scholarly journals Deterministic Application of Process-centric Law to the System-centric Requirements of Procurement Procedures

2021 ◽  
Vol 24 ◽  
pp. 1-33
Author(s):  
David John Wickens
Keyword(s):  
Decision Making ◽  
Public Procurement ◽  
Deterministic Approach ◽  
Legal Requirements ◽  
Procurement Process ◽  
System Requirements ◽  
Constitutional System ◽  
Procurement System ◽  
Practical Recommendations ◽  
Selection Of

South Africa's public procurement system is accorded constitutional status, establishing fundamental requirements for the operation of the system. The application of these constitutional system requirements and their interpretation in the judicial adjudication of procurement cases have highlighted the tension between the administrative, or process-centric, legal requirements and the system-centric nature of procurement procedures. The importance of a deterministic approach for procurement decision-making can be considered from two angles – the certainty of the procurer in the conformity of its own conduct and external certainty to diminish the risk of unnecessary challenge. This article revisits the foundational rationale for system-based procurement procedures and associated decision-making for its potential for finding a deterministic approach to balancing the legal requirements, both system- and process-based. These principles are tested against a selection of adjudicated outcomes to formulate practical recommendations for practitioners aimed at deterministic decision-making in the procurement process.

scholarly journals PRINCIPLES OF ELECTRONICIZATION OF PUBLIC PROCUREMENT

2019 ◽  
Vol 4 (3) ◽  
pp. 273-281
Author(s):  
Anna SLOBODIANYK
Keyword(s):  
Public Procurement ◽  
Marketing Research ◽  
The State ◽  
Process Efficiency ◽  
Procurement Process ◽  
Economic Agents ◽  
Wide Range ◽  
State And Local ◽  
The Right ◽  
Procurement System

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

scholarly journals Development of digital technologies on the example of public procurement, as a instrument of monitoring the efficiency of governance

2020 ◽  
Vol 8 (1 SI) ◽  
pp. 80-83
Author(s):  
Taisiia Krushelnytska ◽  
Olena Hurzhii
Keyword(s):  
Information System ◽  
Technology Development ◽  
Public Procurement ◽  
Digital Technologies ◽  
Electronic Procurement ◽  
Integrated Information System ◽  
Information Technology Development ◽  
Procurement System ◽  
Selection Of ◽  
Integrated Information

The article examines the development of digital technologies in Ukraine on the example of public procurement as a tool for monitoring the effectiveness of government. It was found that the practice of applying public procurement methods in Ukraine in 2019 tends to apply non-competitive methods of public procurement. In particular, from competitive procurement methods, the organizers used pre-threshold procurement (10.79 % of transactions) and open bidding (6.93 %) using an electronic procurement system. Instead, the use of such a non-competitive method as the "contract report", which does not involve the use of electronic procurement system, in 2019 increased compared to 2018 by more than 22% and accounts for more than 77 % of total procurementThe following areas of information technology development are proposed: elimination of the influence of the human factor on the decision-making process regarding public procurement; unification of requirements for registration of documents for all subjects of procurement; selection of procurement winners among bidders' applications according to an automatically generated algorithm, without the participation of an "interested person"; formation of an integrated information system for monitoring public procurement. The integrated information system will allow monitoring of public procurement in a continuous manner, and based on the monitoring results, transactions that have one or more of the signs of risk will be subject to control.

Application of Multi-Criteria Analysis in the Public Procurement Process Optimization

2016 ◽  
Vol 54 (1) ◽  
pp. 103-128 ◽  
Author(s):  
Predrag Mimović ◽  
Ana Krstić
Keyword(s):  
Public Procurement ◽  
Evaluation Criteria ◽  
Selection Procedure ◽  
Analytic Network Process ◽  
Comparative Approach ◽  
Procurement Process ◽  
The Public ◽  
Network Process ◽  
Multi Criteria Analysis ◽  
Selection Of

AbstractOne of the key steps in the implementation of a public procurement process is the criteria selection that are associated with the bidders, which are intended to ensure that bidders will be able to meet the requirements from the contract. Implicitly, the criteria selection includes their evaluation in situations when the criterion of the lowest price is not applied, but instead the criterion of the most economically advantageous tender. The aim of the paper is to show that decision-makers in the public sector can use multi-criteria analysis for the efficient and fair public procurement process implementation and the establishment of objective conditions for the contract awarding in accordance with the general social interests. In this sense, the paper presents a comparative approach to the Analytic Hierarchy Process and Analytic Network Process as the methods of support in decision making, measurement and evaluation criteria for the selection of the best bids in the procurement process. Hierarchical model with five criteria and nine sub-criteria and the network model, which takes into account the mutual influences of criteria, were developed in a hypothetical public procurement selection procedure for the best performers for the construction of the infrastructure facility. Selection of the best bidder, i.e. bids for the realization of the work, is distinctive, multi-criteria problem which includes both qualitative and quantitative factors.

scholarly journals A MULTICRITERIA DESCRIPTION OF RULES FOR PUBLIC PROCUREMENT

2016 ◽  
Vol 22 (2) ◽  
pp. 65-70
Author(s):  
MALIŠA ŽIŽOVIĆ ◽  
MILUTIN ŽIVKOVIĆ
Keyword(s):  
Decision Making ◽  
Public Procurement ◽  
Business Systems ◽  
Procurement Process ◽  
State Capital

