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Плотников, В. Д., та V. D. Plotnikov. "Совершенствование механизмов осуществления закупок товаров, работ, услуг для государственных нужд в субъекте Российской Федерации : магистерская диссертация". Master's thesis, б. и, 2021. http://hdl.handle.net/10995/99988.
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Фокусом научного исследования, проведенного в рамках настоящей магистерской диссертации, является механизм осуществления закупок товаров, работ, услуг для государственных нужд в условиях его реформирования. Цель исследования: анализ механизмов осуществления закупок товаров, работ, услуг для государственных нужд в субъекте Российской Федерации и формирование рекомендаций для совершенствования их работы. Основными методами проведения исследования стали качественный и количественный анализ, а именно экспертное интервью, контент-анализ. В процессе исследования были изучены теоретические основы контрактной системе в сфере закупок товаров, работ, услуг в Российской Федерации; рассмотрена нормативно-правовая база закупочной деятельности на международном, федеральном и региональном уровнях; предложено новое определение механизма закупочной деятельности; сформированы модели организации закупочной деятельности в регионах Российской Федерации; подготовлены практические материалы, которые могут быть использованы специалистами по закупкам в их профессиональной деятельности. Предложенные автором рекомендации по совершенствованию механизма государственных закупок региона Российской Федерации внесут уточнения в действующее законодательство, а также упростят и ускорят работу специалистов по закупкам.<br>The focus of the research conducted within the framework of this master's thesis is the mechanism of procurement of goods, works, and services for state needs in the context of its reform. The purpose of the study: to analyze the mechanisms of procurement of goods, works, and services for state needs in the subject of the Russian Federation and to form recommendations for improving their work. The main methods of conducting the research were qualitative and quantitative analysis, namely expert interviews, content analysis. In the course of the research, the theoretical foundations of the contract system in the field of procurement of goods, works, and services in the Russian Federation were studied; the regulatory and legal framework of procurement activities at the international, federal, and regional levels was considered; a new definition of the procurement mechanism was proposed; models of the organization of procurement activities in the regions of the Russian Federation were formed; practical materials were prepared that can be used by procurement specialists in their professional activities. The recommendations proposed by the author on improving the mechanism of public procurement in the region of the Russian Federation will clarify the current legislation, as well as simplify and speed up the work of procurement specialists.
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Chen, Songlin. "Mechanism design for procuring customized products /." View abstract or full-text, 2008. http://library.ust.hk/cgi/db/thesis.pl?IELM%202008%20CHEN.
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Bacher, Stephen E. "Supplier-customer relationships : a study of the application of quality management in the federal government /." Diss., This resource online, 1996. http://scholar.lib.vt.edu/theses/available/etd-06062008-155420/.
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Van, Essen Matthew J. "Implementing Lindahl Allocation - Incorporating Experimental Observations into Mechanism Design Theory." Diss., The University of Arizona, 2010. http://hdl.handle.net/10150/195026.
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Mechanism design theory has given economists a set of tools for designing institutions to achieve socially desirable outcomes. Unfortunately, the behavioral assumptions that these theories often rest are somewhat unrealistic. Testing these institutions in a laboratory setting gives us insight into what assumptions or properties of institutions make them behaviorally successful. Moreover these insights allow us to create new theories that offer, in principle, better actual performance. Thus, the interplay between experimental economics and economic theory seems vital in mechanism design to insure successful institutions. It is in this spirit that this dissertation precedes focusing entirely with mechanisms that were designed to achieve the Lindahl allocation in a public goods environment. The first chapter experimentally examines three such mechanisms in a laboratory setting. It finds that the mechanism that gets the closest to the Lindahl allocation is the one that induces a game with very strong stability of equilibrium properties. Unfortunately this mechanism also has some clear disadvantages: first, it is very complicated; second, payoffs to consumers while learning to play equilibrium are very low; and last, the mechanism gets more complicated when more people participate. The second chapter uses the insights from the first experiment to create a new institution which avoids some of the concerns outlined above while maintaining the strong stability of equilibrium property. The third chapter contributes a missing stability result into the literature. The final chapter of the dissertation experimentally compares the new mechanism introduced in chapter 2 with the most successful mechanism from the first experiment. The treatments in this experiment are designed to stress the above observed trouble areas.
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Mokgoro, Kgomotso Yvonne. "Public sector procurement as a poverty alleviation mechanism at Gauteng Department of Infrastructure Development / Kgomotso Yvonne Mokgoro." Thesis, North West University, 2010. http://hdl.handle.net/10394/12821.
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Public sector procurement, the provision to government institutions of goods and services from the private sector, normally takes a chunk of the national budget. In any country, there will always be goods and services that citizens expect from their government. Such goods and services include sanitation and provision of water, electricity provision, education and transport services, medical and health services, infrastructure and protection of human rights. Such goods and services can only be provided if there lis an effective public sector procurement system. An effective public sector procurement system is one which achieves its primary and secondary objectives of good governance and socio-economic, political and environmental objectives. It is one that benefits its citizenry, particularly the poor. In an effort to address the challenges of poverty and unemployment that face South Africa, government saw a need to employ its procurement powers to tackle this ever growing problem. The purpose of the study was thus to establish the extent to which public sector procurement, as applied at Gauteng Department of Infrastructure Development benefited the small, medium and micro enterprises particularly those that are owned by the previously marginalised.
A hypothesis was thus formulated to achieve the purpose of the study. Academic literature and government procurement documents were reviewed. An empirical survey was conducted using structured questionnaires and face-to face interviews. The findings of the study revealed that generally, public sector procurement does not benefiting the previously marginalised as it was intended to. This conclusion led to the validation of the hypothesis. To conclude the study, a number of recommendations are made to management to help improve the use of public sector procurement to advance the poor people of this country. I<br>M. Development and Management, North-West University, Vaal Triangle Campus, 2010
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Espino, Layza María Alejandra, and Ramírez Rosa Natalí Llique. "State of the Question and Future Challenges of Public Procurement in Peru Interview with Dr. Ricardo Salazar Chávez." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117088.
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The present interview has as purpose to give comprehensive overview about the currentsituation of public procurement in our country, with emphasis on the goals achieved and the possible challenges of the matter; all of this in the frame on the reform of public procurement law.<br>La presente entrevista tiene como propósito dar un panorama del actual estado de la contratación pública en nuestro país, haciendo énfasis en los logros que se han ido alcanzados y los posibles retos de la misma; todo esto teniendo en cuenta la reciente reforma en la normativa de contratación pública.
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Leung, Chun-wai David, and 梁俊偉. "An agent-based negotiation framework for supply chain management." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2003. http://hub.hku.hk/bib/B26651129.
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Zylbersztejn, Adam. "Strategic signaling or emotional sanctioning? An experimental study of ex post communication in a repeated public goods game." WU Vienna University of Economics and Business, 2014. http://epub.wu.ac.at/4075/1/wp161.pdf.
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Several experimental studies show that ex post communication mitigates opportunistic behavior
in social dilemmas. The source of this effect, especially in a repeated interaction, is nonetheless still obscure. This study provides a novel empirical testbed for two channels by which ex post communication may affect behavior in a repeated public goods game. One is related to strategic signaling. The other involves emotions induced by others' expressed disapproval. The presence of ex post communication strongly fosters pro-social behavior. The data
do not support the signaling hypothesis, favouring the emotion-based explanation instead. (author's abstract)<br>Series: Department of Economics Working Paper Series
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Yung, King Stanley. "Application of multi-agent technology to supply chain management /." Hong Kong : University of Hong Kong, 1999. http://sunzi.lib.hku.hk/hkuto/record.jsp?B21852170.
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Meireles, Marta de Castro. "The World Bank procurement regulations : a critical analysis of the enforcement mechanism and of the application of secondary policies in financed projects." Thesis, University of Nottingham, 2006. http://eprints.nottingham.ac.uk/11586/.
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Many national and international instruments have been concerned with building an effective procurement system. In this context, particular procurement issues, such as the implementation of secondary policies, the review mechanism to address complaints, provisions on electronic procurement or rules governing privately financed projects, have received an in-depth examination. However, the particular analysis of those issues in the context of World Bank-funded procurement has been given almost no attention in the literature. Discussing such issues in the context of World Bank procurement involves special consideration because of the status and character of the organisation and the special nature of the relationship between the Bank, the borrower, and private parties involved in the procurement process. This thesis proposes to offer a critical analysis of the World Bank procurement system in two specific respects, namely enforcement mechanisms and secondary policies. There are two main objectives in this study. The first one is to examine the current position in respect of those two issues, since there is no literature that offers a significant analysis of these points. Once it is determined what the current position is, this study will offer a critique of the rules and suggestions for reform, based on the particular character of the World Bank procurement system. In terms of the first subject, several options for establishing a complaints mechanism are considered. Since none offer a wholly satisfactory answer for the particular needs of the World Bank procurement system, this study has tried to offer a conciliatory suggestion whereby the current system of suppliers’ complaints would be strengthened by a more formal review mechanism. Regarding the analysis of secondary policies, it is suggested that the current provisions could be improved in three main ways; namely, through a review of the policies set in the Guidelines; through greater use of national policies, and by providing further scope for implementing international standards.
