Journal articles on the topic 'Tenders'
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Adistana, Gde Agus Yudha Prawira, Mas Suryanto HS, Purwo Mahardi, and Mochamad Firmansyah Sofianto. "ASSESSMENT OF E-PROCUREMENT SUBJECTS' MISSTEPS FOR CONSTRUCTION AND CONSULTANCY SERVICES THROUGHOUT THE SURABAYA CITY AREA AS AN EDUCATIONAL ADJUNCT FOR PROJECT TENDER COURSES." Jurnal PenSil 11, no. 1 (January 30, 2022): 1–9. http://dx.doi.org/10.21009/jpensil.v11i1.25294.
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From the government's perspective, an electronic tender or e-tendering system in the procurement of goods and services in Indonesia is a platform to acknowledge good governance and public services since it enhances cost efficiency, effectiveness, shorter turnaround periods, delivers excellent public monitoring, fosters competitiveness, and increases government accountability. Nevertheless, numerous tenders have managed to fail during the implementation of e-tendering for construction works. The purpose of this study is to identify the factors that contribute to tender failures throughout the Surabaya City area. The factors that contributed to the tender's failure were identified from the results of the 220 construction tenders stated on the LPSE website. Descriptive statistical analysis was used to obtain factors that cause e-tender failures from the data obtained. Administrative, technical, price, and qualification criteria are the most dominant four failure criteria. The most apparent cause for auction failure is the provider's inability to attach references to previous projects.
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Pomazalová, Nataša, and Zbyšek Korecki. "Evaluation of tendered prices of natural mineral water, juice and non-alcoholic beer (public procurement research)." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 4 (2011): 233–40. http://dx.doi.org/10.11118/actaun201159040233.
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The purpose of this paper is to evaluate tender prices of chosen beverages according to public procurement based on secondary data analysis. The empirical results of analysis (t-test and F-test) show that average annual prices of these beverages are different and collected data are not included in the same sample. Tender prices are different in each year of observed years, although are based on public tender. Important evidence is that for the public tenders in the abroad is obligatory use of the Czech public procurement law. According to this act the base evaluation criterion is the lowest offered price. Data were collected during the years 2005–2009. This study deals with empirical approach, variability of prices of chosen beverages based on public tenders between the Czech Republic (Ministry of Defence) and local suppliers in Kosovo. Results show low variability of prices, which are based on public tender and legal approach, regulated public procurement. The research conclusion is the fact, that tender prices for piece of non-alcoholic beverage are less than 10 % from annual mean (pcs./CZK) of tendered prices.
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Nikola, S. O. "TENDERS THEORY FOR STIMULATION ECOLOGICAL-ORIENTED BUSINESS." Economic innovations 19, no. 3(65) (December 19, 2017): 127–34. http://dx.doi.org/10.31520/ei.2017.19.3(65).127-134.
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The article deals with the theoretical and methodological foundations for holding tenders in order to stimulate the environmentally oriented business. The essence of the state stimulating tender for the introduction of business, taking into account the ecological component, which should cover enterprises of different regions of Ukraine, is considered. The purpose of the tender is defined, which is to regulate the state organization of economic and environmental incentives for business entities, which should allocate funds for the implementation of environmental activities. The principles for the implementation of state tenders to stimulate environmental activities conducted by an environmentally-oriented business are: fair competition among participants; maximum savings and efficiency; openness and transparency at all stages; non-discrimination of participants; objective and unbiased evaluation of tender bids; preventing collusion, corruption and abuse. Depending on the way of carrying out state bidding, on stimulating enterprises of eco-oriented business, there are: open; open with prior qualification; trades with limited participation; two-stage bidding; request procedures for the amount of incentive financing. The terms of the tender, which are approved by the tender committee prior to announcement of the tender and are obligatory for its participants to be fulfilled, are determined. In examining, evaluating an application for participation in a tender, the Tender Committee has the right to demand additional economic and ecological information from the applicants, which characterizes the opportunity of renderers� to develop state-funded funds for environmental protection measures provided for in the tender documentation. The financing of the tender is carried out at the expense of state funds and funds of the applicants who wish to take part in the tender. The size of the payment for participation in the tender is determined by the working group and approved by the tender committee together with the estimate for the organization and holding of the tender. These funds are sent to a separate account of the tendered and are used for payment of press releases, premises rent, business trips, communications, development, coordination, reproduction, translation of documents, negotiations, conferences, etc.
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Hillen, Marten, and Sicco Santema. "Towards the Best Value Tender: the SMART Assessment Tool." Journal for the Advancement of Performance Information and Value 5, no. 2 (December 2, 2013): 89. http://dx.doi.org/10.37265/japiv.v5i2.76.
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SMART formulation is an essential aspect of the Best Value philosophy to demonstrate performance, evaluate proposals and is required for the continuous improvements within organizations. Based on an evaluation of projects that have been tendered with the BVP award mechanism, it was concluded that both for the tender documents, as the interviews in the procurement process, SMART formulation allows for significant improvement. This study proposes the SMART assessment tool, which is a straightforward and effective method to assess tender documents on their degree of SMART formulation and is illustrated by application on the studied tenders.
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García Rodríguez, Manuel J., Vicente Rodríguez Montequín, Francisco Ortega Fernández, and Joaquín M. Villanueva Balsera. "Bidders Recommender for Public Procurement Auctions Using Machine Learning: Data Analysis, Algorithm, and Case Study with Tenders from Spain." Complexity 2020 (November 25, 2020): 1–20. http://dx.doi.org/10.1155/2020/8858258.
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Recommending the identity of bidders in public procurement auctions (tenders) has a significant impact in many areas of public procurement, but it has not yet been studied in depth. A bidders recommender would be a very beneficial tool because a supplier (company) can search appropriate tenders and, vice versa, a public procurement agency can discover automatically unknown companies which are suitable for its tender. This paper develops a pioneering algorithm to recommend potential bidders using a machine learning method, particularly a random forest classifier. The bidders recommender is described theoretically, so it can be implemented or adapted to any particular situation. It has been successfully validated with a case study: an actual Spanish tender dataset (free public information) which has 102,087 tenders from 2014 to 2020 and a company dataset (nonfree public information) which has 1,353,213 Spanish companies. Quantitative, graphical, and statistical descriptions of both datasets are presented. The results of the case study were satisfactory: the winning bidding company is within the recommended companies group, from 24% to 38% of the tenders, according to different test conditions and scenarios.
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Dumo O., Mac-Barango. "Bidding/Tendering Strategies: As Success Determinants of Construction Tenders." WORLD JOURNAL OF INNOVATION AND MODERN TECHNOLOGY 6, no. 1 (October 5, 2022): 1–18. http://dx.doi.org/10.56201/wjimt.v6.no1.2022.pg1.18.
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Bidding/Tendering Strategies provide the means through which contractors win jobs. This research examines tenders submitted by contractors with a view to assessing several of the factors that are critical and predominant in the success equation towards winning jobs. The Research also assesses the factors that influence contractors’ tenders as well as the challenges faced in the course of submitting tenders. Using both primary and secondary data sources, the research obtains data on several of the factors that impact on tenders. The statistical technique of central tendency was used for the analysis of the factors which impact on tenders. Research findings reveals as follows: Financial stability of contractor, availability of resources size of construction firm, work experience of construction firm, professional affiliation of contractors are significant variables that impact on tenders. The listed variables recorded values that were between 4.00 and 2.76. The research concludes that financial stability of the contractors with a mean score of 4.00 is the highest ranked factor whilst number of competitors with a mean score of 2.76 is ranked the least factor affecting contractors tender. The research recommends that contractors’ financial stability is a critical factor for consideration during the evaluation of tenders to be submitted by contractors and subsequently the award.
