thesis also finds that the projects are relatively unaffordable, but the reasons for their unaffordability are complex and multi-layered. In addition, VfM in operational projects is polysemous; has largely become symbolic and inconsequential, with its pursuit and constitution taken for granted. Ex-post evaluation programmes are not executed as procurers hold the costs of such exercises to outweigh the benefits. Furthermore, HM Treasury’s regime for VfM determination, in application, constructs a VfM reality removed from the ‘lived’ experiences of the procurers; and accounts for the apathetic inertia in PFI procurements. However, this same regime works to the benefit of stakeholders vested with financial and ideological interests in the functioning of the PFI.
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Tsai, I.-Tsung 1970. "Default and renegotiation : financial structure and incentive in public-private partnership contracts." Thesis, Massachusetts Institute of Technology, 2007. http://hdl.handle.net/1721.1/38577.
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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 2007.Includes bibliographical references (p. 98-102).
This research explores the functional relationship between financial structure and agent's cost-reducing effort in the realm of public-private-partnership (PPP) contracting. I consider a canonical contracting problem where incomplete financial provisions are used to govern the execution of a project that involves uncertain cost. The existing literature shows that debt (as opposed to external equity) is the better financing alternative in terms of effort induction. I show, on the other hand, that internal equity (as opposed to debt) is the better financing alternative for effort induction when the parties are allowed to achieve ex post Pareto improvement through self-enforcement, renegotiation, and replacement. Under the assumptions that the consumer surplus is always greater than the realized cost, and that the social cost of public funds (the tax rate) is greater than the private agent's cost of capital, I show that: (1) Ex ante capital structure and control rights regime jointly determine the equilibrium game form of the contract (the agent's effort level and the uncertainty of cost don't matter). (2) The agent's optimal cost-reducing effort is determined by a hold-up factor and a self-enforcement factor. The former is a strict disincentive to the agent's effort, whereas the latter can be an incentive or a disincentive to the agent's effort depending on the capital structure of the contract.
(Cont.) (3) For any given initial capital investment, the agent's optimal cost-reducing effort decreases with the magnitude of debt. (4) For any given initial capital investment, the agent's optimal cost-reducing effort increases with the magnitude of a performance bond when the contract is one with no positive self-enforcement effect. The theoretical result is consistent with the conventional wisdom that internal equity and performance bond generally enhance the agent's devotion to a PPP contractual relationship. This research also contributes a (subjective) PPP contract valuation method that takes into account the underlying agency problem.
by I-Tsung Tsai.
Ph.D.
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Nguyen, Duc Anh. "Improving Public-Private Partnership Contracts through Risk Characterization, Contract Mechanisms, and Flexibility." Diss., Virginia Tech, 2017. http://hdl.handle.net/10919/78275.
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Public-private partnerships (PPPs) have become a significant global phenomenon and governments are utilizing them more frequently to deliver projects that satisfy increasing societal demands in infrastructure sectors such as highways. Compared to traditional project delivery approaches, PPPs are long-term contracts between the public and the private sectors, where the private sector is engaged in more project tasks and accepts more risks. However, due to their long-term and complex nature, PPP contracts face many issues. Consequently, each project's contract becomes vital to project success because it: allocates risks, governs project relationships, and can align parties' interests. This dissertation examined 21 project contracts in the US highway PPP market to investigate risk allocation; contract designs and risk sharing mechanisms; and revenue risk guarantees. Using a content analysis framework, the allocation of 31 risks associated with highway PPPs was determined. These risks were mostly transferred to the private sector or shared between public and private parties, and project context had a significant influence on risk allocation. Assessment of contract designs indicated that the public sector imposes extensive monitoring and retains a majority of the decision rights to preclude opportunistic actions by the private sector; further, risk sharing mechanisms were complex and largely dependent on resolution during project implementation, which likely increases ex post transaction costs. Finally, revenue guarantees, commonly structured as standard options to mitigate revenue risk, were redesigned to incorporate exotic option features; quantitative analysis revealed that exotic structures can better serve chief PPP stakeholders' interests through increased robustness and flexibility.Ph. D.
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Arratia, Juan I. "An analysis on the applicability of a private finance initiative to meet USMC engineer equipment needs." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Dec%5FArratia.pdf.