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Hradecká, Olga. "Komparace způsobu zajišťování samosprávných služeb ve veřejném zájmu obcemi s rozšířenou působností." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-264447.
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The main aim of this work is to analyze approache of different methods providing public goods in the public interest by municipalities with extended powers in the Czech Republic. In addition to the characteristics of individual methods the work focuses on legislation, particularly the new regulation on public procurement under the Act no. 134/2016 Coll., On public procurement. The aim of this study is to compare internal regulations of local governments for the procurement of small scale, beyond what the law requires. It refers to the release of the required transparency in these processes and the associated increase in administrative burdens for procurers and suppliers of public procurement.
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Lafkihi, Mariam. "The role of service procurement mechanisms in collaborative freight transport networks : design and investigation using simulation and gamification approaches." Thesis, Université Paris sciences et lettres, 2020. http://www.theses.fr/2020UPSLM053.
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La logistique est une dimension croissante et déterminante du management et de la compétitivité des entreprises qui entraîne avec elle une part importante de la performance de l’économie et de l’emploi en Europe. Sans le développement de la logistique, toutes les innovations des deux derniers siècles n’auraient pas été possibles. Nous sommes certes arrivés à un niveau de performance extrême, avec notamment des livraisons en moins de 2 heures, mais cela a un coût : 25 % des trajets des transporteurs se font à vide et le taux moyen de remplissage des poids lourds ne dépasse pas les 65% dans les pays développés. Le transport de marchandises est actuellement piégé par un système peu utilisé et peu respectueux de l'environnement. Ce dilemme peut être résumé par : comment continuer à satisfaire les exigences toujours plus pointues tout en maîtrisant les coûts et en respectant des normes environnementales et sociales plus exigeantes ? Au-delà d’une transition énergétique nécessaire mais insuffisante, des solutions émergent, notamment la mutualisation et l’interconnexion des transports de marchandises à grande échelle. La mutualisation en transport et logistique est un accord de partenariat qui consiste à la mise en commun volontariste de moyens physiques, d’informations et de compétences dans le but d’obtenir à long terme des gains économiques, écologiques et financiers. Le cadre de cette coopération peut revêtir des formes juridiques et organisationnelles variables en fonction de la nature des parties, des moyens et des produits ou services (Chai et al., 2013). Depuis quelques années, les grands distributeurs ont compris rapidement l’intérêt de partager des capacités de transport ou de stockage en recourant notamment à des prestataires de services logistiques communs. Ce partage est une source d’avantageconcurrentiel dans la mesure où il permet à la grande distribution, alimentaire ou spécialisée, de bénéficier d’économies d’échelle, et d’optimiser l’usage de ressources logistiques rares. Les démarches de mutualisation connaissent toutefois aujourd’hui une réelle accélération. Des solutions de mutualisation logistique et de transport multimodal voient le jour dans plusieurs régions où les industriels travaillent ensemble en collaboration avec les clients et les transporteurs. Sur cette base, l’objectif de cette thèse est de proposer des mécanismes de collaboration, sur la base de la théorie des « Mechanism Design », permettant la gestion des relations entre les différents acteurs d’un réseau de transport collaboratif, d’évaluer leur potentiel économique et écologique et d’étudier leur applicabilité dans un réseau de transport collaboratif<br>The importance of freight transport is amplified today by the rapid boom in E-commerce, and in particular new online-to-offline business strategies. To boost competitiveness, e-tailers and logistics service providers have devoted adequate efforts to managing express fulfillment services, e.g., same-day delivery (one or two-hour delivery), and various distribution and delivery channels. This has resulted in massive, high-frequency shipments with short lead times and fluctuating volumes. Moreover, freight transport organizations have undergone rapid changes. New markets and new technologies have emerged that will probably require innovative solutions as efficiency is still low. There is thus a strong motivation, involving economic, social, and environmental objectives, to develop more sustainable and efficient freight transport systems. In this vein, horizontal collaboration has been largely studied, and its effectiveness and efficiency in freight transport have been proven in the recent literature (Pan et al., 2019). In particular, Collaborative Transport Networks are a horizontal collaboration solution attracting increasing attention. Given the important role of freight transport in logistics and the multiple, compounding challenges faced by actors, an innovative, effective, and sustainable management of transport services procurement is needful for the emerging new collaborative transport networks. Moreover, new collaborative incentive mechanisms and rules are required to manage interactions between all the independent stakeholders in such networks. This dissertation intends to explore collaborative mechanisms that manage the interactions between actors and guide the self-interested decisions of individuals toward an optimal global solution in such a way that these individuals are motivated to choose the optimal and rational solutions. This dissertation provides a picture of existing mechanisms for freight transport service procurement, challenges components of existing research, and provides ground for further research
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Mnguni, Nombuyiselo. "To investigate and evaluate the implementation of the supply chain management in service delivery with specific focus on procurement processes of goods and services in the head office of the Eastern Cape department of health." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1599.
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Supply Chain Management is a well recognized managerial tool and government initiative, primarily aimed at improving all the aspects of the procurement activities in government organizations or any type of the sector. It focuses on meeting the needs of the service providers as well as of the customers. In 1994, South African Government came up with new initiatives to manage its budget and finance resources to meet the needs of the people. One of the new initiatives that the new Government introduced was the Supply Chain Management (SCM). The Constitution of the Republic of South Africa, Act No.108 of 1996, as amended regulates procurement through Section 217. The statutes states that “217(1) when an Organ of State in the national, provincial or local sphere of government, or any institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective The procurement reform processes were supported by the introduction of a number of legislative measures, including the adoption of the Public Financial Management Act (PFMA) and the Preferential Procurement Policy Framework Act (PPPFA). Public Finance Management Act (PFMA) is a financial act that was developed in 1999 to reform the public financial management of South Africa. The Act promotes the objective of good financial management in order to maximise delivery through the efficient and effective use of limited resources. Public Financial Management Act (PFMA) emphasizes on efficiency, transparency and economic utilization of public funds. The Treasury Regulations 16.5.3 states that, ‘when procuring goods and services, the procurement procedures must be in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. Even though government departments have started implementing the Supply Chain Management strategies, there are still some challenges and deficiencies that hinder appropriate implementation. There are some deficiencies in tender award systems, ineffectiveness of SCM training materials, lack of communication between management and SCM or implementing staff as a result the implementing staff is not aware of the organization’s goals regarding supply chain management activities. Lack of monitoring, evaluation and reporting is also another challenge. Due to these challenges, the Head Office of the Eastern Cape Department of Health had incurred some expenses in trying to address these yet the Supply Chain Management has little impact in improving the service delivery. The key research objective of this study is to investigate and evaluate the implementation of Supply Chain Management in service delivery with specific focus in procurement processes of goods and services in Head Office of Eastern Cape Department of Health. The study intends to establish and highlight the challenges that the Head Office of the Eastern Cape Department of Health is presently faced with in regard to implementation of the Supply Chain Management and the impact it has in service delivery. Data gathering techniques which include interviews and questionnaires had been used. The objectives, methodology and results of the study are presented. The conclusions and recommendations had been made with the basis that they will assist the department in improving the implementation of the Supply Chain Management which will have a positive impact in the service delivery. Further steps needs to be taken by the Provincial Treasuries in assisting department to improve in the implementation of the Supply Chain Management. Further research conduct is recommended for all the institutions of the department of Health as this study was focusing on Head Office only.
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Whitezell, Marc A. "Development of a Strain Energy Storage Mechanism Using Tension Elements to Enhance Golf Club Performance." Diss., CLICK HERE for online access, 2006. http://contentdm.lib.byu.edu/ETD/image/etd1258.pdf.
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Amorim, Ronaldo José. "O planejamento e a estrutura organizacional no processo de contratação de bens e serviços nas Universidades Federais do Maranhão (UFMA) e de Santa Maria (UFSM)." Universidade Federal de Santa Maria, 2014. http://repositorio.ufsm.br/handle/1/4729.