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Mota Pinto, Paulo, Heleni Theodorou, and Ferdinand Kerschner. "BGH, Urteil vom 7. Juli 1998 - Zu den rechtlichen Auswirkungen eines Kalkulationsirrtums -." European Review of Private Law 9, Issue 1 (March 1, 2001): 133–48. http://dx.doi.org/10.54648/335695.
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The decision of the BGH was based on the following set of facts: The claimant, a public authority, advertised for tenders for carpentry work on a building project. The defendant building firm submitted the lowest tender - in comparison with five others received. After the deadline for submission of tenders had passed, the building firm informed the claimant that an error had been made in the calculation of the tender price. The transport and assembly costs had been left out by mistake, and the firm asked the claimant to take the tender out of the competition and offer the contract to someone else. The claimant refused to do so, and gave the contract to the defendant without taking the error into consideration. When the defendant did not proceed with the work, it was eventually given to someone else. The claim asserted against the defendant was for the additional costs incurred in comparison with the defendant's tender. The Landgericht dismissed the claim, and the claimant's appeal was also unsuccessful. The appeal in revision by the claimant led to the quashing of the appeal court's decision and a reference of the case back to the appeal court. According to the judgment of the BGH, an mistake in calculations was not of itself a sufficient reason for avoiding a contract, if the recipient of the erroneous information knew of it or had avoided obtaining that knowledge in bad faith. Nevertheless, the recipient of the erroneous information - on the basis of precontractual responsibility or abuse of rights - might be obliged to point out to the informer his mistake. In the tendering process, a public contractor was not usually under any obligation to check the tenders for mistakes in calculation or to make further investigations; but exceptionally such a duty might exist when the fact of a mistake in calculation and the unreasonable consequences thereof for the tenderer is obvious from the tender or from other circumstances known to the contractor. The following contributions examine the judgment from the standpoint of Austrian, Portugese, Swedish and Greek law.
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Pliatsidis, Andreas Christos. "Impact of the time limits for the receipt of tenders on the number of bidders: evidence from public procurement in Greece." Journal of Public Procurement 22, no. 4 (November 1, 2022): 314–35. http://dx.doi.org/10.1108/jopp-05-2022-0025.
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Purpose The purpose of this paper is to examine how the period for which a public procurement notice remains open for bidding (Δt) affects the number of bids. Design/methodology/approach The authors investigated data for 2.404 open procurement tenders in Greece for the years 2018–2021. Using Δt as the grouping factor, the authors defined two samples based on the European Union time limits for the receipt of tenders. Group 1 (Δt ≤ 35) contains all tenders for which the contracting authorities (CAs) have chosen to limit themselves to the minimum number of days allowed by law. Group 2 (Δt>35) includes the remaining tenders where CAs have chosen to keep their notices open for periods beyond the existing minimum time limits, as they are encouraged to do by law. Findings A Mann–Whitney U test, in combination with graphical analysis, revealed that CAs from Group 2 tend to enjoy more bids per tender, that is, more intense competition. Social implications The paper allows decision-makers and legislators to understand the relationship between the time CAs choose to keep their notices open for bidding and the number of bidders in each tender, that is, competition, which according to other authors, affects the outcomes of public procurement procedures. Originality/value The paper fills the research gap regarding the relationship between time for preparation and the number of bids in each tender.
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Larsen, Jesper, Lene Ussing, and Thomas Bruno. "An analysis of project selection and assignment criteria of Danish tenders in Europe." International Journal of Construction Supply Chain Management 3, no. 2 (December 31, 2013): 16–26. http://dx.doi.org/10.14424/ijcscm302013-16-26.
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Public construction agencies are one of the largest developers within the Danish construction industry, where such agencies own and develop new public construction projects. Most of these projects are put out in European tender. This study analyses the selection and assignment criteria employed by these agencies in different types of public sector projects.Some of the objectives pursued by the study include the determination of 1/ the selection and assignment criteria mostly used in Danish public tenders 2/how different types of projects use selection and assignment criteria in the bidding process, and 3/any significant difference between the use of selection and assignment criteria in Danish public construction projects. The study uses a quantitative research approach where 157 Danish public tender cases were selected from the European Tenders Electronic Daily database between the period: January 2010 to March 2013. Fisher's Exact Test was conducted to determine if there was any significant use of some selection and assignment criteria. The findings of the study showed that invited tenders with pre-qualification and lowest pricein 69.8% of the tenders are the most used selection and assignment criteria, with little regard to project type.
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Salvatore, Fiorella Pia, Simone Fanelli, Gianluca Lanza, and Michele Milone. "Public food procurement for Italian schools: results from analytical and content analyses." British Food Journal 123, no. 8 (May 18, 2021): 2936–51. http://dx.doi.org/10.1108/bfj-09-2020-0807.
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PurposeThe study objective was to understand if uniformity of approach exists in evaluation methods of public food tender for schools at national and local level. This purpose was divided into three sub-objectives: (1) to extract the main criteria, (2) to document the synthesizing findings process and (3) to prioritize the different decision-making alternatives through pairwise comparisons.Design/methodology/approachTo achieve the sub-objectives (1) and (2), a content analysis of the Italian food tenders was carried out. Analytic hierarchy process was used to evaluate and compare the importance of various food tender evaluation criteria (3). The inclusion criteria were: cities' selection; metro area population; population density; duration of the contract; years.FindingsSix public food tenders were analyzed. The first one concerned the National legislation guidelines. The remaining five food tenders were categorized according to the city investigated. Four macro-categories (Food quality; Sustainability; Resources; Ancillary services) were classified. AHP revealed that “Food quality” and “Resources” categories have greater importance in the evaluation phase of almost all cities investigated.Originality/valueThis study in-depth analyzes each criterion used to evaluate public food tenders, providing a new methodological framework for assigning scores to clusters of criteria. Since the literature search did not reveal any previous study on a quantitative evaluation of elements such as short supply chain, organic food and environmental impacts on public food tenders, this research delivers interesting results and fills this knowledge gap.
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Bolton, P. "Disqualification for non-compliance with public tender conditions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (November 14, 2014): 2314. http://dx.doi.org/10.4314/pelj.v17i6.03.
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When government entities procure goods or services, they generally consider and award contracts only to bidders who complied with the specifications and conditions of tender as laid down in the tender invitation. Tenders received must in other words be conforming, compliant or responsive. This enables procuring entities to compare tenders on an equal footing and ensures equal treatment amongst bidders. In South Africa the extent to which bidders must comply with tender specifications and conditions is a thorny issue in practice. In 2008 the Supreme Court of Appeal in Millennium Waste Management (Pty) Ltd v Chairperson, Tender Board: Limpopo Province confirmed the views of the courts in South Africa regarding compliance with tender conditions and the amendment of tenders before award. The recent 2013 decision of the Supreme Court of Appeal in Dr JS Moroka Municipality v The Chairperson of the Tender Evaluation Committee of the Dr JS Moroka Municipality, however, has moved public procurement regulation in South Africa to a point where procuring entities have very limited discretionary powers when evaluating compliance with tender specifications and conditions. This paper argues for an approach that allows procuring entities in South Africa more discretion when evaluating compliance with tender specifications and conditions. In doing so, reliance is placed on the treatment of "responsiveness" in international instruments as well as the views of the South African courts since first they were confronted with the issue.
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Díez-de-Castro, Emilio, Francisco Díez-Martín, and Martin Madrid-Sanz. "The Organizational Legitimacy as an Entry Barrier in Large International Contracts." Harvard Deusto Business Research 8, no. 2 (July 15, 2019): 175. http://dx.doi.org/10.3926/hdbr.247.