At an announced tender of a contracting party, in the processes of public procurement of goods or services, a method of decision-making follows after interested bidders submit bids. Such method of choice is characteristic for all business systems with majority share of state capital. Methods of decision-making come down to selecting the best bids, because mistakes in the selection should be excluded. However, in practice, the problems of a wrong choice are manifested in dissatisfaction of the bidders. The problem then causes a delay in the procurement process, and often the retrial. In order to prevent this from happening authors of this paper suggest a somewhat different methodologies in selecting the most advantageous tender to the contracting authorities. The proposed method will be the case of the of Parking service (PC) from Belgrade (service of overhaul of the devices) will show a possible way of selecting the best alternative bids, taking into account previously adopted criteria.

scholarly journals Study Regarding the Planning Stage of the Romanian Public Procurement Process

2019 ◽  
Vol 25 (2) ◽  
pp. 86-92
Author(s):  
Ioan Gabriel Popa ◽  
Roxana Ispas
Keyword(s):  
Process Planning ◽  
Public Procurement ◽  
Public Institutions ◽  
Planning Stage ◽  
Procurement Process ◽  
The Public ◽  
Procurement Contract ◽  
Procurement System

Abstract In order to award a public procurement contract for the acquisition of a product, work or service, the contracting authority must follow a succession of stages, which represent a public procurement process. As a stage of the public procurement process, planning represents all the activities carried out in public institutions that determine their main objectives, the manner in which they are achieved, and what resources will be used during the process. Planning the procurement process is crucial. Failure to properly implement it results in errors and problems during the process of awarding and implementing the contract. The general objective of the paper is to identify and solve the problems that arise during the process of planning the public procurement in Romania, by identifying and anticipating some directions leading to the improvement of the entire public procurement system.

Determing of the Armed Forces Demands for Specific Kinds of Facilities

2020 ◽  
Vol 26 (1) ◽  
pp. 100-105
Author(s):  
Teodora Petrova ◽  
Zhivo Petrov
Keyword(s):  
Decision Making ◽  
Project Success ◽  
Armed Forces ◽  
Specific Kind ◽  
Final Choice ◽  
Procurement Process ◽  
Very High ◽  
Selection Of

AbstractThe adequate financing of the first project’s stages, especially the decision making stage for supplying with specific kind of facility or equipment, will lead to a successful fulfilling of all other stages of the project. The procurement process which is directed to supplying of the armed forces necessary needs, includes a selection of the best technical decisions towards the proportion (ratio) between price/quality of the facility and/or the services. Therefore, the final choice of the technical decision should answer to the user demands (who sometimes demands not-approved very high requirements) only to level, at which this action will not be in danger for the project success.

scholarly journals ORGANIZATION OF THE PUBLIC PROCUREMENT PROCESS AT THE LEVEL OF THE CONTRACTING AUTHORITIES IN ROMANIA. PARTICULARITIES AND SOLUTIONS FOR THE MANAGEMENT OF PUBLIC PROCUREMENT PROCEDURES ORGANIZED IN THE CONTEXT OF EMERGENCY OF COVID-19 CRISIS

2020 ◽  
Author(s):  
Costel Ceocea ◽  
Raluca Alexandra Ceocea ◽  
Adrian Vatamaniuc ◽  
Vasile Mihălaș
Keyword(s):  
Decision Making ◽  
Public Procurement ◽  
Good Practice ◽  
Public Institutions ◽  
Negative Effects ◽  
Health Crisis ◽  
Procurement Process ◽  
The Public ◽  
Adoption And Implementation ◽  
Procurement Contracts

The normative framework applicable to public institutions imposes an approach to public procurement management aimed at awarding public procurement contracts in conditions of economic and social efficiency. Achieving the objectives set at the level of the organization, in accordance with the principles underlying the award of public procurement contracts is conditioned by the adoption and implementation of specific procedures, mainly oriented towards the organization of decision-making processes. In the context of the crisis triggered by the new Coronavirus SARS-CoV-2, contracting authorities were forced to organize public procurement processes, in a matter of urgency, on a procedural background less oriented towards adopting fast and efficient decisions, with negative effects both on the available financial resources and on the process of ensuring the flow of products, services and works corresponding to the rhythm imposed by the urgent needs of public institutions involved in managing the effects of the health crisis. This paper aims at individualize the decision-making process in the field of public procurement in Romania, in order to identify models of good practice, procedures and support working tools for optimizing the public procurement process carried out at the level of contracting authorities in a matter of emergency.

scholarly journals Public Finance Expenditure And Awarding Work To External Contractors - Case Of Slovenia

2011 ◽  
Vol 27 (1) ◽  
Author(s):  
Stanka Setnikar-Cankar ◽  
Janko Seljak ◽  
Veronika Petkovšek
Keyword(s):  
Public Finance ◽  
Local Government ◽  
Private Sector ◽  
Public Procurement ◽  
Public Law ◽  
Legal Basis ◽  
Public Funds ◽  
The Public ◽  
Procurement System ◽  
Selection Of

The research project “Awarding Work to External Contractors” studied the practice of implementing public contracts in a significant selection of Slovenian local government bodies. Public procurement has become a permanent accompaniment to the business of central and local government and other public law persons with the private sector, and now goes beyond Slovenia’s borders. The public procurement system aims at dynamism, with the possibility of a rapid response to the needs of those using public funds. The principles of public procurement and its legal basis mean the system is rigid and complex, by its nature.

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