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This work approaches the restrictive factors that interfere in the optimization of the planning of the process of recruiting of goods and services between the sectorial demand and the service of the request for the Unit of Administration in two Federal Universities. The theme is discussed found in the authors' visions as Etzioni (1967), Barnard (1968), Tironi et al (1991), Tofler (2003), Mintzberg (2004), Senge (2005), Matus (2006), Marchi and Wittmann (2008), Motta (2010), Baily et al. (2010), Morin (2011), Tridapalli, Fernandes and Machado (2011), Morgan (2011), Juran (2011), Dias e Costa (2012), Drucker (2012), among others. The protected concepts for the authors allow to notice new possibilities for the administration of the process of recruiting of goods and services in our organizations in times of changes. The objective of the research consists of analyzing the restrictive factors that interfere in the optimization of the planning of the process of recruiting of goods and services between the sectorial demand and the service of this request for the Unit of Administration in the Federal Universities of Maranhão (MA) and Santa Maria (RS). This case study has character exploratory, descriptive, of qualitative nature. They were accomplished 12 (twelve) interviews that made possible the collection and the analysis of the data, the method of the analysis of the interviewees' speech was used to reveal problems associated to planning, the organizational structure, that interferes in the planning of the process of recruiting of goods and services. The results reveal that the researched organizations maintain inadequate organizational structures. The unit of central planning guides the dissociated expense of the reality of the administration of the sectorial units.<br>Este trabalho aborda os fatores restritivos que interferem na otimização do planejamento do processo de contratação de bens e serviços entre a demanda setorial e o atendimento da solicitação pela Unidade de Gestão em duas Universidades Federais. O tema é discutido alicerçado nas visões de autores como Etzioni (1967), Barnard (1968), Tironi et al. (1991), Tofler (2003), Mintzberg (2004), Senge (2005), Matus (2006), Marchi e Wittmann (2008), Motta (2010), Baily et al. (2010), Morin (2011), Tridapalli, Fernandes e Machado (2011), Morgan (2011), Juran (2011), Dias e Costa (2012), Drucker (2012), dentre outros. Os conceitos defendidos pelos autores permitem perceber novas possibilidades para a gestão do processo de contratação de bens e serviços nas organizações em tempos de mudanças. O objetivo da pesquisa consiste em analisar os fatores restritivos que interferem na otimização do planejamento do processo de contratação de bens e serviços entre a demanda setorial e o atendimento desta solicitação pela Unidade de Gestão, nas Universidades Federais do Maranhão (MA) e de Santa Maria (RS). Este estudo de caso tem caráter exploratório, descritivo, de natureza qualitativa. Foram realizadas 12 (doze) entrevistas que possibilitaram a coleta e a análise dos dados. Utilizou-se o método da análise do discurso dos entrevistados, para revelar problemas associados a planejamento, a estrutura organizacional, que interfere no planejamento do processo de contratação de bens e serviços. Os resultados revelam que as organizações pesquisadas mantêm estruturas organizacionais inadequadas. A unidade de planejamento central orienta a despesa dissociada da realidade da gestão das unidades setoriais.
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Astudillo, Meza Guillermo, and Montes Sandra Jiménez. "Compliance Programs as a Mechanism to Fight Corruption: Special Reference to Self-Regulation of Companies." Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/118648.
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This article analyzes the influence self-regulation has had in the recent years as a law instrument that helps monitor corporate organizations, as well as its consequences in the fight against public corruption through corporate compliance programs.<br>El presente artículo analiza la influencia que en los últimos años ha tenido el fenómeno de la autorregulación para el derecho como mecanismo de supervisión de las organizaciones empresariales y sus implicancias en la lucha contra la corrupción pública a través de los programas de cumplimiento para las empresas.
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Dowd, Vivian G. "The pervading role of risk allocation as the link mechanism between factors of influence and construction procurement practices adopted in the UK construction industry over the period 1965 - 1995." Thesis, Nottingham Trent University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.314338.
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Lee, Ka-chun, and 李家駿. "Strategic supplier alliances in the Hong Kong electronics industry." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2004. http://hub.hku.hk/bib/B31245547.
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Fellner, Gerlinde, Yoshio Iida, Sabine Kröger, and Erika Seki. "Heterogeneous productivity in voluntary public good provision - an experimental analysis." WU Vienna University of Economics and Business, 2010. http://epub.wu.ac.at/2775/1/wu%2Dwp133.pdf.
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This article experimentally examines voluntary contributions when group members' marginal returns to the public good vary. The experiment implements two marginal return types, low and high, and uses the information that members have about the heterogeneity to identify the applied contribution norm. We find that norms vary with
the information environment. If agents are aware of the heterogeneity, contributions increase in general. However, high types contribute more than low types when contributions can be linked to the type of the donor but contribute less otherwise. Low types, on the other hand, contribute more than high types when group members are aware of the heterogeneity but contributions cannot be linked to types. Our results underline the importance of the information structure when persons with different abilities contribute to a joint project, as in the context of teamwork or charitable giving. (author's abstract)<br>Series: Department of Economics Working Paper Series
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Júlio, Maria da Piedade Ramires. "Organização e implementação dos serviços de aprovisionamento dio Instituto Politécnico de Beja." Master's thesis, Universidade de Évora, 2009. http://hdl.handle.net/10174/21011.
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O presente trabalho de projecto aborda a organização e implementação dos Serviços de Aprovisionamento no Instituto Politécnico de Beja. Este trabalho de projecto trata de questões de organização e explica o que se entende por Aprovisionamento, o que o mesmo representa para o Instituto Politécnico, a forma como se adquirem os bens e serviços, respeitando as normas legais de contratação. Assim, parte-se do conceito de Aprovisionamento, como um conjunto de acções que consistem em colocar à disposição da Organização, os meios materiais de que ela necessita para poder laborar, nas quantidades e qualidades necessárias, no momento preciso e ao menor custo possível. O trabalho divide-se em duas partes: A primeira parte refere-se ao quadro conceptual de referência do Aprovisionamento. A segunda resulta da aplicação ao Instituto Politécnico de Beja. Analisaram-se as componentes técnicas e organizacional, por recurso a uma metodologia descritiva e qualitativa. Depois, procedeu-se a uma análise da componente tecnológica, no âmbito da qual, se produziram manuais de procedimentos únicos e uniformes para todos os serviços que trabalhem directamente com o Sector/Serviços de Aprovisionamento. Foi ainda abordada a componente comportamental. - ABSTRACT: This project work addresses the Organization and implementation of services supply the Polytechnical Institute of Beja. This project deals with matters of organization and explains what is meant by supply, that it represents for the Polytechnic Institute, how buying goods and services, while respecting the legal standards. Supply, defined as a set of actions that are in place at the disposal of the Organization, the material resources that it needs to be able to operate in quantities and qualities necessary now and at the lowest possible cost. For work is divided into two parts: the first part refers to the conceptual framework supply reference. The second is the result of applying the Polytechnical Institute of Beja. Analyzed the organizational and technical components using a descriptive and qualitative component. Then, an analysis of the technological component, under which, if produced manuals unique and uniform procedures for all services that work directly with the sector/supply service, was also approached the behavioral component.
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Hrochová, Petra. "Analýza účinnosti spolupráce veřejného a soukromého sektoru." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-85229.
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The theme of thesis is to analyze the effectviveness of public- private partnership. The thesis consists of theoretical and practical parts. The theoretical part defines public goods and means of their security. The following defines the public-private partnership. Than there is the evaluation of public procurements and Public Private Partnership projects in a legal and financial aspects. The practical part describes legal security and financing of Public Private Partnership project Aquapark Olomouc along with SWOT analysis and risk analysis. The analysis above leads to the identification of problematic points of the project. Finally, suggestions are formulated to solution of identified problems and evaluate whether, in this particular case, public-private partnership has been effective.
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Xu, Wei. "Optimising supply chain performance via information sharing and coordinated management." Thesis, University of Plymouth, 2013. http://hdl.handle.net/10026.1/2839.
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Supply chain management has attracted much attention in the last decade. There has been a noticeable shift from a traditional individual organisation-based management to an integrated management across the supply chain network since the end of the last century. The shift contributes to better decision making in the supply chain context, as it is necessary for a company to cooperate with other supply chain members by utilising relevant information such as inventory, demand and resource capacity. In other words, information sharing and coordinated management are essential mechanisms to improve supply chain performance. Supply chains may differ significantly in terms of industry sectors, geographic locations, and firm sizes. This study was based on case studies from small and medium sized manufacturing supply chains in People Republic of China. The study was motivated by the following facts. Firstly, small and medium enterprises have made a big contribution to China’s economic growth. Several studies revealed that most of the Chinese manufacturing enterprises became aware of the importance of supply chain management, but compared to western firms, the supply chain management level of Chinese firms had been lagging behind. Research on supply chain management and performance optimisation in Chinese small and medium sized enterprises (SMEs) was very scarce. Secondly, there had been plenty of studies in the literature that focused on two or three level supply chains whilst considering a number of uncertain factors (e.g. customer demand) or a single supply chain performance indicator (e.g. cost). However, the research on multiple stage supply chain systems with multiple uncertainties and multiple objectives based on real industrial cases had been spared and deserved more attention. One reason was due to the lack of reliable industrial data that required an enormous effort to collect the primary data and there was a serious concern about data confidentiality from the industry aspect. This study employed two SME manufacturing companies as case studies. The first one was in the Aluminium industry and another was in the Chemical industry. The aim was to better understand the characteristics of the supply chains in Chinese SMEs through performing in-depth case studies, and built models and tools to evaluate different strategies for improving their supply chain performance. The main contributions of this study included the following aspects. Firstly, this study generalised a supply chain model including a domestic supply chain part and an international supply chain part based on deep case studies with the emphasis on identifying key characteristics in the case supply chains, such as uncertainties, constraints and cost elements in association with flows and activities in the domestic supply chain and the international supply chain. Secondly, two important SCM issues, i.e. the integrated raw material procurement and finished goods production planning, and the international sales planning, were identified. Thirdly, mathematical models were formulated to represent the supply chain model taking into account multiple uncertainties. Fourthly, several operational strategies utilising the concepts of just-in-time, safety-stock/capacity, Kanban, and vendor managed inventory, were evaluated and compared with the case company's original strategy in various scenarios through simulation methods, which enabled quantification of the impact of information sharing on supply chain performance. Fifthly, a single objective genetic algorithm was developed to optimise the integrated raw material ordering and finished goods production decisions under (s, S) policy (a dynamic inventory control policy), which enabled the impact of coordinated management on supply chain performance to be quantified. Finally, a multiple objectives genetic algorithm considering both total supply chain cost and customer service level was developed to optimise the integrated raw material ordering and finished goods production with the international sales plan decisions under (s, S) policy in various scenarios. This also enabled the quantification of the impact of coordinated management on supply chain performances.
