Journal articles: 'A public contract'

1

Williams, John F. "Public Contract Operations." Journal - American Water Works Association 89, no. 4 (April 1997): 8. http://dx.doi.org/10.1002/j.1551-8833.1997.tb08201.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Ginter, C., and M. Kelve-Liivsoo. "Applying the Unfair Contract Terms Directive to Public Contracts." European Procurement & Public Private Partnership Law Review 16, no. 1 (2021): 65–72. http://dx.doi.org/10.21552/epppl/2021/1/9.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

O’Brien, Sean. "Border, Theory, Contract: An Interview with Angela Mitropoulos." Public 28, no. 55 (June 1, 2017): 84–92. http://dx.doi.org/10.1386/public.28.55.84_1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Bayram, Ayhan, and Ece Zeybek. "Organizational Identification and Psychological Contract Relationship between Public Employees." International Journal of Trade, Economics and Finance 7, no. 3 (June 2016): 56–61. http://dx.doi.org/10.18178/ijtef.2016.7.3.499.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Alexander, Jeffrey A., and Thomas G. Rundall. "Public Hospitals Under Contract Management." Medical Care 23, no. 3 (March 1985): 209–19. http://dx.doi.org/10.1097/00005650-198503000-00003.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Smith, Richard. "Contract compliance and public purchasing." Chartered Institute of Public Finance and Accountancy. Public Money 6, no. 4 (March 1987): 25–27. http://dx.doi.org/10.1080/09540968709387407.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Awad, Dr Farkad Abood. "The Legal Effects of the Public Works Contract in Iraq." International Journal of Psychosocial Rehabilitation 24, no. 02 (February 12, 2020): 2068–77. http://dx.doi.org/10.37200/ijpr/v24i2/pr200507.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Beuve, Jean, Marian W. Moszoro, and Stéphane Saussier. "Political contestability and public contract rigidity: An analysis of procurement contracts." Journal of Economics & Management Strategy 28, no. 2 (July 2, 2018): 316–35. http://dx.doi.org/10.1111/jems.12268.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Kusakari, Kozo. "Public Works and Contract Bond System." Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE), no. 598 (2007): 73–92. http://dx.doi.org/10.5609/jsis.2007.598_73.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Potyraj, Marek. "Construction work contract in public procurements." Acta Iuris Stetinensis 15 (2016): 59–86. http://dx.doi.org/10.18276/ais.2016.15-04.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Kelliher, Clare, and Steve McKenna. "Contract Caterers and Public Sector Catering." Employee Relations 9, no. 1 (January 1987): 10–13. http://dx.doi.org/10.1108/eb055090.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Henderson, A. Scott. "Public Universities and the Intergenerational Contract." Educational Forum 75, no. 3 (July 2011): 274–75. http://dx.doi.org/10.1080/00131725.2011.577670.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Debono, Pauline. "Transforming Public Procurement Contracts Into Smart Contracts." International Journal of Information Technology Project Management 10, no. 2 (April 2019): 16–28. http://dx.doi.org/10.4018/ijitpm.2019040103.

Full text

Abstract:

The terms governing the provision of supplies, services, or works by an economic operator to a governmental entity are set into a public contract that is signed, following a procurement process. This article explores whether the public administration can utilise smart contracts to incorporate the terms governing the provision of supplies, services, or works. The fundamental elements of a contract are assessed, in order to determine whether a smart contract can be considered as fulfilling these requirements. Following this assessment, the main hurdles to the use of smart contracting are examined and a possible solution proposed. The case for utilising smart contracting within the realm of public procurement is finally advocated.

APA, Harvard, Vancouver, ISO, and other styles

14

Herz, Benedikt, and Xosé-Luís Varela-Irimia. "Border effects in European public procurement." Journal of Economic Geography 20, no. 6 (April 2, 2020): 1359–405. http://dx.doi.org/10.1093/jeg/lbaa001.

Full text

Abstract:

Abstract In this paper, we document border effects in the award of public contracts in the European single market. We use a dataset of 1.8 million contract awards, which we match to geolocations to estimate a gravity model of procurement flows between European NUTS3 region pairs. We find very sizable cross-national border effects for all types of goods and services, even after controlling for physical distance, currency, cultural differences and other variables. For example, ‘local’ bidders for IT services contracts are almost 250 times more likely to be awarded a contract than ‘foreign’ bidders. More surprisingly, we find substantial cross-regional border effects within countries. While we document that firms’ bidding decisions are subject to border effects, we cannot exclude a home bias of contracting authorities in the award of public contracts.