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In the public tender processes of large international contracts, the organizational legitimacy is considered a prerequisite to limit the risk of engagement with companies that do not have it. The instrument usually used by the contracting parties is the Pre-qualification Questionnaire, which acts as a real entry barrier for contractors to participate in subsequent tenders. In this research we analyze the legitimacy requirement in tender processes. We focus on large contracts, mainly for the public sector but not limited to, based on documents accessible through public digital media. The research defines and provides content to the variables that shape the different legitimacy sorts required to the organizations to participate in large construction and trade tenders. The results suggest that the legitimacy requirements to the bidders are multidimensional, which entails that to participate in public tenders several legitimacy dimensions are evaluated. The weight of the different kinds of legitimacy in relation to the legitimacy global requirements is also analyzed.
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Bindseil, Ulrich. "Over- and Underbidding in Central Bank Open Market Operations Conducted as Fixed Rate Tender." German Economic Review 6, no. 1 (February 1, 2005): 95–130. http://dx.doi.org/10.1111/j.1465-6485.2005.00123.x.
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Abstract Open market operations play a key role in allocating central bank funds to the banking system and thereby in steering short-term interest rates in line with the stance of monetary policy. Many central banks apply so-called ‘fixed rate tender’ auctions in their open market operations. This paper presents, on the basis of a survey of central bank experience, a model of bidding in such tenders. In their conduct of fixed rate tenders, many central banks faced specifically an ‘under-’ and an ‘overbidding’ problem. These phenomena are revisited in the light of the proposed model, and the more general question of the optimal tender procedure and allotment policy of central banks is addressed.
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Osipova, E. V., and T. G. Smirnova. "The Main Barriers to Increasing the Effectiveness of Competitive Public Procurement of Research Research (Results of a Sample Survey of Government Customers)." Russian competition law and economy, no. 3 (August 20, 2021): 50–57. http://dx.doi.org/10.47361/2542-0259-2020-3-23-50-57.
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The article authors emphasizes objective and subjective factors of public procurements efficiency reduction. This review are based on state customers for research and development survey results. The authors states the proposals for involving larger number of participants for competitive procurements including temporary creative teams and individual scientists.According to authors, expanding the circle of tenders participants at scientific individuals and their teams expense can improve efficience of research and development public procurements by qualitative shift of competitiveness nature with priority for influence of scientific experience and potential of individual scientists (research teams) tender specification conformity assessment.Efficience improvement for research and development tenders is impossible without creation of united aggregator for such tenders. According to authors, such united aggregator creation function can be assigned to Russian Academy of Sciences or The Russian Foundation for Basic Research.
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Towner, Marcus, and David Baccarini. "Risk Pricing in Construction Tenders - How, Who, What." Construction Economics and Building 7, no. 2 (November 23, 2012): 12–25. http://dx.doi.org/10.5130/ajceb.v7i2.2987.
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Construction projects are most commonlyprocured in Australia by means of atraditional design-tender-build model,whereby design is largely completed thencontractors submit tenders in acompetitive environment. Constructioncontractors must consider risks within theirtenders. This paper reports the researchfindings into pricing for risk in competitivetenders by construction contractors. Theresearch is based on structured interviewswith 10 contracting personnel;supplemented by 23 responses ofconstruction personnel from an onlinesurvey. Two common methods to price forrisk are a trade-by-trade basis or anoverall percentage or lump sum addition tothe base estimate. Experience andintuition plays a significant role in pricingfor risk in tenders and the number andtype of people involved varies with projectsize, with greater involvement as projectsize increases. The most significant riskspriced in tenders were: availability ofresources; design or documentation errors;incomplete design; buildability issues; andinclement weather. The most significantproject factors considered by contractorswhen pricing for risk in tenders are: valueof liquidated damages; type ofcontract/procurement; completeness ofdocumentation; project complexity; and. current workload. These risks and projectfactors are primarily those over which thecontractor has limited or no control.
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Tower, Marcus, and David Baccarini. "Risk Pricing in Construction Tenders - How, Who, What." Construction Economics and Building 8, no. 1 (November 23, 2012): 49–60. http://dx.doi.org/10.5130/ajceb.v8i1.2997.
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Construction projects are most commonlyprocured in Australia by means of a traditionaldesign–tender–build model, whereby design islargely completed then contractors submittenders in a competitive environment.Construction contractors must consider riskswithin their tenders. This paper reports theresearch findings into pricing for risk incompetitive tenders by constructioncontractors. The research is based onstructured interviews with 10 contractingpersonnel; supplemented by 23 responses ofconstruction personnel from an online survey.Two common methods to price for risk are atrade-by-trade basis or an overall percentageor lump sum addition to the base estimate.Experience and intuition plays a significant rolein pricing for risk in tenders and the numberand type of people involved varies with projectsize, with greater involvement as project sizeincreases. The most significant risks priced intenders were: availability of resources; designor documentation errors; incomplete design;buildability issues; and inclement weather. Themost significant project factors considered bycontractors when pricing for risk in tenders are:value of liquidated damages; type ofcontract/procurement; completeness ofdocumentation; project complexity; and currentworkload. These risks and project factors areprimarily those over which the contractor haslimited or no control.
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Stuurman, Anke L., Caterina Rizzo, and Mendel Haag. "Investigating the procurement system for understanding seasonal influenza vaccine brand availability in Europe." PLOS ONE 16, no. 4 (April 8, 2021): e0248943. http://dx.doi.org/10.1371/journal.pone.0248943.
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Background Timely knowledge of which influenza vaccine brands are procured and where is of interest to inform site-selection for brand-specific influenza vaccine effectiveness (VE) studies. Vaccine procurement is a key determinant of brand availability. We therefore sought to understand how the procurement for seasonal influenza vaccine in Europe is organized, how this drives brand availability and how procurement data could enable to determine brand availability pre-season. Methods Structured telephone interviews were conducted with 15 experts in 16 European countries between 2017 and 2019 to collect information on the influenza vaccine procurement systems. Sources of (brand-specific) procurement data were identified and assessed on public accessibility. Vaccine type and brand availability and timelines were determined for the 2019–20 season to understand how procurement systems drive brand availability and diversity. Results Four main types of procurement systems for seasonal influenza vaccination campaigns were identified: national public tenders (Croatia, Denmark, Finland, Ireland, Lithuania, Netherlands, Norway, Scotland, Slovenia), regional public tenders (Italy, Spain, Sweden), direct purchase of vaccines by GPs (England, Wales) or pharmacies (Belgium, France, Germany, Greece) from manufacturers or wholesalers. National public tender outcomes are publicly available and timely; brand availability at clinic level can generally be deduced or narrowed down to two brands. Regional tender outcomes are more difficult to find, known very late or not available. In Italian and Spanish regions tenders may be awarded only a few weeks before the seasonal campaign. No public procurement information is available for countries with direct purchase. Conclusion At the country-level, brand diversity is generally lower for countries with national public tenders than for countries with regional public tenders or direct purchase. In only a few countries, procurement data at the brand level is both publicly available and timely. Therefore the usefulness of procurement data for prospective site-selection for brand-specific VE studies is limited.
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Stroo-Moredo, Elena, and Marnix Krikke. "Improving the Reuse of Design Data during the Tender Phase." Journal of Ship Production and Design 31, no. 02 (May 1, 2015): 67–78. http://dx.doi.org/10.5957/jspd.2015.31.2.67.
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This article presents a methodology to improve the reuse of design data in the tender phase. This methodology consists of the implementation of two novel structures: a Functional Breakdown Structure and a System Breakdown Structure. The first provides a tool to capture that key data, which is currently missing, for the reuse at an early stage of design. The second structure ensures that the design data are structured, documented, and easy accessible and retrievable for new tenders. The two structures are linked to ensure the traceability and reusability of design data for new tenders.