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容勁 and King Stanley Yung. "Application of multi-agent technology to supply chain management." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31223886.
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Dundas, Elizabeth. "The 1980 United Nations Convention on International Multimodal Transport of Goods : the exculpatory mechanism of art. 16(1) and the effects of #serious' faults on the M.T.O.'s defences; an analogous interpretation from U.S., English and French case-law." Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386400.
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Яковлева, П. М., та P. M. Yakovleva. "Влияние принципов поведенческой экономики на формирование предложения в условиях тендерных закупок : магистерская диссертация". Master's thesis, б. и, 2021. http://hdl.handle.net/10995/100714.
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В условиях тендерных закупок значимым является учет влияния многих факторов при выборе стратегии ценового предложения участника, которые выходят за пределы классической экономики. Целью магистерской диссертации является разработка модели прогнозирования ценового предложения участников тендерных закупок. В работе рассматривается понятие прогнозирования ценового предложения, влияние факторов на участника тендерных закупок и принципы поведенческой экономики. В качестве источников использовалась научно-исследовательская и методическая литература, нормативно-правовые акты и статистические данные различных электронно-торговых площадок в открытом доступе. В магистерской диссертации была разработана модель прогнозирования ценового предложения участника тендерных закупок, базирующаяся на функции полезности Неймана-Моргенштерна, отличающаяся учетом влияния релевантных факторов, позволяющая корректировать тактику поведения участника для каждого шага торгов и максимизировать полезность предложения с точки зрения принципов поведенческой экономики.<br>In terms of tender purchases, it is important to take into account the influence of many factors when choosing a bidder's price proposal strategy, which go beyond the classical economy. The aim of the master's thesis is to develop a model for forecasting the price offer of bidders. The paper discusses the concept of forecasting the price offer, the influence of factors on the participant in tender purchases and the principles of behavioral economics. The sources used were scientific research and methodological literature, regulatory legal acts and statistical data of various electronic trading platforms in the public domain. In the master's thesis, a model for predicting the price offer of a bidder was developed based on the Neumann-Morgenstern utility function, which takes into account the influence of relevant factors, which allows you to adjust the bidder's behavior tactics for each bidding step and maximize the utility of the offer in terms of the principles of behavioral economics.
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Winder, Brian Geoffrey. "Achieving Complex Motion with Fundamental Components for Lamina Emergent Mechanisms." Diss., CLICK HERE for online access, 2008. http://contentdm.lib.byu.edu/ETD/image/etd2279.pdf.
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Samb, Seynabou. "Le droit de la commande publique en Afrique noire francophone : contribution à l'étude des mutations du droit des contrats administratifs au Sénégal, au Burkina Faso, en Côte d'Ivoire et au Cameroun." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0326/document.
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Tenaillé entre les logiques de la globalisation juridique, de l'intégration communautaireet les contraintes politiques, économiques et sociales propres aux Etats, le droit des contratsadministratifs en Afrique noire francophone s'est transformé. Ses sources se sont élargies. Sesfondements conceptuels et matériels ont connu une mutation. C'est dans ce contexte qu'émergele droit de la commande publique. Renouvelant les principes matriciels de transparence, deliberté et d'égalité, le droit de la commande publique apporte un noyau dur de règles communesaux marchés publics, aux contrats de délégation de service public et aux contrats de partenariatpublic-privée. Pour ce faire, il se fonde d'abord sur une nouvelle conceptualisation des notions àla base du droit des contrats administratifs. Dans un second temps, le droit de la commandepublique représente une refondation des procédures de passation, des mécanismes de contrôle etde règlement des litiges relatifs à ces contrats administratifs. L'émergence de ces nouvellesrègles fait suite aux réformes d'envergure des législations nationales relatives aux contratsadministratifs. Cette étude se donne comme objectif d'analyser les apports véritables desdispositions issues de ces réformes afin de voir si elles ont permis de garantir davantagel'effectivité de l'idéologie concurrentielle<br>Caught between the new reality of legal globalization, community integrationrequirements and the political, economic and social constraints of each state, the regulation ofadministrative contracts in French-speaking African countries has changed. The sources of suchregulation have been expanded. Its conceptual and material foundations have changed. A newsystem of public procurement has emerged. Trying to renew principles of transparency, as wellas freedom of acces to public procurement and equality, the new public procurement regulationprovides a body of common rules for public procurement, public service delegation contractsand public-private partnership contracts.First, in order to achieve this, it relies on a new interpretation of the notions on whichAdministrative Contracts Law is based. Second, the new public procurement regulationrepresents a recasting of award procedures, control mechanisms and dispute resolutionmeasures. The emergence of these new regulations follows reforms of Administrative ContractsLaw in the respective countries.The objective of this study is to analyze the actual contribution of provisions flowing from thesereforms, in order to see if they are contributing to ensuring that competitive ideology isincreasingly effective
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De, Gaulmyn Louis. "Les mécanismes de soutien à la production d'électricité de source renouvelable." Thesis, Paris Sciences et Lettres (ComUE), 2019. http://www.theses.fr/2019PSLED023.
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L’Union européenne conduit une importante politique de développement des énergies renouvelables, visant à porter à 20 % la part de ces dernières dans la consommation d’énergie totale en 2020. Dans ce cadre, la France a mis en place une politique de soutien à la production d’électricité renouvelable, au moyen de mécanismes de soutien consistant en un subventionnement direct de cette production. Cependant, ce mode de soutien fait face à plusieurs problématiques qui remettent en question sa pérennité. D’une part, l’évolution de la politique du marché intérieur de l’électricité renouvelle la question de la compatibilité des mécanismes de soutien avec les dispositions du droit de l’Union européenne relatives à la libre circulation et aux aides d’Etat. D’autre part, le développement important de la production d’électricité renouvelable risque de remettre en cause l’équilibre du système électrique français. Afin de faire face à ces obstacles, la France a adopté une importante réforme de ces mécanismes de soutien et a mis en place plusieurs dispositifs annexes visant à adapter la croissance de la production d’électricité renouvelable aux contraintes posées par le système électrique. En prenant appui sur les récentes évolutions du droit positif et sur les doctrines développées par les acteurs institutionnels du marché intérieur de l’électricité, la thèse évalue la capacité de cette réforme à adapter la politique de soutien à la production d’électricité renouvelable à ces différentes contraintes juridiques et systémiques<br>The European Union is pursuing a major policy to develop renewable energy aimed at increasing its share to 20 % in total energy consumption in 2020. In this context, France has set up a policy to support renewable electricity generation, through support mechanisms that directly subsidize this generation. However, this mode of support faces several issues, which question its durability. On the one hand, the evolution of the internal electricity market policy renews the question of the compatibility of the support mechanisms with the provisions of European Union law on free movement of goods and State aid. On the other hand, the significant development of renewable electricity generation risks threatening the balance of the French electricity system. In order to cope with these obstacles, France has adopted a major reform of these support mechanisms and has set up several linked mechanisms aimed at adapting the growth of renewable electricity generation to the constraints posed by the electricity system. By using some recent developments of the positive law and the doctrines developed by the institutional players in the internal electricity market, the thesis evaluates the capacity of this reform to adapt the policy of support for renewable electricity generation to these legal and systemic constraints
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Abdi, Adel. "Efficient Winter Road Maintenance : A Study of Technical and Contractual Issues." Doctoral thesis, KTH, Väg- och banteknik, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-141945.
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Since ancient times, roads have tied people and cultures together. Roads have been createdwith the aim of facilitating trade and cultural exchange among different regions in the world. After the technologic development in vehicle industry and dramatically increase of motoring in the world during the past century road communication has gained a great importance for transporting people and goods. Thus, good safety and accessibility on roads all year round is now a vital necessity for a healthy economy in all modern societies. In order to keep roads safe, available for use with high transport quality they need to be maintained in real time. One of the most difficult tasks in this context is to keep the roads in good condition and accessible even during winter. The main objective of this doctoral thesis is to attempt to specify the most efficient ways of executing winter road maintenance. The preliminary issue in this context is whether it is the use of current assistive tools, that is, technical aspects that should be optimized and developed or whether it is the way in which winter maintenance services are procured and outsourced, that is, contractual aspects that should be improved which could give the optimal impact for both clients and contractors and make winter road maintenance more effective, or both issues. In order to define the outline of the research project a comprehensive state of the art survey was initiated with the intention of collecting and gaining insights into the earlier studies in the research area. Three basic areas associated with the performance of winter road maintenance were considered to be most relevant for review due to the anchorage between the areas. The selected areas were climatological, technical and contractual aspects. The literature review was followed by an electronic questionnaire survey. The results of the study in this stage showed that current technical methods almost functioned in a reasonable manner but there was an imprecise dissatisfaction with the current maintenance contract. The second stage of the research consisted of a number of additional empirical investigations in order to identify contractual problematic issues behind the current winter road maintenance in Sweden. Generally, those factors that are rarely considered as potential underlying causes to costly performance of winter road maintenance in Sweden were studied in this research project for example improper use of related technical assistive tools, procurement of improper bundled winter services and inappropriate contract structure. This thesis consists of six papers, five of which are related to each other, and the first one is completely independent but within research area. Findings in the thesis contributes to extend understanding about; how designing appropriate contracts can improve winter road maintenance, how proper use of assistive tools can reduce unnecessary winter road maintenance costs and minimize road traffic disruptions and delays, how a partnering structure in contracts can create confidence and trust between clients and contractors that in turn leads to minimizing or eliminating conflicts and disputes between parties involved, how choice of appropriate procurement methods through proper bundling of winter road services can contribute to shorten the procurement process and create incentives for contractors, and how selection of proper payment mechanisms can contribute to higher service quality of performed winter road measures. Additionally, an adequate knowledge and understanding of climate, proper knowledge of road weather and its impact on winter road traffic is essential for contribution of better planning of how to maintain the road network during winter. Since understanding about winter issues and its effect on winter road traffic is far from complete and winter road maintenance in the cold regions is a similar challenge, broad and complex, the results of this research may even contribute to improving winter maintenance problems in the countries with severe winters like Sweden.<br><p>QC 20140227</p>
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Chang, Chia-Chi, and 張嘉旗. "Procurement Management Analysis under Centralized Procurement Mechanism." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/30023631249031861053.