APA, Harvard, Vancouver, ISO, and other styles

15

Doronina, Nataliya, and Natalya Semilyutina. "Contracts in Public Law: The Role of Contract Regulation of Property Relations." Journal of Russian Law 7, no. 5 (April 9, 2020): 1. http://dx.doi.org/10.12737/art_2019_5_4.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Swain, Warren. "Contracts ‘Not for the Public Good’ and the Classical Law of Contract." Journal of Legal History 43, no. 1 (January 2, 2022): 1–23. http://dx.doi.org/10.1080/01440365.2022.2043408.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Davison, Bill, and Richard J. Sebastian. "The relationship between contract administration problems and contract type." Journal of Public Procurement 9, no. 2 (March 2009): 261–85. http://dx.doi.org/10.1108/jopp-09-02-2009-b005.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Momen, Mohammad Hussein, and Hussein Rahmatollahi. "The Principle of Continuance in Public Service Contract." Journal of Politics and Law 9, no. 8 (September 29, 2016): 6. http://dx.doi.org/10.5539/jpl.v9n8p6.

Full text

Abstract:

If we consider the aim of administrative goal to procure public interest and the necessity of its continuance, the limitation of its descriptive and executive principles in private law frameworks will be serious barriers against its realization. Administrative contracts with their special legal regime based on such principles of preference, authority and support which indicates the upper hand of public contract parties are described by the same basis. Public service principles which should be considered as extracted from the judicial verdicts of French governmental council are, <em>inter alia</em>, executive and descriptive foundations of public contracts. The principle of public service continuance with its legal functions and radical role in contract execution plays a vital role in realizing the goals.

APA, Harvard, Vancouver, ISO, and other styles

19

Ramos, Raúl, Esteban Sanromá, and Hipólito Simón. "Public-Private Sector Wage Differentials by Type oif Contract: Evidence from Spain." Revista Hacienda Pública Española 208, no. 1 (March 2014): 107–41. http://dx.doi.org/10.7866/hpe-rpe.14.1.4.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Tavares, Luís Valadares, and Pedro Arruda. "A Multi-Criteria Model to Evaluate Public Services Contracts." International Business Research 15, no. 3 (February 28, 2022): 85. http://dx.doi.org/10.5539/ibr.v15n3p85.

Full text

Abstract:

A major trend to improve Public Administration has been the increase of contracting out services hoping to achieve better levels of performance. However, the effectiveness and efficiency of this approach implies the application of appropriate models to evaluate such performance This is why a multi-criteria model was developed by the authors to evaluate and to improve the performance of public services contracts focusing on four key dimensions: the process of contract formation, the contract costs, the benefits achieved by the contract execution and its impacts. The proposed model provides a stable, consistent and integrated framework allowing not just the evaluation of contracts but also the identification of the priorities for improvement. A successful application to the evaluation of Home Respiratory Services is also presented.

APA, Harvard, Vancouver, ISO, and other styles

21

Kaehler, Lorenz. "Policy Interventions via Contract Interpretation." European Review of Private Law 22, Issue 5 (October 1, 2014): 641–62. http://dx.doi.org/10.54648/erpl2014054.

Full text

Abstract:

Abstract: The paper addresses the various doctrinal and factual ways in which public policy considerations can influence the interpretation of contracts. This influence becomes especially relevant when there is an interpretive leeway due to vague concepts, gaps in the contract, or interpretive maxims such as the standard of a reasonable person. While its main advantage lies in its flexibility and its incentives for the drafting of the contract, its main disadvantage is the hidden way in which public policy interferes with private autonomy. This influence can in fact be observed and to a certain extent even normatively be justified as long as the intentions of the parties are not distorted. Résumé: L'article traite des différentes manières doctrinales et factuelles par lesquelles des considérations d'intérêt public peuvent influencer l'interprétation des contrats. Cette influence prend une importance particulière en cas d'existence d'une marge d'interprétation due à des concepts vagues, une lacune dans le contrat ou des maximes interprétatives telles que la norme de la personne raisonnable. Alors que son intérêt principal réside dans sa flexibilité et ses avantages dans élaboration du contrat, son grand inconvénient est de constituer un moyen détourné d'intervention de l'intérêt public dans l'autonomie privée. Cette influence peut s'observer en fait et même jusqu'à un certain point se justifier sur le plan normatif pour autant que les intentions des parties ne soient pas faussées.