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Bergquist, Jonatan. "Blockchain Technology and Smart Contracts: Privacy-preserving Tools." Thesis, Uppsala universitet, Avdelningen för datalogi, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-323826.
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The purpose of this Master's thesis is to explore blockchain technology and smart contracts as a way of building privacy-sensitive applications. The main focus is on a medication plan containing prescriptions, built on a blockchain system of smart contracts. This is an example use case, but the results can be transferred to other ones where sensitive data is being shared and a proof of validity or authentication is needed. First the problem is presented, why medication plans are in need of digitalisation and why blockchain technology is a fitting technology for implementing such an application. Then blockchain technology is explained, since it is a very new and relatively unfamiliar IT construct. Thereafter, a design is proposed for solving the problem. A system of smart contracts was built to prove how such an application can be built, and suggested guidelines for how a blockchain system should be designed to fulfil the requirements that were defined. Finally, a discussion is held regarding the applicability of different blockchain designs to the problem of privacy-handling applications.Syftet med detta examensarbete är att utforska blockkedje teknologi och s.k. smarta kontrakt för att bygga applikationer där känslig information hanteras. Huvudsakligen ligger fokus på att utveckla en struktur baserad på blockkedje teknologi och smarta kontrakt för en medikationsplan. Detta är ett typ-exempel för att visa hur en sådan applikation kan byggas, men resultaten kan överföras till andra områden där känslig data delas mellan parter, eller där ett bevis för korrekthet krävs. Först presenteras problemet, varför medikationsplaner behöver digitaliseras och varför blockkedje teknologi är väl anpassat för att implementera en sådan applikation. Sedan förklaras blockkedje teknologi något djupare i detalj, eftersom det är ett relativt nytt koncept. Därefter föreslås en design för att lösa problemet. Ett system av smarta kontrakt är byggt för att visa hur en medikationsplan kan byggas, och riktlinjer ges för hur ett blockkedje system bör se ut för att stödja systemet av smarta kontrakt. Till slut hålls en kortare diskussion om hur olika blockkedje-designer kan användas för att appliceras på problemet med känslig information.
Presentation held externally at Technical University Munich on the 29-5-2017 10.50.
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Figueira, André. "Secure framework for cloud data sharing based on blockchain." Master's thesis, Universidade de Évora, 2018. http://hdl.handle.net/10174/24258.
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Blockchain is a relatively new and disruptive technology that is considered a distributed database working as
a ledger, with the ability to facilitate the recording of transactions and tracking of assets. It is a growing list of
records called blocks linked together by the hash of the previous block, where each block contains the most
recent transactions in the network.
Smart contracts are agreements between entities that are written in code, and, when associated with Blockchain
they will operate without interference, censorship or malicious intentions.
Data Sharing on Clouds is common but requires trust on third parties to ensure various aspects, such as security
and privacy, but these are unknown aspects the owner has no controls over. The Cloud Storage providers
control the data access and sharing over the data. Sharing data through third party services, using unknown
methods is a delicate process regarding the privacy and security aspects. These two aspects are crucial points
when it comes to personal and private data.
In this work, the concept of using Blockchain to create a Data Sharing mechanism is explored. This proof of
concept explores how data access and permissions can be controlled using blockchain and smart contracts, by
giving control to the owner and focusing on smart contracts and blockchain; Sumário:
Framework Segura para Partilha de Dados em Clouds
sobre Blockchain
Blockchain é uma tecnologia relativamente nova e disruptiva, considerada uma base de dados distribuída e
funcionando como um livro de registo. Tem a capacidade de facilitar o registo de transacções e de rastreamento
de bens. É uma lista crescente de conjuntos de registos chamados blocos, ligados um aos outros através da
hash do bloco anterior.
Os Contractos Inteligentes são acordos entre entidades escritas em código. Quando associadados à tecnologia
Blockchain operam sem qualquer inteferência de terceiros, censura ou intenções maliciosas.
A partilha de dados na cloud é bastante comum mas requere confiança em terceiros para garantir que vários
aspectos como segurança e privacidade são assegurados, mas estes são aspectos sobre quais o dono dos dados
não tem controlo. A cloud tem controlo sobre o acesso e a partilha de dados, sendo que a partilha de dados
por serviços de terceiros é um processo delicado quando se refere a privacidade e a segurança desses dados.