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碩士<br>元智大學<br>管理研究所<br>95<br>Appropriately apply procurement management may well reduce the overall enterprise''s operational costs, increase operating profits , maintain the cost and quality of the raw materials, able to coordinate the delivery time and assure the after sale services. Moreover,the procurement process is a critical cycle for an enterprise,most companies aim to reduce the operational costs by receiving raw materials on time, the procurement process must be flexible to environment changes, buyers have well-match authority for selecting the suppliers, and the cooperative and first-rate suppliers are the main aspects for choosing the suppliers. However, the government procumbent Acts is the guiding principles of the government procumbent policies which restrict government procumbent must be transparent, fair and abide by the laws and regulations. Therefore, the procumbent process of government is more complex and less autonomous compare to private enterprises..
This thesis takes the H corporation''s central procurement department as a case study to discuss the essential considerations of the procumbent methods and process as well as how this H corporations, congealment , it''s industry sectors and its uniqueness, it''s procurement process and strategy, and the approach using the IT software''s in making the procurement decisions, hoping from this research will provide helpful contributions to other companies and organizations.
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Tsou, Chung-Ting, and 鄒仲庭. "Consumer Deliberation and Information Goods Pricing Mechanism." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/72138012776126721509.
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碩士<br>國立臺灣大學<br>商學研究所<br>104<br>This paper intends to understand the pricing mechanisms chosen by a monopoly firm facing consumers with uncertain use frequency. There are two mechanisms, selling, where up-front payment allows unrestricted use, and pay-per-use, where payments are tailored to use. In addition, we also assume that the consumers could know their use frequency for certain if they spend a deliberation cost, and using on pay-per-use basis arise a psychological cost known as “ticking meter” effect.
This paper shows that the monopoly firm would always adopt two mechanisms in combination to segment its consumers if the deliberation cost is low. As the deliberation cost is not low enough, the monopoly firm would offer a lower price compared to when it’s too costly to deliberation to induce impulse buying. This paper also demonstrates that selling is more attractive to the firm when consumers’ use frequency is uncertainty, since impulse buying is profitable and only occurs when selling is available. When it comes to duopoly, the chance that firms can lower their price to induce impulse buying intense the competition between two firms with different pricing mechanism. Interestingly, the feature that pay-per-use makes profit according to the total use frequency cause the firm which adopts pay-per-use more aggressive in price competition, but it usually leads to zero profit for the firm which adopts pay-per-use.
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Liang, jing-yuan, and 梁靜媛. "A Study on Government Procurement Supervision Mechanism." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/36619724997668553882.
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碩士<br>國立交通大學<br>管理科學學程碩士班<br>92<br>This study presents the government procurement system, analyzes various government procurement supervision mechanisms one by one, and compares the meanings of those mechanisms. In addition, this study elaborates and reviews current government procurement system, and briefly introduces common procurement errors and misconduct cases. Furthermore, in order to fully understand the units members’ practical experience and opinions, this study conducts a survey on the completeness of Government Procurement Act and Regulations, the comparison between government procurement organizations and other monitoring mechanisms, the common procurement errors and solutions thereof, the operation and positioning of procurement supervision system, etc.
The findings of the survey are shown in the following: supervision units members’ comprehension on the affairs they are handling needs to be enhanced although the government procurement Act and Regulations appear complete; the present supervision system seems to be appropriate, but it is necessary that the overlapping authority to supervise be integrated; the manpower in supervision organizations cannot entirely cope with the workload and the professional training program should be improved; procuring entities agree with supervision units on the breach or fault found by the units and consequently correct their wrongdoings; the present mission-based organization approach is not appropriate, and thus it is suggested that the responsible entity set up supervision branches or divisions and manage as a whole.
Moreover, by utilizing the System Theory, this study proposes an improved implementation strategy of government procurement supervision system in terms of systems, concepts, implementation, results and management, and emphasizes the critical effect of performance evaluation on the promotion of efficiency in supervision at the same time. In conclusion, this study makes a policy suggestion on the positioning of supervision organization for the reference of future regulations amendment and system adjustment in hopes of preventing imperfections and malpractice effectively, ensuring quality of procurement, and attaining the win-win objectives of “profit making” and “malpractice prevention” through improvement on quality and volume of procurement supervision.
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Lu, Yu-Lin, and 盧宥霖. "A Study on the "Equivalent" of Patented Goods of Government Procurement Specification." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/79122105184461435870.
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碩士<br>國立臺灣大學<br>科際整合法律學研究所<br>99<br>The coverage of the prescription of government procurement specification should not merely include the procurement requirements of the procurement agent being satisfied, but, more importantly, boost fair competition. Government Procurement Act (GPA) is supposed to prescribe procurement specification in terms of function, performance, or standard, but in case that there is no sufficiently precise or intelligible way of describing the procurement requirements, a particular trademark, trade name, patent, etc. can be referred to noted with words such as “or equivalent”. The term “equivalent” is used to gain different ends as the law concerned changes. In Patent Law, the term “Doctrine of Equivalents” is applied to judge whether or not patent infringement is posed as a result of a similar item or method, which thus entitles the patentee to the exclusive right within a certain period of time, so that a restriction of competition is carried into effect. Government Procurement Act, on the other hand, legalizes the use of a similar item or method in government procurement by the name of “or equivalent,” which thus boosts fair competition. When the patent problem is involved in procurement specification, e.g., when the standard of specific patent or hidden patent is noted with “or equivalent” as referred in GPA Article 26-III, and thus potential problems arise concerning equivalent patent, method, item, or standard which coincide with specific patent having exclusive right, GPA, Standard Law, and Patent Law should, in this case, converge for explanation of applicability. To conclude, this study suggests that when it comes to the issue about Patent of Government Procurement Specification, “the way” in F.W.R. is not recommended being listed in the equivalent feature matching model for fear that there is improper restriction of competition.
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Hsu, Yu-Ting, and 許瑜庭. "Revenue Management for Durable Goods through a Trade-in Mechanism." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/cdxke8.
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博士<br>國立中央大學<br>工業管理研究所<br>104<br>The economics research suggests that firms can use trade-in as a revenue management device for price discrimination between new and replacement buyers of durable goods. Offering different prices to different groups of customers creates a market segmentation effect. Operation research findings suggest that the OEM always prefers to offer the trade-in program in the absence of third-party competition. However, the program will face critical issues arising from remanufacturing, such as the cannibalization. This study examines such an effect by considering No Trade-in, Trade-in-To-High, Trade-in-To-All and certified pre-owned options for a durable goods firm, where certified pre-owned indicates the used goods market generated from the return flow of trade-in transactions. The optimal pricing and/or trade-in rebate is determined, and the strategic choice in different scenario is examined. An analytical model is developed that incorporates the recovery cost and the key durable goods features into model formulation, specifically the deterioration rate (or durability in a reverse measure) and the variation in quality of the used goods. Our research findings indicate that: (i) the magnitude of trade-in rebates increases with the deterioration rate and quality variation; (ii) the strategic decision on trade-in-to-high program provision by the firm is critically dependent on the product deterioration; (iii) the segmentation effect outweighs the cannibalization effect when the deterioration rate is moderately high; (iv) when maintance cost is low, the strategic choice should only consider No Trade-in or Trade-in-To-All; (v) the strategic choice of trade-in and CPO options is critically dependent on these two features; and (vi) the majority of profit improvement is generated from trade-in provisions, although the CPO option can serve as a second profit boosting device.
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LI, MING-WEI, and 利明偉. "A Study on Government Procurement Debar Mechanism for Suspend Enforcement." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/p4p653.