APA, Harvard, Vancouver, ISO, and other styles

22

Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة." Twejer 3, no. 3 (December 2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.

Full text

Abstract:

The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract

APA, Harvard, Vancouver, ISO, and other styles

23

Zhu, Yingjun, Zhitong Gao, and Ruihai Li. "Sustainable and Optimal “Uniqueness” Contract in Public-Private Partnership Projects of Transportation Infrastructure." Discrete Dynamics in Nature and Society 2020 (December 18, 2020): 1–14. http://dx.doi.org/10.1155/2020/6664405.

Full text

Abstract:

To control the “uniqueness” risk in Public-Private Partnership (PPP) projects of transportation infrastructure, we design a simplified “uniqueness” contract model by incorporating the impact of the initial investment which is based on the Bertrand model. The nonlinear programming method is adopted to derive the optimal “uniqueness” contracts for incumbent private capital, the public, and the social welfare, respectively. The simulation results show that the achievement of the optimal “uniqueness” contract is essentially the result of a compromise between the private capital, the public, and social welfare. The extent to which such a contract reduces the probability of “uniqueness” risk mainly depends on the equilibrium relation between the interests of private capital and the public. The initial investment is not related to the government default when the contract does not take into account the interests of the private capital. Furthermore, the “uniqueness” contracts between private capital and the government are mainly for anticompetitive purpose in the PPP market of transportation infrastructure. Unless the contract terms focus on the improvement of social welfare, entering a “uniqueness” contract will cause social welfare losses.

APA, Harvard, Vancouver, ISO, and other styles

24

Vilkonis, Arvydas. "SELECTION OF STANDARD CONSTRUCTION CONTRACTS MODEL AND CONTRACT PURCHASE PRICING." Mokslas - Lietuvos ateitis 14 (January 25, 2022): 1–6. http://dx.doi.org/10.3846/mla.2022.16054.

Full text

Abstract:

The aim of the research is to determine for a contract’s “Design and construction works of Vilnius city wastewater treatment plant” the most suitable variant of the combination of the FIDIC standard construction contract model and the purchase pricing of contract works using the SAW. Based on expert assessments, a matrix of possible solutions is formed by interviewing 8 experts (4 public procurement specialists and 4 civil engineers). Calculations have shown that the most appropriate combination of the FIDIC standard construction contract model and contract purchase pricing is the FIDIC Yellow Book and fixed price pricing. The obtained research results mainly reflect the essence of the FIDIC Yellow Book, assessing the specifics of the contract and the complexity of the planned works.

APA, Harvard, Vancouver, ISO, and other styles

25

Ananev, Andrey G. "Conceptual features of a public contract in modern civil law." Russian Journal of Legal Studies (Moscow) 7, no. 1 (August 7, 2020): 22–33. http://dx.doi.org/10.17816/rjls33444.

Full text

Abstract:

The civil legislation reform affects the provisions on public contracts. This article deals with the issues surrounding public contract qualification under the conditions of modern regulation. A characteristic feature of modern regulation and theoretical provisions of civil law is the lack of unified approaches to defining the public contract concept, its essence, and accompanying conditions. In practice, there are various situations wherein the legislator does not give clear instructions on certain aspects of contracts that have a public character. This determines the theoretical and practical relevance of examining this area. The article analyzes the main defining features of the designated contractual structure and examines the features of expression of public-legal principles in legal regulation in these contractual relations. The methodological basis of the research is the analysis of normative material, civil law theory and certain aspects of law enforcement on public contracts norms. The article highlights the legal and conceptual aspects of public contract institution in the context of modern legal regulation. The task of further research on this issue is not so much to find one correct definition of this agreement for the legislator, but rather to fix the individualizing features in the law, by integrating them either into the conceptual apparatus or by directly fixing them in the normative act text. The author attempts to systematize the relevant features and to identify the distinct principles for differentiating a public contract with the related contractual structures. The article also presents clear criteria for differentiation and the hierarchy of the application of certain rules to relations arising from a public contract. This paper concludes by highlighting the need to proceed not only from the definition of law, but also from specific features of a public contract, when identifying the designated contractual structure.