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Brook, David. "Agile Sourcing: Find the Right Technology Partner Faster." ITNOW 63, no. 3 (August 16, 2021): 62–63. http://dx.doi.org/10.1093/itnow/bwab093.
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Fitriani, Nurul. "Wewenang KPPU terhadap Pemberian Sanksi pada Pihak Lain Dalam Kasus Persekongkolan Tender." Jurnal Ilmiah Universitas Batanghari Jambi 21, no. 1 (February 8, 2021): 169. http://dx.doi.org/10.33087/jiubj.v21i1.1241.
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Unfair business competition will cause losses to consumers and business parties, unhealthy business practices will also damage national economic stability, which can lead to a monetary crisis in a country. The raise of Regulation Number 5 of 1999 is an effort to prevent unfair business competition practices, especially in organizing tenders for the procurement of goods and / or services. So it is very interesting that the problem in this research is that it takes a juridical approach to cases of tender conspiracy and the authority of the KPPU in imposing sanctions on parties who commit fraudulent efforts in holding tenders, and related to the problem of the absence of sanctions for other parties, namely the committee / tender organizer or government officials and politicians. involved in tender rigging. This study uses the juridical normative research method using secondary data sources through literature studies which are analyzed qualitatively descriptive. The research found that conspiracy in the holding of tenders can occur horizontally or vertically, so that the juridical approach in this case is very suitable to be used to ensnare unhealthy business actors, the juridical approach used is the per se illegal approach. Law Number 5 of 1999 has given the authority to KPPU to impose sanctions on perpetrators of unhealthy business practices, decisions issued by KPPU are legal decisions, however KPPU has the authority to impose sanctions on business practice actors. unhealthy is only limited to administrative sanctions.
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Verweij, Jorn, and Dean Kashiwagi. "Introducing the Best Value Quality Checklist in Procurement." Journal for the Advancement of Performance Information and Value 8, no. 2 (October 3, 2016): 20. http://dx.doi.org/10.37265/japiv.v8i2.62.
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The Best Value Approach (BVA) is a change in paradigm, replacing the non-experts decision making, management, direction, control (MDC) and thinking with the utilization of expertise. The best known BVA model is the Best Value Procurement model (BVP). With the further proliferation of BVP, a growing number of tenders are labelling themselves as “Best Value” without adhering to proper BVA practices. These “hybrid” tenders produce discouraging results, and have a detrimental effect on the wider proliferation of BVA and BVP. An easy-to-use tool is proposed that requires no BVA expertise to assess whether a tender is in fact run as a BV tender, and which may be used to avoid or minimize decision making. A “BV Quality Checklist in Procurement” is established by applying first principles to the Pre-Qualification, Selection and Clarification phase. The three phases have been analyzed with the focus on avoiding all types of decision making resulting in 21 checks. Using the checklist it can be assessed whether a tender procedure is a BV tender. The checklist can also assist in avoiding decision making in the tender process. The approach used here may furthermore be applied in other fields than procurement.
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Racz, Andrea. "Developments of Hungarian non-governmental organizations in the field of social services and child protection." JOURNAL OF SOCIAL SCIENCE RESEARCH 5, no. 1 (August 31, 2014): 666–70. http://dx.doi.org/10.24297/jssr.v4i2.6649.
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Civil organisations services and care operating in the social field are an important part of the social network since they contribute to the social inclusion and increasing life quality of excluded social groups. In the study we deal with how much the innovativeness (on program and specialization level) and system approach are emphasised in the approaches of civil organisations that operate in the field of social and child protection. Firstly, we briefly overview the main characteristics of civil organisations that operate in social field. Then we examine those tenders of civil organisations operating on social and child protection field which tendered between 2008 and 2009 in a concrete Hungarian tender system, in the so-called Norwegian Civil Fund (NCF)
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Halabi, Dana, and Adnan Shaout. "Website Tenders Evaluation Using Fuzzy Logic." International Journal of Information Systems in the Service Sector 11, no. 2 (April 2019): 32–50. http://dx.doi.org/10.4018/ijisss.2019040103.
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Developing a new website for a government institution is one of common tenders issued by various ministries and government institutions in the world. The country of Jordan usually has at least 22 different ministries and government institutions at a given time. Each one of these entities has its official website which is revamped every three years because of the rapid changes in information and technology. In most cases the ministries and institutions issue a tender to the public, then after collecting tender offers from different companies, only one offer would be selected. The selection process would choose the most appropriate contractor to deliver the project with respect to quality, time and cost. This article presents a new fuzzy logic system for tender evaluation which is based on both the technical qualification of the bidder company and its experience. The proposed system has shown better performance evaluation when compared to the traditional evaluation method currently used by the government.
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Nemec, Peter, and Peter Džupka. "DETERMINANTS OF SME ACCESS TO PUBLIC PROCUREMENT: EMPIRICAL EVIDENCE FROM THE VISEGRAD GROUP COUNTRIES." Proceedings of CBU in Economics and Business 2 (October 24, 2021): 75–80. http://dx.doi.org/10.12955/peb.v2.257.
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This article aims to investigate the factors influencing the success of small and medium-sized enterprises (SMEs) in public procurement in the Visegrad Group Countries. According to the European Union, tools such as the division of contracts into smaller lots or the evaluation of tenders based on the most economically advantageous tender (MEAT) increase the chances of SME’s winning contracts in public procurement. In particular, the evaluation of tenders based on MEAT rather than the lowest price is a tool favoring SMEs, as it boosts their innovative potential, which creates the preconditions for achieving the best value for taxpayers' money. By analyzing more than 150,000 contract award notices published in the Tenders Electronic Daily in 2019, we found a positive effect on SMEs' chances of winning a contract when using framework agreements or dividing contracts into smaller lots. Moreover, the results of multinomial logit regression suggest that the evaluation of tenders based on MEAT rather than lowest prices increases the chances of SMEs to win the contract by more than 50%. However, the findings that the share of SMEs in the total financial value of contracts is less than 20%, with SMEs winning more than 60% of all contracts, suggest that some obstacles of SMEs' access to public contracts, such as financial, administrative or technical complexity of projects may persist and require further research.
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Simanovska, Jana, Inese Pelsa, and Nora Kibilda-Kinna. "When is Green Really Green? A Latvian Case Study on Updating of Food Supply Green Public Procurement." Environmental and Climate Technologies 24, no. 3 (November 1, 2020): 513–20. http://dx.doi.org/10.2478/rtuect-2020-0120.
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AbstractGreen public procurement (GPP) is an important tool and is used to reduce adverse environmental impacts caused by food production. To have a more detailed look at the application of GPP in Latvia, the authors screened 97 public tenders for supply of food products, documenting the choice of the green criteria. Only 15 % of the screened tender documents corresponded to the national GPP requirements. Only 4 % of the tender documents gave higher priority exclusively for organic products compared to products within national quality schemes or integrated pest management agriculture. The authors compared these findings with the opinions of environmental experts, GPP guidelines by the European Commission, and experience from other countries. The authors conclude that 1) self-reporting is not an appropriate method to measure the implementation level of GPP, and 2) having a large number of criteria without clear goals can lead to using the easiest, but least environmentally beneficial options, and 3) for some tenders complying with national GPP, the environmental benefits may be unclear.
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Денисенко, Galina Denisenko, Краус, and I. Kraus. "Free Competition Tenders." Auditor 3, no. 5 (May 31, 2017): 45–49. http://dx.doi.org/10.12737/article_5922af6a1319c3.74235326.
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Th e article considers the legislative regulation issues, the main problems of competition and questions of small business supporting at the public procurement market. Th e specifi c illustrations of mechanisms for holding trades without competitors are presented. Th e judicial instance on protection of small business interests and revealing of corruption risks are considered.