Estes são aspectos que são cruciais quando se refere a informação pessoal e confidencial
Neste trabalho, o conceito de blockchain para criar um mecanismo de partilha de dados é explorado. Esta prova
de conceito explora como a partilha de dados e o controlo de acesso pode ser executados usando blockchain
e contractos inteligentes. Isto dando controlo ao dono dos dados e focos em blockchain e contractos inteligentes.
Permitindo que o dono dos dados seja responsável pelos seus dados.
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Kimbembe-Lemba, Aymar. "Le statut des salariés des sociétés militaires privés participant aux conflits armés." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3012.
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Il existe une distinction entre les civils et les membres des forces armées. Cette distinction est implicitement la question de fond de cette étude sur la détermination du statut juridique des salariés des sociétés militaires privées (SMP) participant aux conflits armés. Par ailleurs, la défense et la sécurité de l'État sont assurées par divers acteurs de statuts différents qui ont des rôles bien définis par un cadre juridique : les civils et les membres des forces armées. La distinction sus-évoquée ne se limite pas là, mais elle concerne aussi les seuls membres des forces armées car il existe une distinction interne et une autre externe. Tous les membres des forces armées n'ont pas droit au statut de combattant. En revanche, la négation du statut de combattant à certains militaires n'est que relative et elle n'influence pas leur droit au statut de prisonnier de guerre. Ces militaires sont différents des personnes employées en dehors des forces armées et mandatées par leur employeur pour fournir des prestations auprès des armées sur un théâtre d'opérations. Cette utilisation soulève plusieurs questions en DIH. Les SMP fournissent des prestations qui vont de la logistique à la participation directe aux hostilités. Cette participation directe ou indirecte aux hostilités débouche sur une « hémorragie de langage » pour qualifier les salariés des SMP de mercenaires, de nouveaux mercenaires, de « security contractors », des soldats à vendre, des combattants irréguliers, etc. Ainsi, les salariés de ces sociétés exercent-ils une activité de mercenariat ? Leurs sociétés-employeurs constituent-elles des sociétés de secours ?A distinction is made between civilians and military personnel. This distinction is implicit in the substantive issue of this study on determining the legal status of employees of private military companies (PMCs) involved in armed conflicts. Moreover, the defense and State security are provided by various actors of different statuses that have defined roles for a legal framework. Civilians and members of the armed forces are indeed links in this chain. The distinction mentioned over is not confined there, but it is also about the only members of the armed forces because there is a distinction between internal and one external. All members of the armed forces are not entitled to combatant status. However, the denial of combatant status to certain military is only relative and does not affect their right to prisoner of war status. These soldiers are different from those employed outside the armed forces and mandated by their employer to provide benefits to the armies in a theater of operations. This use raises several issues in IHL. PMCs provide services that go from logistics to direct participation in hostilities. This direct or indirect participation in hostilities leads to a “hemorrhage of language” to describe employees of PMCs as mercenaries, new mercenaries, defense and security contractors, soldiers for sale, irregular combatants, etc. Thus, the employees of these companies undertake specific activities of mercenaries? Their companies-employers do they constitute relief societies ? Are they combatants, noncombatants or irregular combatants ? This is so prompt questions that this thesis attempts to answer
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O'Dea, Liam James. "Contracts, not concrete : de-risking private finance of sustainable infrastructure in emerging markets." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/104514.
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Thesis: S.M. in Management Studies, Massachusetts Institute of Technology, Sloan School of Management, 2016.Cataloged from PDF version of thesis.
Includes bibliographical references (pages [75]-[77]).