APA, Harvard, Vancouver, ISO, and other styles

26

Campos-Alba, Cristina M., Emilio J. de la Higuera-Molina, Gemma Pérez-López, and José L. Zafra-Gómez. "Explanatory factors in the renewal of contracts for the privatisation of public services." Journal of Strategic Contracting and Negotiation 3, no. 1 (March 2017): 3–19. http://dx.doi.org/10.1177/2055563617718386.

Full text

Abstract:

After analysing the explanatory factors underlying the renewal of privatisation contracts, this paper examines the likelihood of local authorities renewing their contracts with private entities for the provision of public services, by studying a sample of 623 Spanish municipalities for the period 2002–2013, using a logit model. The type of service, the duration of the contract and certain political and economic factors were all found to influence the renewal or otherwise of this type of contract. Moreover, this effect differed between initial privatisation and subsequent contract renewal.

APA, Harvard, Vancouver, ISO, and other styles

27

Ilcan, Suzan M., Daniel M. O’Connor, and Marcia L. Oliver. "Contract Governance and the Canadian Public Sector." Articles 58, no. 4 (March 23, 2004): 620–43. http://dx.doi.org/10.7202/007819ar.

Full text

Abstract:

Abstract This essay examines the changing character of public sector work in the Canadian federal public service context. It is based on an empirical examination of various forms of contractual relations currently operative within the Canadian state and on a comparative approach of other western liberal state reform initiatives. We argue that contract governance is an ongoing process involving distinct interrelations between the public and private sectors. In this context, we identify various forms of contract governance and flexibility schemes that have been enfolded and refolded into the conventional structures of governance, and unfolded into a liminal space between the state and civil society through the establishment of nonstandard work and the creation of alternative service delivery programmes.

APA, Harvard, Vancouver, ISO, and other styles

28

Lloyd, Robert E. "Public contract writing systems: A house divided." Journal of Public Procurement 12, no. 3 (March 2012): 295–322. http://dx.doi.org/10.1108/jopp-12-03-2012-b001.

Full text

APA, Harvard, Vancouver, ISO, and other styles

29

Yuan, Rui, Yu-Bin Xia, Hai-Bo Chen, Bin-Yu Zang, and Jan Xie. "ShadowEth: Private Smart Contract on Public Blockchain." Journal of Computer Science and Technology 33, no. 3 (May 2018): 542–56. http://dx.doi.org/10.1007/s11390-018-1839-y.

Full text

APA, Harvard, Vancouver, ISO, and other styles

30

Dalen, Dag Morten, Espen R. Moen, and Christian Riis. "Contract renewal and incentives in public procurement." International Journal of Industrial Organization 24, no. 2 (March 2006): 269–85. http://dx.doi.org/10.1016/j.ijindorg.2005.04.004.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Kreitner, Roy. "The Ambition of Public Justification in Contract." European Review of Contract Law 17, no. 2 (June 1, 2021): 224–30. http://dx.doi.org/10.1515/ercl-2021-2022.

Full text

Abstract:

Abstract This review of Peter Benson’s Justice in Transactions focuses on the book’s attempt to combine the juridical vision of contract with contract’s social role in providing a coherent framework for market relations. The combination is challenging because the juridical conception ignores particular interests, needs, purposes, and preferences of contracting parties, while the market is precisely a system for satisfying needs or obtaining substantive satisfactions. The review suggests that Benson’s treatment of the combination is open to two readings: one reading claims that contract as we know it actually succeeds in achieving public justification; the other reading claims that contract could potentially be a justified institution, but only if the background regime of rights was transformed so that juridical and substantive equality were more closely aligned.

APA, Harvard, Vancouver, ISO, and other styles

32

Gausdal, Maria Edith Lindholm. "Breaching the Interpretative Wall between Private and Public Commercial Contracts." European Review of Contract Law 16, no. 4 (November 26, 2020): 511–32. http://dx.doi.org/10.1515/ercl-2020-0028.