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Yoke Mui, Lim, Yahaya Ahmad, and Faezeh Nabavi. "Causes of high variance in building conservation tenders in Malaysia." Structural Survey 34, no. 2 (May 9, 2016): 98–116. http://dx.doi.org/10.1108/ss-04-2015-0023.
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Purpose – The purpose of this paper is to identify the reasons for the variance among tenders for conservation projects in Malaysia. Design/methodology/approach – Semi-structured interview approach was adopted because this method allows for effective probing of issues. The interviews are conducted with experienced conservation contractors. The interviews are transcribed and the data are analysed using thematic analysis. Coefficient of variation (CV) measure was also used to determine the level of variance that occurs in tenders for conservation projects. Findings – The study found that contractors faced difficulty in pricing competitively due to the following four factors, namely, uncertain information on the actual work on site, inexperience in conservation construction works, information in the bill of quantities is incomplete and uncertain labour and material cost. The study of 22 tenders also ascertains that there is a high variance among the tenderers for building conservation projects. This is determined by the CV analysis where conservation works has a mean CV of 25.5 per cent as compared to 6.5 per cent for new build works. Research limitations/implications – While the interviews managed to draw out insights into the reasons for the high variance among the tender amounts, a definitive conclusion cannot be drawn on the level of variance in tendering for conservation projects due to the limited data that is available for analysis. Originality/value – The paper offers an insight into the reasons why tenders for conservation projects usually have a higher variance than the norm.
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Humphris, Adrian, and Geoff Mew. "A Rose between Two Thorns; Tringham, Chatfield and Toxward, 1865 to 1870." Architectural History Aotearoa 7 (October 30, 2010): 20–21. http://dx.doi.org/10.26686/aha.v7i.6787.
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Charles Tringham, William Chatfield and Christian Julius Toxward are all alleged to have started practices in Wellington in the mid-1860s. Numerous tenders for building work by Tringham and Toxward can be found in newspapers at the time, but tenders by Chatfield do not appear until 1875. There also appears to have been little other competition at the time. Tringham came to New Zealand from England as a carpenter, progressed to being a builder, and was calling himself an architect by 1867. From then until the end of 1869 he tendered in Wellington newspapers for at least 48 buildings. Toxward, a Dane, spent several years as a draftsman in Victoria, Australia, then traveled extensively in Europe. He came to New Zealand by 1862, working in Dunedin and Invercargill before establishing a private practice in Wellington in 1866. By the end of 1869 his tender notices in Wellington newspapers totaled 25. Tringham and Toxward appear to have had quite different approaches in establishing their Wellington practices. Tringham, the younger man at 26, concentrated on designing houses and shops combined with dwellings; he only tendered for four non-residential buildings in the 1860s. Toxward, aged 35 and a prominent Mason, seems to have concentrated on contracts for more substantial buildings such as schools, churches, stores such as Kirkcaldie & Stains and works for the Provincial Government. He only appears to have designed three houses during this period. Chatfield arrived in 1867 and his obituary claims that he ran a practice from then until 1872 when he joined the Wellington Provincial Government as a draftsman. The lack of tenders in the papers suggests either he had limited success or his work was organised through other means, such as word of mouth. Once his architectural practice was established, his early career (40 buildings in four years) closely paralleled that of Tringham. All three, with the later addition of Thomas Turnbull, dominated the Wellington architectural scene through to the early 1890s. To place their output in context we discuss other architects who appear in Wellington in the late 1860s, and the building profession during this time.
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Simanovska, Jana, Inese Pelsa, and Nora Kibilda-Kinna. "When is Green Really Green? A Latvian Case Study on Updating of Food Supply Green Public Procurement." Environmental and Climate Technologies 24, no. 3 (November 1, 2020): 513–20. http://dx.doi.org/10.2478/rtuect-2020-0120.
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Abstract Green public procurement (GPP) is an important tool and is used to reduce adverse environmental impacts caused by food production. To have a more detailed look at the application of GPP in Latvia, the authors screened 97 public tenders for supply of food products, documenting the choice of the green criteria. Only 15 % of the screened tender documents corresponded to the national GPP requirements. Only 4 % of the tender documents gave higher priority exclusively for organic products compared to products within national quality schemes or integrated pest management agriculture. The authors compared these findings with the opinions of environmental experts, GPP guidelines by the European Commission, and experience from other countries. The authors conclude that 1) self-reporting is not an appropriate method to measure the implementation level of GPP, and 2) having a large number of criteria without clear goals can lead to using the easiest, but least environmentally beneficial options, and 3) for some tenders complying with national GPP, the environmental benefits may be unclear.
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Vitomir, Jelena, Sonja Tomaš-Miskin, Mladen Ivić, and Slobodan Popović. "Implementation of the Tender by the Municipal Service Administration from the Aspect of Management in the Municipalities of the Republic of Serbia." Lex localis - Journal of Local Self-Government 18, no. 3 (August 2, 2020): 469–86. http://dx.doi.org/10.4335/18.3.469-486(2020).
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al Affairs Administration established by local self-governments in the 2016-2019period calls for tenders more and more frequently. Beside public utility companies founded by local self-government units there is an increasing number of the so called “other enterprises” taking part in the bidding. The aim of the authors was to determine at what prices the Local Affairs Administration concluded agreements with the said enterprises that participated in the public bidding. The authors came to relevant findings as they had an insight in the agreements concluded between the Local Affairs Administration and the bidders in the 2017-2019 period. Accordingly, the authors` contribution is in finding that following calling for tenders and tender procedures agreements between the Local Affairs Administration and bidders are concluded at prices that are lower than in case of direct bargaining between the Local Affairs Administration and public utility companies. That is, conducting tender procedures is beneficial to the Local Affairs Administration as less money of taxpayers is spent on the same public utility service.
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Negruț, Mircea Liviu, Adriana Muțiu, and Ana-Andreea Mihărtescu. "Insights on the Performance of Public Procurement for Water Utilities Works." Sustainability 15, no. 1 (December 22, 2022): 155. http://dx.doi.org/10.3390/su15010155.
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The availability of non-reimbursable funds for water supply networks has made the public procurement of construction work in this sector of particular interest in terms of performance. The purpose of this research is to identify key issues and patterns emerging from the engagement between Romanian contracting entities awarding such construction contracts and economic operators. The engagement is materialized through rounds of clarification requests during the offer preparation stage. Following the analysis of the specialized literature, it was found that the subject was not addressed in many scientific publications. The research undertaken was an empirical analysis of selected tenders. The research methodology focuses on the qualitative analysis of publicly available questions and responses, complemented by the analysis of numerical data relating to the same tenders. From the study, it results that a high percentage of all questions analyzed target the technical requirements of the contract notice documents. In some instances, the same questions are found in multiple tenders. Tender evaluation periods are lengthy. The tenders are published with a similar strategic profile (e.g., open tendering, no division into lots) and participation is dominated by bidder associations of multiple economic operators. This study concludes that the quality of the technical requirements does not support the type of strategic profile employed by the contracting entities. The rigidity of written communication makes it unsuitable to mitigate the negative effects of a flawed approach in developing technical requirements for high value, high complexity projects directly connected with Romania’s public water supply challenges.
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Kiiver, Philipp, and Jakub Kodym. "Price-quality ratios in value-for-money awards." Journal of Public Procurement 15, no. 3 (March 1, 2015): 275–90. http://dx.doi.org/10.1108/jopp-15-03-2015-b001.
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This article presents a simple and objective formula to determine a tender's price-quality ratio, for the purpose of value-for-money awards, which is literally quality divided by price (Q/P). Most formulas used in public procurement today first translate prices into points, in a process which has several flaws, and in the end they do not produce any actual ratios, a fact which makes them less objective. To adjust the proposed Q/P formula to the relative weight of the price criterion from the buyer's point of view, all tenders start out with a fixed quality score to compress or expand quality differences between them. Tenders then compete for the remaining range of quality points up to the maximum, and in the end have their quality score divided by the price that they offer.