Matching long-term infrastructure demands in emerging markets with long-dated capital supply - from pension funds, insurers or sovereign wealth funds - has never been so high on the agenda of governments, climate funds and multilateral development banks. It has been argued that with the right policies and incentives in place, and with careful use of development capital and climate finance, private investors can make a profit financing emerging market infrastructure needs in a sustainable manner. However, this focus on policies and incentives constitutes a model of infrastructure investment risks comprised of country-level and sector-specific macro correlates. In fact there are significant contract-level micro correlates of infrastructure investment risks. Despite the literature on private demand for sustainable infrastructure investments, few have considered the effects of supply constraints on the process. Infrastructure is not yet clearly an asset class and sustainable infrastructure presents greater uncertainty because technologies are new, funding models are uncertain, financing instruments are inadequate, and there is a paucity of cashflow data with which to forecast risk-adjusted returns. Substantial private investment in infrastructure cannot take place without adequate measures of expected risk and performance measures which the market has failed to supply. If sustainable infrastructure is to become an asset class, relevant to the asset-allocation and liability-management of investors, then a change of focus is required from the governments, MDBs, sponsors and climate funds who provide institutional investors with access to sustainable infrastructure assets. The focus should be on collecting project cash-flow data to help answer open questions about cash-flow performance and risks, a task that requires large scale collaboration. Better information on cash-flow performance by contract-level variables enables benchmarking of infrastructure investments in a manner which can add value to strategic asset-allocation decisions. This focus on contracts-not concrete - offers great potential both to de-risk infrastructure investments and to influence up-stream project preparation in emerging markets.
by Liam James O'Dea.
S.M. in Management Studies
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Martin, Tirado Richard J. "El Laberinto Estatal: Historia, evolución y conceptos de la contratación administrativa en el Perú." Revista de Derecho Administrativo, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/51011.
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La contratación administrativa sirve de instrumento para la concreción de los fines del estado, por lo que, desde un punto de vista doctrinario, el autor expone las principales teorías y clasificaciones que se postulan en torno a ella. asimismo, presenta un panorama completo sobre la evolución de la contratación administrativa en el Perú desde su primer periodo en 1950, en el que por primera vez se intentó establecer un orden en el proceso de adquisición de bienes y servicios por parte de las entidades públicas, hasta la actualidad, con una participación cada vez más activa en los procesos de integración económica y comercial.Para finalizar, el autor realiza un valioso aporte detallando los diferentes tipos de contratos que celebra la administración Pública en el Perú, así como las diferentes modalidades de contratos de adquisición de bienes y servicios, los diferentes tipos de concesión y formas de iniciativa privada, incluyendo a las asociaciones Público Privadas.
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Helmersen, Erlend, and Henrik André Pedersen. "Public Private Partnerships, an investigation and comparison with traditional procurement contracts in Norwegian Road projects. : How does Public Private Partnership projects compare with conventional contracts in building, operating and maintaining roads." Thesis, Norges teknisk-naturvitenskapelige universitet, Institutt for industriell økonomi og teknologiledelse, 2014. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-25803.
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A new government gives room for new ideas and the implementation of these. In the case of public private partnerships, it is more that the government is brushing of the dust from something the same governing party (The Conservative party, Høyre) started the last time they had governing power in Norway. In 1998, they started three trial PPP projects in road infrastructure. This is some years ago, and with the rejuvenated focus on PPP, it would be wise to see how the three first projects faired compared to the more traditional way of organising the construction of roads in Norway. A key characteristic of public-private partnerships is that the two tasks of building a facility and subsequently operating it are bundled and delegated to a single private contractor, while under traditional procurement, separate contractors are in charge of these two tasks. This thesis seeks to find what contracts and financing possibilities there are, as well have a look at what the different types offer. The aim is to find out whether it is possible to use the market even better in order to find a solution to build roads with a span longer than the finalisation of the road. By that, the meaning is taking the operation of the road into account. In order to answer these challenges, the aim of this thesis seek to: (1)Create an overview over contract details in the three existing Norwegian PPP projects and compare it to the traditional contract formulation regarding both construction and later operation of the road. The aim is to find a way to describe the governance and payment scheme for PPP compared to traditional contracts.(2)Consider factors that influences the LCC in the PPP contract E39 Klett-Bårdshaug, and evaluate findings with traditional construction and operation contracts.(3)If possible, find a conceptual estimate for the LCC at E39 Klett-Bårdshaug, compared to LCC for similar road elements (road in the day, bridge, and tunnel) from traditional road construction contracts regarding both construction and operation. When looking at what elements in the PPP project E39 Klett-Bårdshaug that effect the LCC, several factors that can be hard to transfer to traditional contract forms is identified, including total enterprises such as the road development contract. The payment model and scheme is something you only get with a PPP project. The findings shows that it is reasonable to attribute many of the positive sides of PPP to the payment scheme, but also most of the negative sides. The road development contract tries to implement some of the positive sides, and the results of the test project in E6 Helgeland will show the output.There are clear differences between the PPP contract used in Norway, and the examples being used as a deterrent against using it. The finance and payment profile in the Norwegian contract will not be affected in the same way by the financial crisis as in other countries. In other countries, the reduced traffic amount due to the crisis lead to the need for governmental support in order to keep the projects going. Some of these projects have changed to a payment scheme more similar to the Norwegian one, where the toll income goes to the Government, which in turn pays out the money from the toll stations and ads over the budget if the tolls does not cover the needed payment sum.Getting relevant figures from the PPP projects turned out to be hard, the same when it came to similar traditional construction and maintenance projects. A report containing general maintenance and construction figures was acquired, which made it possible to do an estimate of what the maintenance costs of the PPP project would be if it were a traditional maintenance contract. The conceptual estimate show maintenance costs for the road according to NPRA standards. Through analysis of the traffic, an alternative way of measuring the traffic is also presented.