Full text

Abstract:

AbstractFrom a purely contractual perspective, this article reflects upon labour standard clauses with the objective to ensure that the fundamental ILO conventions and the International Bill of Human Rights are complied with throughout global value chains in respectively business-to-business (private), and public commercial contracts. The clauses are in both settings based widely on the same standards; however scholarship on the two types of contracts has been quite separate. The article reviews some Scandinavian case law concerning labour standard clauses and procurement regulation. It finds that contractual argumentation supported the outcome in these cases, isolates this argumentation, and reflects on whether contractual perspectives on the public contract might inspire current research on private contracts. It finally argues that an actual fusion is already taking place, wherefore contract lawyers may play an important role as to whether ‘the interpretative wall’ should be breached, or whether this is not feasible due to the distinctive characteristics of each contract.

APA, Harvard, Vancouver, ISO, and other styles

33

Akhtar, Zia. "Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations." European Review of Contract Law 17, no. 1 (March 12, 2021): 54–81. http://dx.doi.org/10.1515/ercl-2021-0003.

Full text

Abstract:

Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offered terms which infringe the legislation such as the Immigration Acts and the Modern Slavery Act 2015. The question in this paper is the scope of the public policy requirements that courts take into account when the contracts are unenforceable for illegality based on infringements of the human rights framework and ECHR legal precedence.

APA, Harvard, Vancouver, ISO, and other styles

34

Rödl, Sebastian. "The Public of Contract, and of its Justification." European Review of Contract Law 17, no. 2 (June 1, 2021): 184–97. http://dx.doi.org/10.1515/ercl-2021-2025.

Full text

Abstract:

Abstract In his most enlightening book Benson undertakes to give a public justification of contract law, which he distinguishes from a philosophical justification. This essay argues that this opposition is unsound. Benson’s justification is philosophical because it is internal: the justification contract provides for itself. As the justification is internal, the subject of the justification – those who, through it, understand the authority of contract – is the subject of what is justified: the subject of contract. This is the true public of the justification of contract law. And its justification to that public is nothing other than its philosophical justification. In a second step, the essay sketches how the justification of contract law develops so as to reveal its subject to be a concrete universal: civil society. Since that is understood in its philosophical justification, that, too, does not place the publicity of contract law in opposition to its philosophical understanding.

APA, Harvard, Vancouver, ISO, and other styles

35

Yu, Chunling, Toru Morotomi, and Haiping Yu. "What Influences Adoption of Green Award Criteria in a Public Contract? An Empirical Analysis of 2018 European Public Procurement Contract Award Notices." Sustainability 12, no. 3 (February 10, 2020): 1261. http://dx.doi.org/10.3390/su12031261.

Full text

Abstract:

Green public procurement (GPP) is a policy tool aiming to achieve environmental protection and resource reservation via public procurement. After decades of adaptation, what promotes and hinders its uptake in public contracting remains difficult to discern. This research explores factors that influence the adoption of green award criteria, covering features of procurement procedures, purchasers, tenderers, and the business sectors through empirical analysis of Probit regression combined with a fixed term method. The data is contract award notices (CAN) from 33 countries in Europe in 2018. Our findings suggest that framework agreements, the medical products sector, the health and social services sector, and the business services sector are negatively correlated with whether a contract is green. On the other hand, the contract value, Government Procurement Agreement (GPA)coverage, joint procurement, competitive dialogue, negotiation with competition (with a call for competition), restricted procedure, transport equipment sector, and food sector can positively correlate with green contracts, or these factors increase the possibility of a contract being green. Explicit explanations on these relations are provided. This research identifies factors relating with and influencing the application of green award criteria in public contracts, which would inform public sectors on efficient resources allocation in terms of increasing green public procurement performance.

APA, Harvard, Vancouver, ISO, and other styles

36

Zaitsev, O. L., and O. R. Shyshka. "The concept of "void contract" in public procurement." Law and Safety 82, no. 3 (September 29, 2021): 131–35. http://dx.doi.org/10.32631/pb.2021.3.14.

Full text

Abstract:

The way of origin and consolidation in the public procurement procedure of the institute of a void contract, which was first formulated as "the result of invalid bidding", is analyzed. The scientific developments devoted to the issues of voidence of transactions and scientific research in the field of public procurement in Ukraine are summarized. The author's definition of the procurement contract is given: it is an agreement between the Customer and the Participant (more parties), aimed at establishing, transferring or terminating property rights and obligations, which is concluded as a result of the procurement procedure and provides for ownership of property services or works. The grounds for declaring the procurement contract null and void are listed, namely: concluding a procurement contract before or without the procurement procedure, concluding a procurement contract that differs from the content of the tender offer / offer based on the results of the electronic auction; concluding an agreement during the period of appealing the procurement procedure to the Antimonopoly Committee of Ukraine; concluding a contract in violation of the terms. The main conceptual differences between a void contract in public procurement and the civil law doctrine of a void transaction are established and characterized. The main difference from void transactions is that the parties and third parties do not have to obtain a court decision to apply the consequences of declaring a transaction invalid, but in cases established by the Civil Code of Ukraine, a void transaction may be recognized by a court as valid. The notion of "void contract" in public procurement is critically analyzed through the prism of understanding and essential conditions of general civilization of invalid contract, as it is not possible to recognize such a contract valid in court. The definition of a void contract in public procurement as one that violates public order, is concluded in violation of the procedure provided by law, and makes it impossible to recognize it valid in court.

APA, Harvard, Vancouver, ISO, and other styles

37

Mamavi, Olivier, Haithem Nagati, Gilles Pache, and Frederick T. Wehrle. "How does performance history impact supplier selection in public sector?" Industrial Management & Data Systems 115, no. 1 (February 2, 2015): 107–28. http://dx.doi.org/10.1108/imds-07-2014-0222.

Full text

Abstract:

Purpose – The purpose of this paper is to study if the performance history impacts supplier selection in the French public sector context. While French public procurement legislation forbids consideration of the past contract wins in supplier selection, public contractors may still rely on contract win history for highly complex transactions. Design/methodology/approach – Using French Official Journals (BOAMP), the authors collected all public procurement transactions of 976 suppliers that had at least one transaction per year, over a period of six years (between 2006 and 2011). The authors conducted a two-level hierarchical linear auto-regression analysis and a feature evaluation analysis for all transactions. Findings – The paper finds significant variation between the transactions of different markets, as well as in the overall positive impact of past wins and in the detailed impact patterns and thresholds of each market. The findings may allow refinement of existing contract awarding strategies and of current legislation. Originality/value – The paper aims at empirically testing whether a supplier’s degree of success in any given year, measured by the number of public contracts won, may have an impact on the likelihood that the same supplier is awarded a public contract the following year. The authors conclude that suppliers retained for public contracts could benefit from building public buyers’ loyalty using a key account selling approach rather than systematically seeking to acquire new contracts.

APA, Harvard, Vancouver, ISO, and other styles

38

Plaček, Michal, Jana Soukopová, Gabriela Vaceková, František Ochrana, and Martin Schmidt. "Another One Bites the Dust: Recurrent Procurement Contracts in the Czech Republic." Public Works Management & Policy 25, no. 4 (September 24, 2019): 365–85. http://dx.doi.org/10.1177/1087724x19876647.

Full text

Abstract:

This article deals with the phenomenon of repeated contracts, specifically the effect of trust in public contracts. Our main objective is to identify the factors that influence the concluding of repeated contracts and to verify whether repeated contracts lead to increases in prices. We use a complex dataset of public procurement of municipalities in the Czech Republic for the period of 2014-2017, which covers more than 4,000 public contracts. This range of data allows a larger number of variables to be applied, including specific independent variables concerning municipalities, such as the size of the municipality. The data allow us to study this subject by means of both a general model tested on all public contracts and a partial model applied to public works. The presented results of quantitative econometric models from the data obtained from the awards of public contracts in the municipalities of the Czech Republic show that the fact of whether it was a repeated contract or a contract performed by a new (unknown to a contracting authority) supplier affected the chance of winning a contract.

APA, Harvard, Vancouver, ISO, and other styles

39

Sanusi Bintang, Mujibussalim Mujibussalim, Mahfud Mahfud, and Fikri Fikri. "CONFIDENTIALITY CLAUSES IN INVESTOR-STATE CONTRACTS FOR THE PROTECTION OF TRADE SECRETS AFTER PROMULGATION OF THE INDONESIAN ACT ON PUBLIC INFORMATION DISCLOSURE." IIUM Law Journal 29, (S2) (November 3, 2021): 115–41. http://dx.doi.org/10.31436/iiumlj.v29i(s2).682.