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碩士<br>國防大學<br>法律學系<br>106<br>The suspension of the enforcement system plays a pivotal role in the protection of people’s rights. People’s rights are infringed upon by the state or other public administrative entities in the exercise of public power. In the process of petitioning administrative remedies in accordance with the law, enforcement by administrative sanctions will result in an “existence of "Facts" have caused the people to win the judgment of victory and cannot actually enjoy the rights. However, if we first examine the practical operation of this system, we can easily find that there are still many regrettable points: The people still lack a certain level of understanding of the entity's requirements, but they are in a situation of abuse; on the other hand, due to the administrative court case The proliferation of sources, the signs of overwhelming load, and the suspicion of the operation of an entity also have the suspicion of literary righteousness. Therefore, this paper believes there is room for review and interpretation of the entity's requirements.
Taken together, this article is divided into five chapters. The second chapter is “Notice of Bad Manufacturer System and Relief Procedures.” It describes the causes of bad companies, describes the legal nature of bad companies, and publishes communiques, and publishes the legal effects of the communique. The remedial channels of poor vendors and the plight of poor vendors screaming to stop execution. The third chapter introduces the “legal theory of temporary protection system”. Firstly, it protects the right to procedural rights. From the nature of procedural rights, it guides the right to sue to protect the right to request protection and procedural rights, that is, the specific public law disputes. . Then it introduces the constitutional basis of the temporary rights protection system in China and the functions of the system to ensure, distribute, and reduce the risk of misjudgment and temporary satisfaction. It also describes the implementation of temporary protection procedures and protection of effective rights. Furthermore, by referring to the current status of the suspension of enforcement systems in countries such as Germany and Japan, and proposing practices that can be used for reference by our country, we hope that in the interpretation and application of the cease-fire implementation system, China can more effectively apply the provisions of the The rights and interests of the people are reflected in the spirit of legislation.
In the fourth chapter, “materials and practical insights from bad vendors’ requests to stop execution”, the entity requirements for the suspension of enforcement against the administrative litigation law and the law on appeals, such as “difficulties in responding and having urgent circumstances” and “having a significant impact on the public interest” "The plaintiff's lawsuit appears to have no legal grounds," and "the legitimacy of the original administrative sanctions has doubts." Do detailed judgments and related practical insights. Through the discussion of the German law by Chinese scholars, the structure and current status of the provisional rights protection system under the administrative litigation law in China are constructed. Finally, we return to the discussion of how the bad vendors stopped the implementation of the practice. Through the discussions on government procurement cases in recent years, the administrative court ruled the cases of the bad manufacturers' requests to stop execution, and put forward the reasons for the court's decision to stop the implementation. Relevant judgment standards and views.
The fifth chapter "Conclusion and Suggestion," which is a review of the content of this paper, and put forward some opinions on the research results. This paper believes that the administrative court of our country uses almost “whether it can make monetary compensation” as a measure of whether there is “difficult to recover damage”. The court should gradually relax the interpretation of the entity's requirements on the interpretation theory. It should not be too rigidly adhered to the provisions, but should actually consider Various elements in the case were established, and entity examination standards that conformed to the law were established and operated stably to fully review the claims of the claimants (bad vendors) and to temporarily ensure the rights. In addition, we hope to provide reference for the implementation of government procurement practices to cease to be implemented through research and suggestions that can provide a reliable and effective way to ensure the protection of people's rights.
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Der-MingTsai and 蔡德明. "The Debarred Mechanism of Tendering in the Government Procurement Act." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/90755409993895000034.
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碩士<br>國立成功大學<br>法律學系<br>102<br>The Debarred Mechanism of Tendering
in the Government Procurement Act
Author’s Name：Tsai, Der-Ming
Advisor’s Name：Hsu, Teng-Ko
Department ＆ College：Department of Law, College of Social Science
SUMMARY
Where a procuring entity finds that a supplier has committed serious offenses or has significant deficiencies in performance of any substantive requirement or obligation under a contract, the procuring entity shall notify the supplier of the facts and reasons, and indicate with a note in the notification that it will be published on the Government Procurement Gazette according to Article 101. A supplier whose name has been published on the Government Procurement Gazette pursuant to the circumstances in Article 103 is prohibited from participating in tendering in one year or three years. If a supplier has any objection, the rules of dispute settlements are mentioned in Article 102.
The purpose of the mechanism is in order to avoid further harm to other procuring entities and protect the public interest. The thesis is named the debarred mechanism of tendering because the noun of the debarred supplier appears on the Government Procurement Gazette and the legislative reasons in Article 103 paragraph 2.
Since the implementation of this mechanism, a lot of disputes have been arising due to the lack and shortage of the law, in particular on the identified standards for the facts and circumstances. The disputes are mostly the subject of contractual obligations currently. Once a supplier is published on the Government Procurement Gazette, the loss of profits during the period of the debarred participation in tendering is very difficult to calculate and return. So the related problems are worth to discuss and resolve. The Agreement on Government Procurement has been updated on March 2012, and it includes the new article is related to the conditions prohibited from participating in tendering. In order to connect this new article, the Procurement and Public Construction Commission completed the revised draft articles for the Government Procurement Act on September 2012.
The thesis discusses and comments the lack and shortage of the law according to the appealed cases in the administrative courts and the revised draft articles. Then the thesis makes the suggestions on the revised articles and the executed procedure of the debarred mechanism of tendering to the procuring entities, the suppliers and the administrative courts for reference.
Key words: Government Procurement Act, Debarred Supplier, Procuring Entity, Government Procurement Gazette, Procurement Contact, Contractual Obligations, Published Notification, Prohibited from Participating in Tendering
INTRODUCTION
The thesis firstly introduces the legal principle of contract on administrative laws, and then analyzes the requirements in the Government Procurement Act as the legal principle on administrative law. The legal principle of contract on administrative law is a main theory to discuss any problems in the thesis. To resolve the core of disputes should use the principle of contract on administrative laws because the theory of the civil law can not resolve all the procuring problems.
The procedure of the debarred mechanism of tendering is introduced, including several stages, to identify for the facts and circumstances, to publish notification, to sue appeals, to prohibit from participating in tendering and so on. The relevant legal problems are discussed and commented.
MATERIALS AND METHODS
The thesis refers to the journal articles, the master's degree studies, the academic books of administrative laws, the information of the Procurement and Public Construction, as well as the judgments of the administrative courts and so on. The thesis collects the related information, then organizes, summarizes, discusses them. Finally the thesis makes a conclusion and some suggestions.
CONCLUSION
The procurement contacts are different from the contracts on the civil law. The Government Procurement Act is one of administrative laws. So the contractual behaviors of procuring entities and suppliers should be obeyed and explained under the structure of administrative laws. The Constitution and administrative laws have a priority to be applicable.
In addition to the provisions of the debarred mechanism of tendering shall be upgrading to make clearer, the identified standards for the facts and circumstances should be set. A procuring entity considers whether it is a serious circumstance in accordance with the comprehensive considerations including the proportion of the amount of the contract, causing the damage to the public interest, whether the man whom subjective intent, whether the violation of the principles of integrity, adverse effects on the quality and safety of the public works, and the impact on the fulfillment of contractual purposes, etc. As for the responsibility attributable to a supplier, it should be an attributable responsibility to a supplier more than an attributable responsibility to a procuring entity or a design unit. Administrative acts shall be performed the one with the least harm to the rights and interest of the supplier shall be adopted. The principle should also be applicable to identify for the facts and circumstances, to publish notification in the debarred mechanism. An administrative authority shall take into consideration all circumstances advantageous and disadvantageous to the supplier to the administrative procedure in its charge. In this way, the profits of a supplier can be protected indeed.
If a supplier who deems that the notification made by a procuring entity according to the preceding Article is in breach of this Act or untrue may file a written protest to the procuring entity. A supplier does not abandon to claim the right to stop the execution of prohibition from participating in tendering because the loss of profits is very difficult to calculate and return. The administrative court should strictly examine whether the loss of profits is very difficult to calculate and return. Once a published notification is illegal after the judgment of the administrative court, the loss of profits to a supplier should be claimed from the country.
The debarred mechanism of tendering is necessary and important to avoid further harm to other procuring entities and protect the public interest. By discussions and suggestions herein, I hope that the mechanism is more perfect in the future.
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Lin, Yu-min, and 林育民. "Research on the Mechanism of Unified Contracting in Government Procurement." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/71308775316834825067.
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碩士<br>國立臺灣科技大學<br>營建工程系<br>91<br>The mechanism of unified contracting contains such functions as to improve the efficiency, to decrease the cost of procurement and to reduce related disputes etc. In recent years, the government adopted centralized procurement system and has established a virtual center for unified contracting and centralized procurement. The main objective of this study is to evaluate the centralized procurement system and the procurement operation of unified contracting center.
In this study, the current practices of unified contracting and centralized procurement for both central and local government were investigated. Case studies and questionnaire survey were conducted to investigate the key issues and problems encountered with existing regulations. Then a preliminary framework of performance measurement for unified contracting was developed, and the efficiencies and benefits of current contracting centers in terms of reduced time, cost saving, bid protest and customer satisfaction were measured accordingly.
Based on the results, some modifications to the existing system concerning organizational structure and implementation modes of the unified contracting mechanism are proposed to both the central and local government. In addition, the reacting strategy and promotion plan as well as related measures are developed consequently for concerned authorities to improve the performance of government procurement.