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Sirait, Resmaya Agnesia Mutiara. "LARANGAN TINDAKAN PERSEKONGKOLAN DALAM TENDER BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT." TANJUNGPURA LAW JOURNAL 4, no. 2 (August 15, 2020): 178. http://dx.doi.org/10.26418/tlj.v4i2.33980.
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One of the substance of Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition is the provision that regulates collusion in tenders. The provision is regulated in Article 22 which is a special provision with the aim of creating a conducive business climate to support and develop activities for the provision of quality goods and services and at competitive prices. Considering that the impact of the conspiracy in tenders is very significant for national economic development and a healthy competitive climate, the regulation regarding the prohibition of tender conspiracy can be applied both with a rule of reason approach and with a per se illegal approach, so that administrative sanctions and criminal sanctions as well as additional criminal sanctions that will be imposed on business actors can run as desired by Law Number 5 Year 1999. The impact of collusion actions in tenders is not just economic development National and unfair competition climate, but other impacts can be felt by consumers as tender givers who can experience material and immaterial losses. Consumer protection is needed as an effort made to safeguard consumer rights and develop behavior attitudes of responsible business actors.Salah satu substansi Undang - Undang Nomor 5 Tahun 1999 Tentang Larangan Praktik Monopoli Dan Persaingan Usaha Tidak Sehat adalah ketentuan yang mengatur persekongkolan dalam tender. Ketentuan tersebut diatur dalam Pasal 22 yang merupakan ketentuan khusus dengan tujuannya untuk menciptakan iklim usaha yang kondusif guna mendukung dan menumbuh kembangkan kegiatan penyediaan barang dan jasa yang berkualitas dan dengan harga yang bersaing. Mengingat dampak yang ditimbulkan dari tindakan persekongkolan dalam tender sangat signifikan bagi pembangunan ekonomi nasional dan iklim persaingan yang sehat, maka pengaturan mengenai larangan persekongkolan tender dapat diterapkan baik dengan pendekatan secara rule of reason maupun dengan pendekatan secara per se illegal, sehingga sanksi administratif dan sanksi pidana serta pidana tambahan yang akan dijatuhkan pada pelaku usaha dapat berjalan sebagaimana yang dikehendaki oleh Undang - Undang Nomor 5 Tahun 1999. Dampak yang ditimbulkan dari tindakan persekongkolan dalam tender bukan hanya kepada pembangunan ekonomi nasonal dan iklim persaingan tidak sehat, akan tetapi dampak lain dapat dirasakan oleh konsumen selaku pemberi tender yang dapat mengalami kerugian materiil maupun immaterial. Perlindungan konsumen diperlukan sebagai suatu upaya yang dilakukan untuk menjaga hak-hak konsumen dan menumbuh kembangkan sikap perilaku pelaku usaha yang bertanggung jawab.
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Bucholc, Karol, Waldemar W. Koczkodaj, and Wojciech Trochymiak. "Use of Pairwise Comparison Method in Road-and-Bridge Tenders." MATEC Web of Conferences 196 (2018): 04089. http://dx.doi.org/10.1051/matecconf/201819604089.
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The paper is a brief presentation of the pairwise comparison (PC) method, implemented with the use of the Concluder, a modern tool for PC analysis which is being developed by Professor Waldermar Koczkodaj and which is used for comparing tenders in the road-and-bridge construction industry. The paper discusses the tender criteria which are adopted for tenders in this industry. It addresses the issue of developing the relevant weights while using one of the functions of the expert system, i.e. the function which relies on the opinions of the experts familiar with a given matter, who however not always present the same views. Once the experts’ opinions have been collected, they can be “agreed” while using the PC method. Diversification of the criteria is particularly important from the point of view of improvement of the quality of the services offered by the road-and-bridge construction industry in Poland, since in to-date practice the price has been the only or the dominant criterion. The paper contains examples (in terms of numbers) of analysis of tender criteria where the price was not the only criterion, which is the starting point for further research.
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Najiazarpour, Sara, and Homa Pouresfandyani. "Assessment and Selection of Contractors in Specific Contracting Projects with Supply Chain Approach, Using GRAY and AHP Methods as Decision Support." Modern Applied Science 13, no. 4 (March 18, 2019): 51. http://dx.doi.org/10.5539/mas.v13n4p51.
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In our current conditions, it is not possible for all contractors to participate in specific construction project tenders due to the social, political and many other circumstances. Therefore, employers select appropriate contractors in two qualitative and quantitative stages; the second stage criteria are more important than the first stage. In this research, different stages for the evaluation and ranking of contractors in tenders of projects with specific conditions have been investigated. Researchers have tried to provide a comprehensive and complete approach to select a more appropriate contractor as an optimization method. In the first stage of the tender, the researchers used the GRAY method to rank contractors. In the second stage, they used AHP method to assess and rank the criteria of the contractors brought to this stage. Finally, the appropriate contractor selected and announced to the employer.
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Grzyl, Beata, Magdalena Apollo, Emilia Miszewska-Urbańska, and Adam Kristowski. "The criteria for evaluation and selection the best tender applied by the authorities in Poland and selected EU countries." MATEC Web of Conferences 219 (2018): 04006. http://dx.doi.org/10.1051/matecconf/201821904006.
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The aim of the regulation in EU countries concerning public procurement is to ensure efficient spending of funds by evaluating and choosing the most advantageous offer. The aim of the conducted research is to determine the extent the Polish contracting entities benefit from the possibility of broad selection of various criteria for tender evaluation. On the basis of the analysis of 500 notices on work procedures conducted in the third quarter of 2016 - the third quarter of 2017 in open and restricted tenders in Poland and 500 tenders in open and restricted proceedings in five selected EU countries, the authors compared and classified of applied the practical criteria to evaluate and select the best offer. In order to collect the information presented in the article, the authors applied the documentary method using domestic and foreign literature regarding the subject and official publications.
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Skrastina, Una, and Dzeina Gaile. "PROBLEMATICS OF AMENDMENTS MADE IN TENDER DOCUMENTS IN PUBLIC PROCUREMENT – THE PERSPECTIVE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION." Acta Prosperitatis, no. 11 (April 22, 2020): 164–83. http://dx.doi.org/10.37804/1691-6077-2020-11-164-183.
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During the procurement process, it is often found that the tenders submitted are deficient, for example, required documents are not submitted. Given the amount of information to be provided, the types of errors are different and can apply to the qualification of the tenderer, its technical or financial tender and other aspects. In each of these situation procurement commission must evaluate whether it is possible to correct the error or the tender should be rejected. The Public Procurement Law does not contain very detailed and clear regulation on this situation. Therefore decisions of contracting authorities are often challenged and found to be unfounded. It justifies the topicality of the study. The aim of the study is to summarize and analyze the findings of the European Court of Justice to determine what legal principles and considerations have to be taken into account in such situations and to make recommendations for further action in Latvia. Research methods used are descriptive, comparative and analytical method. The study will result in suggestions as to what conditions should be considered when assessing the possibility of corrections of the tender.
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Barbier, Liese, Steven Simoens, Caroline Soontjens, Barbara Claus, Arnold G. Vulto, and Isabelle Huys. "Off-Patent Biologicals and Biosimilars Tendering in Europe—A Proposal towards More Sustainable Practices." Pharmaceuticals 14, no. 6 (May 24, 2021): 499. http://dx.doi.org/10.3390/ph14060499.