Full text

Abstract:

A confidentiality clause is a clause in investor-state contracts which is in the operative part of the contract to guarantee adequate protection of the trade secrets of the contracting parties. This article argues that there is a need to change the current practice where investor-state contracts in Indonesia utilizes broadly defined confidentiality clauses as a means to protect trade secrets in international business transactions. This is because a broadly defined confidentiality clause is contradictory to the provisions of the Act on Public Information Disclosure (APID). APID is aimed mainly at providing public information disclosure. The public information includes public contracts, such as investor-state contracts. Therefore, a new model of the confidentiality clause is needed for the protection of trade secrets as intended by the Act on Trade Secrets (ATS) and contract law as well as public information disclosure as intended by APID. This article employs doctrinal legal research. The research utilized, primary, secondary, and tertiary legal authorities. The primary legal material intensively used in this article consists of mandatory-primary legal authorities, in the form of statutes and contracts. The contracts used are the investor-state contracts of Aceh Province, Indonesia. The finding shows that a new model of the confidentiality clause can be created by accommodating both the interest of the state for providing public information disclosure based on APID and the interest of investors for the protection of trade secrets based on ATS and contract law. Investor-state contracts are a specific type of contract which has specific characteristics that apply to both private law and public law. They are different from purely international commercial contracts which only apply private law. Investor-state contract drafters need to be aware of this difference and provide a more balanced confidentiality clause in the contracts.

APA, Harvard, Vancouver, ISO, and other styles

40

Dobra, Emalita. "Progres of the Public Procurement System in Albania and in the European Union." European Journal of Multidisciplinary Studies 1, no. 2 (April 30, 2016): 72. http://dx.doi.org/10.26417/ejms.v1i2.p72-84.

Full text

Abstract:

A proper estimation of the value of the public contracts is of major importance of the contracting authority. First, value of contracts govers the regime of rules under which the proceedings will be conducted. Second the decision of the contracting authority concerning the application of specific procurement procedure depends whether the value of contract is below or above specific threshold. For multi year contracts or contracts with renewal option, the contracting Authority must provide clauses for the revision of prices in accordance with published official inflation. In case of goods the contracts through renting or leasing of these, the estimated value of the public contract shall be based on the monthly rent or fee multiplied by the number of months the contract will last. The contracting Authority is responsible for comparing the above mentioned elements with a cost analyses of the goods, services or works. European Union rules provided in Article 9 of the directive 2004/18/EC of the European Parliament and of the council of 31 March 2004 on the coordination of procedures for the award of public works, supply and services and in contain also more detailed rules concerning methods of estimation of contract value which should be applied in specific case. The priciple of the transparency of public procurement requires that all potential contractors have the same chances to compete for contracts being offeres by public administration. (; public contracts, procurement, goods, proceedings contracting Authority, etc. )

APA, Harvard, Vancouver, ISO, and other styles

41

Saputri, Theodora Pritadianing. "MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE." Veritas et Justitia 4, no. 2 (December 24, 2018): 333–57. http://dx.doi.org/10.25123/vej.3035.

Full text

Abstract:

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract. In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

APA, Harvard, Vancouver, ISO, and other styles

42

Albano, Gian Luigi. "On the Problem of Quality Enforcement in Centralized Public Procurement." Journal of Public Finance and Public Choice 31, no. 1 (April 1, 2013): 145–55. http://dx.doi.org/10.1332/251569213x15664519748631.

Full text

Abstract:

Abstract Demand aggregation is widely recognized as a efficiency-enhancing solution in public procurement. The technique of framework agreements represents possibly the most effective solution to struck a balance between contract standardization and customization. Central purchasing organizations in many countries are progressively relying on framework agreements to aggregate demand of different public buyers. By splitting the procurement process (until the award phase) between separate entities, such an organizational model in public procurement may, however, generate low incentives to enforce quality at the contract execution stage. In this paper, we review some evidence of contract mismanagement borrowing from the experience of the National Frame Contracts awarded by Consip S.p.A. in Italy and also discuss possible remedies.

APA, Harvard, Vancouver, ISO, and other styles

43

McLean, Janet M. "For a Law of Public Contract Per Se: An Intervention from Liberal Contract Theory." Oxford Journal of Legal Studies 39, no. 4 (2019): 856–77. http://dx.doi.org/10.1093/ojls/gqz023.

Full text

Abstract:

Abstract Judges in judicial review cases in New Zealand and the UK currently begin with the presumption that the existence of a contract means that the matter should be treated as a private law one—at least in the absence of a special ‘public element’. This article argues that all contracts with government entities should be treated as presumptively public. Such a position can be justified by recourse to liberal contract theory. Arthur Ripstein’s Kantian theory identifies the critical role of the state in securing the background conditions for the operation of private law. These are unsettled when a government entity is one of the parties to a contract.