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EICHLER, BRUNO SIROTHEAU DE ALMEIDA. "PSYCHOLOGICAL CONTRACT’S BASIS OF PUBLIC WORKERS THAT WERE PREVIOUSLY EMPLOYED IN THE PRIVATE SECTOR." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2013. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=22284@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRONos últimos anos tem sido observado um aumento crescente do interesse da mão de obra de nível superior no Brasil pelos postos de trabalho oferecidos pelas entidades públicas. Esse fenômeno reflete tanto a busca dos novos entrantes do mercado de trabalho por essas oportunidades, quanto uma migração daqueles que atuavam em empresas privadas e decidem ingressar no setor público. Esse aumento de interesse pela área pública se justifica pela existência de um grupo de fatores, considerados importantes pelos empregados, que seriam melhor atendidos nesse setor. Dentre essas questões, encontram-se a necessidade de gerenciamento do próprio tempo, remuneração, estabilidade e prestígio. O objetivo desse trabalho foi compreender os principais pontos que formam a base do contrato psicológico estabelecido entre uma empresa pública e os seus funcionários que são egressos de empresas privadas, com vistas a entender melhor o crescente interesse por essas entidades. Para tal, realizou-se uma pesquisa qualitativa em que foram entrevistados nove indivíduos, atuais funcionários de três empresas públicas federais. Essas pessoas foram entrevistadas com base em um roteiro semiestruturado com perguntas abertas, o que deu espaço para que cada participante contribuísse com aquilo que considerasse mais relevante acerca do tema. Através dessas entrevistas, o pesquisador buscou entender as três etapas do contrato psicológico desses funcionários, de acordo com o modelo de Côrtes e Silva (2006). O resultado foi abrangente e trouxe não apenas as expectativas que contribuíram para a formação inicial do contrato dessas pessoas, mas também os termos que foram agregados no decorrer da relação com a empresa.
The college graduated brazilian workforce has been showing a growing interest to occupy positions in Brazil’s public companies. This phenomenon reflects not only an intention of the labor force newcomers to fill in these opportunities, but also a migration of professionals that used to act in private organizations and decided to enter the public sector. This growth in interest for the public area is explained by the existence of a group of factors, important for the workers, that would be better accomplished in this sector. Among these factors, there’s a need from the worker to manage his/her own time, salary, stability and prestige. This research’s objective was to understand the most important points that built the psychological contract’s basis established between a public company and its workers that were previously employed in the private sector, what would explain the growing interest for these companies. To reach this objective, a qualitative research was made, in which nine employers from three different brazilian federal enterprises were interviewed. These interviews were based on a semi structured questionnaire with wide content questions that intended to give the interviewee the possibility to cooperate with the subjects that he/she understood as the most relevant. Through these interviews, the researcher looked after to understand the three steps that underlie the public worker’s psychological contract, according to the template designed by Côrtes e Silva (2006). The result was wide and embraced not only the expectations that involved initial moment of the contract, but also the terms that have been added through the worker’s relationship with the company.
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Huennemeyer, Anne-Juliane. "Private resource management and public trust, optimal design of forest conservation contracts in Ontario." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/NQ58305.pdf.