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Ho, Riuo-Sheng, and 何瑞生. "Research of Withdraw from Interest Conflict Mechanism in Government Procurement Procedure." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/28878566052003152087.
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Ungureanu, Sergiu. "Essays on Prospect Theory, Dynamic Contracting and Procurement." Diss., 2013. http://hdl.handle.net/10161/7246.
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<p>This dissertation collects work concerning the way individuals deal with imperfect information, both related to their knowledge of themselves and of others. The second chapter shows that bounded rationality, in the form of limited knowledge of utility, is an explanation for common stylized facts of prospect theory like loss aversion, status quo bias and non-linear probability weighting. Locally limited utility knowledge is considered within a classical demand model framework, suggesting that costs of inefficient search for optimal consumption will produce a value function that obeys the loss aversion axiom of Tversky and Kahneman (1991). Moreover, since this adjustment happens over time, new predictions are made that explain why the status quo bias is reinforced over time. This search can also describe the behavior of a consumer facing an uncertain future wealth level. The search cost justifies non-linear forms of probability weighting. The effects that have been observed in experiments will follow as a consequence.</p><p>The third chapter looks to understand how firms create and maintain long term relationships with consumers, or how procurement relations evolve over time, by studying a dynamic variant of the classical two-type-buyer contract in mechanism design. It is less trivial and more interesting if the utility determinant (or utility type) is not fixed or completely random, and fair assumptions are that it is either stochastic, or given by a distribution whose parameters are common knowledge. The first approach is that of Battaglini (2005), while the second is pursued in this paper. With two possible types of buyers, the buyer more likely to have a high utility type will receive the first-best allocations, while the other will receive the first best only if he has the high utility type. </p><p>The last chapter analyzes a dynamic procurement setting with promise keeping, where two firms (agents) with private information on their costs contract competitively with a principal. To this end, two models are proposed and the optimal allocations are determined. The agents face liquidity constraints, which induce distortions when high marginal costs are reported. We deduce that the principal uses promised utilities to incentivize the agents, which act as state variables in the recursive maximization problem. High cost types are allocated less than efficient quantities and the inefficiency of the allocation is relieved as the promised utilities increase.</p><br>Dissertation
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Lin, Yi-cen, and 林怡岑. "A procurement mechanism design with consideration of supplier''s quality." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/40707515064547582936.
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碩士<br>國立中央大學<br>工業管理研究所<br>100<br>Defects often occur during production process. However, supply quality may be unknown and result in not only difficulties in production planning and forecasting but also extra costs for returning or scraping.
In this study, we consider that the buyer is facing a supplier with unknown production quality and intends to determine the order quantity. We design a procurement mechanism which provides incentives for the supplier by applying penalty for difference between declared and true quality and maximizing the utility of revealing true attributes.
We then concluded that the order quantity from the supplier with high or low quality must satisfy a certain ratio. Generally, if the buyer promises to order more items from the low-quality supplier, the supplier will admit true quality. Moreover, we observed that parameters such as the payment and penalty, supplier’s quality and production costs, and the probability of the supplier’s type would affect the optimal order quantity and objective function.
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Chiu, Shi Hau, and 邱世豪. "The Development of Negotiation Mechanism and Integration of an e-Procurement System." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/03692827553053386421.
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碩士<br>義守大學<br>工業工程與管理學系<br>92<br>Electronic commerce activities are growing rapidly on the Internet. Negotiation in electronic commerce is the newest application of computer agents on Purchasing. In order to improving the overall satisfactory in e-marketplace, we need to develop on equitable negotiation mechanism, to take care the interests of both buyers and suppliers, which also avoid price-war occurred. The main purpose of this thesis is applying Fuzzy Theory to assist supplier analysis the proposals provided from customer, and generate a reasonable counterproposal, such that the both sides have a chance to express opinion that cause to a successful negotiation.
In B2B Electronic commerce, it is an important issue for information technology to exchange data among heterogeneous enterprise information systems. With information technology maturing, several major American electronic companies called to found the “RosettaNet” organization. The “RosettaNet” pushes a standard architecture of data exchange and procedure among enterprises. This thesis also abides by this standard architecture operating, it can improve business information exchange among heterogeneous information systems of upstream and downstream enterprises. When the partners, of different levels of information technology in the supply-chain, adopt proper supply-chain e-procurement operation model, the competitiveness of the whole supply chain can be raised.
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SHENG-CHIEH, CHENG, and 鄭勝介. "A Study of Adverse Vendors Suspension Mechanism In the Government Procurement Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/12029888154929136719.
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碩士<br>國防大學<br>法律學系<br>102<br>The Government Procurement Law so far, is not only holding up as the standard procurement operations at all levels of the government agencies but also private businesses, schools and organizations have adopted it.The impacts are far-reaching.And the Adverse Vendors Suspension Mechanism affects considerably the rights of work ,property and subsistence of the vendors. When verified by practice , found it is difficult to implement or it's deficiencies.Only keeping pace with the times, amending the law etc.to attain perfection.
This paper is not aimed at all contentious issues of current procurement but the controversies caused by the participation that vendors have with the government on the procurement which violates the Procurement Law Section 101 of suspension. Through the opinions of domestic scholars and real practices to analyze and compare the vendors' wrongdoing, breach of contract and responsibility and things on breaching the procurement operations suspension and controversies ,to discuss if the current law complete, reasonable and practicable? so to be the suggestions or reference resources.
Although some scholars believe that the design of the suspension system on the procurement law violate the principle of autonomy of civil law which can not eradicate the offense of vendors effectively and improve the effectiveness of healthy competition between the vendors.So claim to delete the suspension disciplinary system; But this paper assumes that although the system of suspension on the procurement law got the impacts on the work rights of vendors and their property ,but there are objections , appeals and administrative remedies set up for this design , which are in line with fairness, justice principles and have the function of maintaining market order. In fact,it should not be abolish easily.
Keywords: suspension, objection, appeal, administrative remedy, Significant circumstances, adverse vendors.
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徐孝利. "Research on the mechanism of the most advantageous tender for government procurement." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/57430802847952099526.
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碩士<br>國立政治大學<br>行政管理碩士學程<br>96<br>The“most advantageous tender”is a type of bidding mechanism developed after considering the pragmatic practices implemented by some of the most advanced countries in the world economy. It is one of the specialties in the procurement act of our government. However, the mechanism has frequently been abused by some of the unscrupulous government employees. The negative impact of such fraudulent abuse has prompted the government to change its policy of promoting the most advantageous tender. The government’s new policy is to sign contracts with those who offer the lowest, but not necessarily the most appropriate, tender. Regulations still permit the use of the most advantageous tender, but only when implemented under the closest scrutiny.
The author of this research paper has for decades been involved in government procurement missions as a member of the procurement evaluation committee. He has studied and is familiar with many relevant theses on bidding systems. He has analyzed numerous cases of appeal, the evolution of pertinent decrees and defective purchasing cases. Additionally, the author has examined the advantages and disadvantages of the most advantageous tender by observing pragmatic practices and conducting in-depth interviews with officials associated with procurement missions.
This research paper proposes a series of appropriate procedures and implementation forms necessary to insure that most advantageous tender can be used successfully for government procurement duty. The author also respectfully submits suggestions to government officials to help establish a new set of procurement regulations and procedures. In so doing, the author hopes to increase the efficiency of the government’s procurement work and improve the quality of all items thus purchased.
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Lo, Mei-Lan, and 羅美蘭. "The Mechanism Design Analysis of Contractor Selection Procedure from Government Procurement Act." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/4s9489.
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碩士<br>國立交通大學<br>科技法律研究所<br>96<br>Contractor selection procedure of Government Procurement Act is the preliminary procedure to satisfy the government procurement demand. The result of this procedure decides who could be the contractors and the welfare allocations of participators. For institution designers, an appropriate act must satisfy individual and social benefits based on a minimal institutional transaction cost. This thesis applies participation constraint and incentive-compatibility constraint of mechanism design theory to analyze the issues of contractor selection procedure.
We built a game model of contractor selection procedure to solve for the optimal behavior strategies equilibrium under the price-competitive mechanism, discuss theoretical criteria under the ability-competitive mechanism, and analyze the impact on firm transaction cost under nowadays tendering system.
The findings suggest that the more tenders, the more procurement efficiency institutes have; the effect of setting the floor price equals to add a virtual competitor; the lowest price tender system brings less transaction cost to procurement system; the most advantageous tender system works only when the criteria have different ability-basis cost; the existing system is instable due to over-empowerment, which leads to over conservative or right abusing. Finally, the openness and fairness of contractor selection procedure could diminish asymmetric information in government procurement and thus reduce collusions of participators.
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Han, Chun-Chieh, and 韓俊傑. "Optimal Quality Inspection Mechanism on Remanufacturer’s Procurement Decision with Two Different Recycling Resources." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/17347606039228799804.
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Sung, Chang-Kuo, and 宋昌國. "Research on Adverse Manufacturers Suspension Mechanism at §101 of the Government Procurement Law." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/zt5k7b.