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Background: In Europe, off-patent biologicals and biosimilars are largely procured by means of tender procedures. The organization and design of tenders may play a key role in the evolving biosimilar market, and currently, it is not fully elucidated how tenders for off-patent biologicals and biosimilars are designed and if approaches are aligned with sustaining market competition and societal savings for healthcare systems over the long term. This study aims to (i) explore the design and implementation of tender procedures for off-patent biologicals and biosimilars in Europe, (ii) identify learnings for sustainable tender approaches from purchasers and suppliers, and (iii) formulate recommendations in support of competitive and sustainable tender practices in the off-patent biologicals market. Methods: A mixed methods design was applied. A quantitative web-survey was conducted with hospital pharmacists and purchasers (N = 60, of which 47 completed the survey in full), and qualitative expert-interviews with purchasers and suppliers (N = 28) were carried out. Results: The web survey results showed that the organization and design of tenders for off-patent biologicals and biosimilars, and the experience of hospital pharmacists and purchasers with this, considerably varies on several elements across European countries. From the qualitative interviews, signals emerged across the board that some of the current tender approaches might negatively affect market dynamics for off-patent biologicals and biosimilars. The focus on generating short-term savings and existence of originator favouring tender practices were identified as elements that may limit timely competition from and market opportunity for biosimilar suppliers. The need to optimize tender processes, considering a more long-term strategic and sustainable view, was expressed. In addition, challenges appear to exist with differentiating between products beyond price, showing the need and opportunity to guide stakeholders with the (appropriate) inclusion of award criteria beyond price. Due to the variety in tender organization in Europe, a ‘one size fits all’ tendering framework is not possible. However, on an overarching level, it was argued that tender procedures must aim to (i) ensure market plurality and (ii) include award criteria beyond price (warranted that criteria are objectively and transparently defined, scored and competitively rewarded). Depending on the market (maturity), additional actions may be needed. Conclusions: Findings suggest the need to adjust tender procedures for off-patent biologicals and biosimilars, considering a more long-term strategic and market sustainable view. Five main avenues for optimization were identified: (i) safeguarding a transparent, equal opportunity setting for all suppliers with an appropriate use of award criteria; (ii) fostering a timely opening of tender procedures, ensuring on-set competition; (iii) ensuring and stimulating adherence to laws on public procurement; (iv) securing an efficient process, improving plannability and ensuring timely product supply and (v) safeguarding long-term sustainable competition by stimulating market plurality.
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Dávid-Barrett, Elizabeth, Mihály Fazekas, Olli Hellmann, Lili Márk, and Ciara McCorley. "Controlling Corruption in Development Aid: New Evidence from Contract-Level Data." Studies in Comparative International Development 55, no. 4 (October 28, 2020): 481–515. http://dx.doi.org/10.1007/s12116-020-09315-4.
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Abstract Following scandals about corruption in foreign aid, and in a political climate that increasingly questions the legitimacy of development assistance, donors are under pressure to better control how their funds are spent. However, there is little evidence on precisely how to control corruption in development aid. This article assesses under which conditions donor regulations are successful in controlling corruption in aid spent by national governments through procurement tenders. The article analyses data on donor-funded procurement contracts in 100+ countries in 1998–2008 and uses ‘single bid submitted in a competitive tender’ as a corruption risk indicator. Applying a contract-level propensity score matching and regression analysis, it finds that an intervention which increases donor oversight and widens access to tenders is effective in reducing corruption risks: lowering single bidding on competitive markets by 3.6–4.3 percentage points. This effect is greater in countries with low-state capacity.
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Salner, D. "Furnace Tenders At Dawn." Minnesota Review 2005, no. 63-64 (March 1, 2005): 58. http://dx.doi.org/10.1215/00265667-2005-63-64-58.
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Roumboutsos, Athena, and Fabio Sciancalepore. "Public–Private Partnership Tenders." Transportation Research Record: Journal of the Transportation Research Board 2450, no. 1 (January 2014): 83–90. http://dx.doi.org/10.3141/2450-11.
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Mujuzi, Jamil Ddamulira. "Companies convicted of economic crimes and their participation in government tender processes in South Africa: A comment on Namasthethu electrical (PTY) LTD v City of Cape Town and another (201/19) [2020] ZASCA 74 (29 JUNE 2020)." Journal of Comparative Law in Africa 8, no. 1 (2021): 102–22. http://dx.doi.org/10.47348/jcla/v8/i1a4.
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In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the company and its former director had been convicted of fraud and corruption. The purpose of this article is to analyse this judgment and show the challenges that the government is faced with when dealing with companies that have been convicted of offences that bid for government tenders. Because South Africa is in the process of enacting public procurement legislation, the Public Procurement Bill was published for comment in early 2020. One of the issues addressed in the Bill relates to debarring bidders who have been convicted of some offences from bidding for government tenders. Based on the facts of this case and legislation from other African countries, the author suggests ways in which the provisions of the Bill could be strengthened to address this issue.
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Lewis, Edward. "Using the Risk-Remedy Method to Evaluate Outsourcing Tenders." Journal of Information Technology 14, no. 2 (June 1999): 203–11. http://dx.doi.org/10.1177/026839629901400209.
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The risk-remedy method is beginning to replace cost-benefit or weighted scoring methods in the evaluation of information technology outsourcing tenders by the Australian Public Service. This paper describes the use of the method. It also describes some of the lessons that have been learnt from the use of the method in six tender evaluations: use the correct requirements, use requirements correctly, consider the cost of bidding, consider the cost of delay, check the bids carefully and use a design rather than a selection approach.
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Miller, Fiona A., Pascale Lehoux, Stuart Peacock, Valeria E. Rac, Jeff Neukomm, Carolyn Barg, Jessica P. Bytautas, and Murray Krahn. "How Procurement Judges The Value of Medical Technologies: A Review of Healthcare Tenders." International Journal of Technology Assessment in Health Care 35, no. 1 (2019): 50–55. http://dx.doi.org/10.1017/s0266462318003756.
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AbstractObjectivesProcurement's important role in healthcare decision making has encouraged criticism and calls for greater collaboration with health technology assessment (HTA), and necessitates detailed analysis of how procurement approaches the decision task.MethodsWe reviewed tender documents that solicit medical technologies for patient care in Canada, focusing on request for proposal (RFP) tenders that assess quality and cost, supplemented by a census of all tender types. We extracted data to assess (i) use of group purchasing organizations (GPOs) as buyers, (ii) evaluation criteria and rubrics, and (iii) contract terms, as indicators of supplier type and market conditions.ResultsGPOs were dominant buyers for RFPs (54/97) and all tender types (120/226), and RFPs were the most common tender (92/226), with few price-only tenders (11/226). Evaluation criteria for quality were technical, including clinical or material specifications, as well as vendor experience and qualifications; “total cost” was frequently referenced (83/97), but inconsistently used. The most common (47/97) evaluative rubric was summed scores, or summed scores after excluding those below a mandatory minimum (22/97), with majority weight (64.1 percent, 62.9 percent) assigned to quality criteria. Where specified, expected contract lengths with successful suppliers were high (mean, 3.93 years; average renewal, 2.14 years), and most buyers (37/42) expected to award to a single supplier.ConclusionsProcurement's evaluative approach is distinctive. While aiming to go beyond price in the acquisition of most medical technologies, it adopts a narrow approach to assessing quality and costs, but also attends to factors little considered by HTA, suggesting opportunities for mutual lesson learning.
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Molchanov, A. V. "Development of legal institute of the auction within the competitive right." Russian competition law and economy, no. 1 (March 30, 2019): 18–23. http://dx.doi.org/10.32686/2542-0259-2019-1-18-23.
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Regulation of relations connected with the organization and holding of tenders exclu- sively by the norms of civil law and civil legislation is impossible, since the issues of ensuring competition are of a public nature, aimed at ensuring public interest, which is the basis of the constitutional system of our state, and therefore require public legal regulation. Taking into account the importance of tenders for ensuring competition, it is more effective to develop both the legal institution of tenders in the sphere of complex branch of competition law and the legislation on tenders, as its external manifestation, in the sphere of antimonopoly legislation.