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Yoder, Jon. "Wildlife on private land : contracting over wildlife-inflicted property damage and abatement /." Raleigh, NC : North Carolina State University, 1999. http://www.lib.ncsu.edu/etd/public/etd-46531063992951/etd.pdf.
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Ko, Chun Wa Johnason. ""Is adoption of Public Private Partnership (PPP) model in infrastructure contract an effective form of contract to minimize disputes?"." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21844197a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007."Master of Art in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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Du, Toit Hendrick Cornelius Benjamin. "An analysis of construction related contractual issues (risk, time and claim related) in the context of the construction related contractual obligations of the contractor and the employer in fidic yellow (plant and design-build) general conditions of." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4672.
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Nordahl, Helge A. "An analysis of life and pension insurance contracts /." Bergen : Norwegian School of Economics and Business Administration, 2007. http://www.gbv.de/dms/zbw/558155960.pdf.
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Blanc-Brude, Olivia Natalie Jensen. "Cooperation and opportunism under long-term public-private contracts : evidence from water concessions in Asia." Thesis, London School of Economics and Political Science (University of London), 2007. http://etheses.lse.ac.uk/2152/.
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This thesis addresses the implementation of long-term public-private contracts for utility services. Long-term contracts are inevitably incomplete and need to be adjusted over time to take account of new information or changes in the operating environment. Institutional environments, especially in developing countries, are also very likely to be incomplete. The existing literature has tended to focus on one of these two types of incompleteness; this thesis takes the analysis a step further by integrating the two into a single approach. Many contracts contain provisions for periodic adjustments to their terms, 'contractually mandated renegotiations.' Other adjustments will be necessary to rebalance a contract after a major shock, 'shock-induced renegotiations.' This research looks at both these types of adjustment in incomplete institutional environments and considers the behaviour of government and firm actors. The analysis proceeds in three steps. First, regression analysis of an original database of PSP projects, 'WATSUP', is used to test the relationship between institutions the number of PSP projects in each country. This confirms the significance of institutions. Second, a framework for the analysis of government and firm behaviour is developed which takes into account the two types of incompleteness, time inconsistency, actors' time preferences and the role of multiple actors. Third, in-depth case studies of the implementation of PSP contracts for water services in Manila and Jakarta are presented, based on more than 50 personal interviews in the two locations. The findings suggest that contractual incompleteness can be better managed if: the parties agree a set of principles and procedures for contract adjustment at the outset; set out clear lines of responsibility for contract renegotiation and approval; and establish contract-specific regulatory institutions with clearly defined implementation responsibilities.
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Hillebrenner, Astrid. "Die private Zustimmung zu Rechtsgeschäften Dritter im englischen, dänischen und deutschen Recht /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/377402699.pdf.
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Potter, Pitman B. "Policy, law and private economic rights in China : the doctrine and practice of law on economic contracts /." Thesis, Connect to this title online; UW restricted, 1986. http://hdl.handle.net/1773/10786.
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LaSalle-Lund, Arlene J. "Privatization a revolving partnership of the public and private sectors /." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1990. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis--Kutztown University of Pennsylvania, 1990.Source: Masters Abstracts International, Volume: 45-06, page: 2923. Abstract precedes thesis as 5 preliminary leaves. Typescript. Includes bibliographical references (leaves 106-114).
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Zingano, Chitsanzo Ivy. "Challenges of safeguarding national interest in negotiating private investment contracts in Africa: case study on Malawi." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13028.
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Includes bibliographical references.This dissertation seeks to examine how factors like weak and incoherent mining laws, weak governance, transparency and accountability measures, political influence and negotiating power negatively contribute to the negotiation of EDAs in the mining extractive industry of countries that are rich in mineral resources like Malawi. The analysis of these factors is to provide a better understanding why countries like Malawi enter into EDAs on containing terms and conditions that are against their national interest, which in the cases of these contracts are their social and economic development goals. The conclusion of EDAs by countries that want to further their economic development is not reflected in the terms they agree to. Thus the conclusion of these contracts fails to serve the underlying goal, which is to advance social and economic development.
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Lee, Edwin Chung-tat. "A comparative study of project partnering in the private and public sectors of the Hong Kong construction industry." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833763a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2005.Title from title screen (viewed on 27 Mar. 2006) "Dissertation submitted for Master of arts in arbitration and dispute resolution." Includes bibliographical references.