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碩士<br>國立中興大學<br>國際政治研究所<br>106<br>Since the enactment of the Government Procurement Law, all the government authorities, public schools, public utilities, corporates or groups which accept more than half of subsidies of procurement should be subjected to the provisions of the Government Procurement Law. Although the government procurement law for development detaches our government procurement from the anti-harm-based inspection system, speaking of pratical operation, it has indeed established an open, transparent and fair procurement system, and it provides a clear standard for those enterprises to execute governmental procurement. However, since the promulgation and implementation, it has repeatedly been challenged by experts, questioning it can not stimulate industries to compete, and is not able to make to the fullest of “profits”, and to prevent the "fraud prevention".
Especially the so-called Clause 101, relating to the suspension mechanism. Because of the strict norms, the threshold to supend manufacturers is low, they might face one or three years suspension by accident, resulting in losing both monetary and reputation. The purpose of this specification is to avoid those adverse manufacturers from continuing undermining authorities’ procurements. Nevertheless, the result of the implementation has caused some negative effects, instead of achieving advantages. Good manufacturers are worried about being suspended, and they may refuse to participate in governments’ procurements or be excluded from the governments’ procurements, such as T.Y. LIN engineering consultant, AECOM engineering consultant and other well-known international engineering and technical consultants,. They all have been suspended from the current regulation. And the real adverse manufacturers, they can immediately alternate their licenses or borrow licenses from others after the suspension, neglecting the punishment. The result of the implementation leads to an obvious ” mobilization deviation.”
This study attempts to find out the fundamental elements of legislation and the objects which protected by law from the purpose of enacting the procurement law, and to scale whether the influence of the suspension mechanism regarding the manufacturers is corresponded to the Constitution. Prior to this, this article first ensured the two-tier theory of the government procurement law, also agreed to make suspension notice an administrative sanctions, and have the nature to penalize and to confirm the nature of government procurement and suspending punishment, it is conducive to the following discussion, regarding to the 14 elements of the suspension.
There are manufactures which violate Public Law Obligations in the 14 elements of suspension related to the government procurement (even violate Criminal Law Obligations), there are ones violated Private Law Obligations of contracts, there are bankruptcy which do not violate any obligations. Legal system is not justice, not harmony, or even unclear, leads to same issue with different solutions on Judicial Practice, obviously violates the principle of equality. In addition, there are many flaws in law, including bribing procurement personnel, seriously damaging the order of competition, obvious flaws that are not subscribed in suspension; there are ones who did not fill up daily project report clearly and ultimately being suspended due to counterfeiting compliance document, this is obvious hidden flaws that it over standarded. In this article, according to the subjective elements of the people''s professional freedom, it utilizes medium standard of judicial review to measure the law related to suspension, discovered there are some parts violate the constitution, and the law of suspension also is lack of adjustment.
This article refers to the government procurement law suspension mechanism’s draft amendment of Administration of the Public Construction Commission of the Executive Yuan. According to the results discussed in this paper, considering the legal principles of the two-tier theory, harmony of the legal system, the principle of equality, the principle of proportionality, government procurement agreements and reducing loopholes. In the part of the suspension, it is recommended to only retain the illegal part. As for the breach of contract and the requirement of non-liability, it should be excluded from the scope of the suspension. In the part of legal effect of the suspension, the alternatives are to accumulate points, to give manufacturers the opportunity to improve themselves, with a view to corresponding the nature of both punishment and domination. This approach still retains the effect of the penalty for those bad manufacturers, but there is no threat to those good manufacturers contrasted to the laws now, it will be conducive to the establishment of a positive competitive environment. It is hoped that the presentation of this paper will provide reference for the procurement authorities and manufacturers in the face of confronting suspension and stimulate the modification of the suspension mechanism.
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Hu, Wen-Ting, and 胡文婷. "A Study on Procurement Mechanism for Post-Disaster Remedy of Roads and Bridges." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/09244523669107401801.
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碩士<br>國立中央大學<br>營建管理研究所<br>99<br>Currently road and bridge management agencies repair or remedy damaged roads and bridges after disaster by incorporating indefinite delivery contract (IDC) tendered in year-end or before flood season, applying limited tendering procedures based on Article 22 of Government Procurement Act, or by tendering an emergent contract based on Article 105 of the same Act. This research collects 20 copies of relevant contracts from various agencies such as Directorate General of Highways and local governments, and then interviews 15 experienced personnel such as chiefs of agencies, persons in charge, contractors, scholars, and experts to explore deficiencies of current practice and to provide corresponding suggestions.
This research summarizes seven problems in the current practice of using IDC: (1) remedy works included in regular maintenance IDC, (2) IDC incorporating clauses of standard engineering procurement contract, (3) multiple awards of IDC of a single contractor, (4) ambiguous clauses for pre-disaster mobilization, (5) insufficient considerations of workers’ safety, (6) interface problems of cross-district supports, and (7) disputes resulting from amount of completed work. Three attributes of tendering emergent contracts are also discovered: (1) slow contract awarding, (2) applying limited tendering procedures based on Government Procurement Act, and (3) absence of applying Disaster Prevention and Protection Act.
This research proposes corresponding suggestions to current problems from executive (short-term), contractual (mid-term), and statutory (long-term) aspects. Proposed suggestions, from the executive aspect are (1) issuing a paper notice when informing work scope, (2) revising complementary clauses yearly, and (3) enforcing personnel training; from the contractual aspect are (1) increasing incentives for the contractor, (2) detailing definitions of mobilization clauses, (3) including safety clauses for workers, and (4) tendering separately for special methods or professional techniques; and from the statutory aspect are (1) defining a standard IDC for post-disaster remedies, (2) defining clearly the relationships between Disaster Prevention and Protection Act and Government Procurement Act, and (3) defining the timing for tendering emergent contracts. Results of this research are deemed useful to the agencies responsible for road and bridge remedies after disasters.
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Tsai, Sheng-ying, and 蔡昇穎. "The Mechanism of Construction Procurement Bid Reviewing and the Contractual Unit Price Adjustment." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/65rmba.
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碩士<br>國立中央大學<br>營建管理研究所<br>96<br>Since the inauguration of the Government Procurement Law (GPL), the contracting officers usually adopt lump-sum lowest bid method to award the contract for a construction project to the bidder who submits the lowest bid price. If the bid price is considered to be unreasonable, the contracting officers often just ask the lowest bidder providing additional security bond to protect their privities. But they never review the lowest bid price if it is so low that evidently appears to be unreasonable.
However, for preventing the occurrence of unbalanced bids, after the lowest bidder is awarded a construction project contract, the contractual unit price for each cost item is taken as the product of the owner’s estimated unit price and a discounting ratio equal to the total bid price divided by the owner’s project cost estimate. But in procurement practice, such contractual unit price may cause disputes when a change order for an increased or decreased quantity of work for an item.
The purpose of this study is to develop the mechanism of construction procurement bid reviewing and the contractual unit price adjustment:
(1) After tender opening, apply the provided model to determine whether the bid price is reasonable if the lowest bid price is too low.
(2) When the contract is awarded to the lowest bidder, adopt the provided model to adjust the contractual unit price.
It is expected that the mechanism will help reduce contractual disputes.
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Eltantawy, Reham A. Giunipero Larry Carl. "The impact of strategic skills on supply management performance a resource-based view /." Diss., 2005. http://etd.lib.fsu.edu/theses/available/etd-07112005-152058.
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Thesis (Ph. D.)--Florida State University, 2005.<br>Advisor: Larry C. Giunipero, Florida State University, College of Business, Dept. of Marketing. Title and description from dissertation home page (viewed Jan. 12, 2006). Document formatted into pages; contains x, 94 pages. Includes bibliographical references.
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Chen, Ting-Hau, and 陳廷豪. "The research of applying negotiation mechanism to the transaction of information goods bundled:for emarketplaces." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/11130885643287140624.
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碩士<br>國立中正大學<br>資訊管理學系<br>90<br>Traditionally Negotiation plays an important role among transaction processes. When the transaction activities are gradually transferred from physical world into digital conditions, applications of automated negotiation are brought up by scholars in order to satisfy the demands of buyers and sellers efficiently. Nowadays researches of this aspect discussed presumed buyers-sellers relationship and single product with multiple attributes. The realistic fact is that when companies negotiate procurement, they always want their products can provided from many suppliers to prevent the effects that result from negotiation breach. About trading items, they usually take advantages by large purchasing quantity. However the related researches can’t solve these problems.
Because the information goods have the property that their marginal costs are near zero, now many suppliers generally sell information goods by bundle approach. If we discuss from negotiation viewpoint, because the bundled product contains many kinds of products, companies often have different conditions for different products. As a result, it is necessary to develop a mechanism to integrate the overlaps of each product attributes. Recent researches of the strategies on negotiation or the bundle of information goods don’t discuss these problems so much.
In order to solve these mentioned problems, our research applies the automated negotiation into the transactions of the information goods. We hope through the mechanism we established, let companies find the profitable sellers from many suppliers. By buying many products one time, let companies have more concession on each negotiation issue from suppliers. For suppliers, because they sell many products once, they can reduce the cost from marketing and transactions processing. They have more desire to make a concession to companies’ demands. From B2B eMarketplaces, if they provide the additional service of this negotiation mechanism, they can make the transactions more frequently between companies and suppliers, and enhance the buyers’and sellers’loyalty to them. All of them will gain interests.