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Hanák, T. "Electronic Reverse Auctions in Public Construction Procurement – Empirical Evidence from the Czech Republic." Archives of Civil Engineering 62, no. 3 (September 1, 2016): 47–60. http://dx.doi.org/10.1515/ace-2015-0082.
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AbstractElectronic reverse auctions (e-RAs) are considered to be an effective tool for negotiating tender prices and achieving cost savings. Furthermore, if multicritera evaluation is used, it can be expected that e-RAs will also contribute to achieving benefits in other areas, e.g. helping to minimize life-cycle costs. This study aims to analyse the mutual relationships between selected e-RA variables. More specifically, correlation analysis is applied to explore real e-RA data representing public tenders for construction work. This study’s findings reveal that the correlations examined are generally weak or very weak. Furthermore, it has been found that the value of correlation coefficients varies depending on the type of structure, and that public tenders are usually evaluated solely on the basis of the criterion of the lowest bid price. Recommendations for public authorities in using e-RAs in the role of the buyer are also provided at the end of this paper.
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Ryan, Michael J. "Medicine shortages: there are solutions! Actions to take to reduce medicine shortages." Australian Health Review 45, no. 4 (2021): 504. http://dx.doi.org/10.1071/ah20306.
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The aim of this paper is to propose solutions to reduce the number and frequency of medicine shortages in Australia. Some of the many factors that contribute to medicine shortages, such as manufacturers’ production processes and business decisions, are outside the control of Australian stakeholders. But there are many factors that are within the control of stakeholders, including poor communication between stakeholders, incomplete and inaccurate information, unhelpful practices and attitudes of hospital tender authorities, and lack of certainty and incentives for manufacturers in relation to pharmaceutical tenders. The following strategies are designed to address these issues and achieve a significant reduction in the number and frequency of medicine shortages in Australian hospitals. They include improving communication and understanding between stakeholders, providing higher quality information on likely usage, changing practices of hospital tender authorities to better meet stakeholder requirements, and increasing incentives for manufacturers to participate in hospital tenders. The six key actions to implement the medicine shortage-reducing strategies are: (1) initiate a biannual forum for hospitals and industry; (2) establish a medicines substitutes information service operating nationally; (3) share information on likely changes to hospital usage; (4) reform stock allocation strategies; (5) introduce incentives for manufacturers; and (6) change hospital tender authority practices and policies. The first step to reduce medicine shortages is for stakeholders to think differently about the problem, and to act more collaboratively using the proposed strategies and actions, as a framework for change.
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Adella, Bella Rihandita. "THE VALIDITY OF THE COLLUSIVE TENDER IN THE PROCUREMENT OF GOODS AND SERVICES OF BUS TRANSJAKARTA Pte Ltd. (Case Study the Verdict Number: 15/KPPU-I/2014)." Yustisia Jurnal Hukum 7, no. 3 (December 31, 2018): 614. http://dx.doi.org/10.20961/yustisia.v7i3.21596.
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<p>Conspiracy in the tender including auction collusive tenders occuring through a deal between businessmen, between the owner of the work as well as between the two parties. The tender conspiracy case that happened in Indonesia is a case involving the <em>Pte Ltd.</em> Industri Kereta Api (<em>Pte Ltd.</em> INKA) in the procurement of Transjakarta fiscal of 2013. From the results of this research noted that enforcement of the law against the procurement of Transjakarta yet running optimally, where knowing the verdict matter passengers number: 15/<em>KPPU</em>-I/2014 in unfair business competition elements Law number 5 of 1999 can't show anyone others who benefited by <em>Pte Ltd</em>. INKA and profitable, as well as in the By Law 16 of Number 2018 on The President of Government procurement of goods/service stating <em>Pte Ltd</em>. INKA is not proven procurement tenders because collusion <em>Pte Ltd</em>. INKA do not know reasons of <em>Pte</em> <em>Ltd. </em>Mayapada Auto Sempurna resign therefore the<em> Pte Ltd</em>. INKA as winner in the<em> </em>tender Package I repeated Single Bus.</p>
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Abdullahi, Bello, Yahaya Makarfi Ibrahim, Ahmed Ibrahim, and Kabir Bala. "Development of e-tendering evaluation system for Nigerian public sector." Journal of Engineering, Design and Technology 18, no. 1 (September 7, 2019): 122–49. http://dx.doi.org/10.1108/jedt-01-2019-0004.
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Purpose The revolution brought about by the internet and the World Wide Web has led to the development of numerous e-Tendering systems for public sector tendering that have automated various aspects of the manual tendering processes that are known to experience numerous problems. However, one key area that has not been fully addressed is the automation of the evaluation of public tenders based on group decision-making. This paper presents part of the development of a Web-based e-tendering system called Nigerian Public Sector eTender (NPS-eTender) that automate the evaluation of public sector tenders based on group decision-making. Design/methodology/approach The system was developed using object-oriented methodologies. Specifically, Ripple and unified process methodologies were adopted. Findings The results of the system validation showed that NPS-eTender has an average rating of 74% with respect to correct and accurate modelling of the existing tendering domain and an average rating of 67.6% with respect to its potential to enhance the proficiency of public sector tendering in Nigeria. Based on the results of the validation, it can be concluded that the automation of the tender evaluation process can lead to a more proficient tendering process. Originality/value This research has contributed to the development of an e-Tendering system for the public sector that supports the whole tendering lifecycle including the automation of evaluation of public tenders based on group decision-making.
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Bolton, P. "Grounds for dispensing with public tender procedures in Government Contracting." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, no. 2 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2006/v9i2a2822.
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The Constitution of the Republic of South Africa1 provides that organs of state must comply with five principles when procuring goods or services: procurement procedures must be fair, equitable, transparent, competitive and cost-effective. In short, this means that organs of state should make use of competition when procuring goods or services. They should shop around and attract the maximum number of contractors who will participate in such competition. The aim should be the attainment of value for money, meaning, public money should be spent in an effective and efficient manner. Those who participate in competitions should also be treated fairly and without bias. In principle, no preferences should be afforded to different contractors; all contracting parties should have equal access to competition; some contractors should not be afforded more time for the preparation and submission of quotes or tenders than others; and the same information should be made available to all contracting parties. Government procurement procedures should further be transparent, meaning public or open. Thus, organs of state should not contract behind closed doors – government contracts should, as a rule, be advertised. Depending on the nature and value of a particular contract, the use of a public call for tenders is generally the best way to ensure compliance with theprinciples in the Constitution. By nature, a pubic call for tenders is open, it assists in the prevention of fraud and favouritism, and it ensures that the maximum number of contractors is approached to compete for a contract. Organs of state can also compare prices and quality and can contract with whoever offers the best deal. Most legislation therefore proceeds on the basis that procurement takes place by way of tendering. Generally, contracts above R200 000 are subject to public tender procedures. In certain instances, however, a public call for tenders may be inappropriate regardless of the high value of the contract. For this reason, exceptions are provided for in legislation. Since tendering, however, is generally the best way to ensure compliance with all the principles in the Constitution, it is important for there to be sufficient guidance on the non-use of tender procedures. Proper guidance will, to a large extent, ensure uniformity and transparency in government procurement procedures which will, in turn, assist in the combating of corruption. In this article, attention is given to the legislation that provides for exceptions to the use of tendering at all three levels of government. Recommendations are then made as to how some of the legislative provisions should be interpreted in order to align them with the principles in the Constitution. In doing so, reference is made to a number of international instruments dealing with government procurement and specifically, the non-use of tender procedures.