APA, Harvard, Vancouver, ISO, and other styles

44

Kocowski, Tadeusz. "Brak decyzji uprawniającej a ważność umowy w działalności gospodarczej obszar zamówień publicznych." Przegląd Prawa i Administracji 114 (August 10, 2018): 533–46. http://dx.doi.org/10.19195/0137-1134.114.34.

Full text

Abstract:

NON-POSSESSION OF THE REQUIRED DECISION AND VALIDITY OF THE CONTRACT IN ECONOMIC ACTIVITY SPHERE OF PUBLIC PROCUREMENTIn the case of public procurement, the non-possession of the required decision by the contractor by the law and the terms of the proceedings results in the exclusion of the contractor from the award procedure and rejection of its off er. In this case, the public contract is not concluded. Public procurement are contracts concluded in conditions where it is difficult to talk about the implementation of the principle of freedom of contract. It remains to be determined what effect would be caused by the lack, on the part of the contractor, of the empowerment decisions required by law, if the contract were concluded under conditions of freedom of contract.

APA, Harvard, Vancouver, ISO, and other styles

45

Andrade, A., and A. S. Raquel. "Public-Private Partnership in Portugal – The Legal Structure of the Public-Private Partnership Contract and the Peripheral Contracts." European Procurement & Public Private Partnership Law Review 5, no. 1 (2010): 8. http://dx.doi.org/10.21552/epppl/2010/1/94.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

Hertanto, Ari Wahyudi. "ASPEK-ASPEK HUKUM PERJANJIAN DISTRIBUTOR DAN KEAGENAN (SUATU ANALISIS KEPERDATAAN)." Jurnal Hukum & Pembangunan 37, no. 3 (September 21, 2007): 381. http://dx.doi.org/10.21143/jhp.vol37.no3.150.

Full text

Abstract:

AbstrakDistributor is formed on individual, partnership, company. association oranother legal which have, Handing position between producer and retailers.They have roles on purchasing, delivering or contracts of sale towardconsumption goods. Under Indonesian Civil Code system that contract iscategorized as innominat contract by that kind that has not been regulatedunder the system. But also under principal of Civil Code it might to be signedunder restrictions has not by act. sealed by not violence public order andethics. By respect through those principles then any signed contract becomeeffective as act for signed parties. The author here also indicates on practicetrends of applying standard contract thaI printed forms collectively. Inpractice it still giving any freedom beside that standard contract and for thedistributor's respect and bound himself to the whole of contract's structure

APA, Harvard, Vancouver, ISO, and other styles

47

Ochrana, František, and Kristýna Hrnčířová. "Does the Lowest Bid Price Evaluation Criterion Make for a More Efficient Public Procurement Selection Criterion? (Case of the Czech Republic)." NISPAcee Journal of Public Administration and Policy 8, no. 1 (June 1, 2015): 41–59. http://dx.doi.org/10.1515/nispa-2015-0003.

Full text

Abstract:

Abstract Through the institute of public procurement a considerable volume of financial resources is allocated. It is therefore in the interest of contracting entities to seek ways of how to achieve an efficient allocation of resources. Some public contract-awarding entities, along with some public-administration authorities in the Czech Republic, believe that the use of a single evaluation criterion (the lowest bid price) results in a more efficient tender for a public contract. It was found that contracting entities in the Czech Republic strongly prefer to use the lowest bid price criterion. Within the examined sample, 86.5 % of public procurements were evaluated this way. The analysis of the examined sample of public contracts proved that the choice of an evaluation criterion, even the preference of the lowest bid price criterion, does not have any obvious impact on the final cost of a public contract. The study concludes that it is inappropriate to prefer the criterion of the lowest bid price within the evaluation of public contracts that are characterised by their complexity (including public contracts for construction works and public service contracts). The findings of the Supreme Audit Office related to the inspection of public contracts indicate that when using the lowest bid price as an evaluation criterion, a public contract may indeed be tendered with the lowest bid price, but not necessarily the best offer in terms of supplied quality. It is therefore not appropriate to use the lowest bid price evaluation criterion to such an extent for the purpose of evaluating work and services. Any improvement to this situation requires a corresponding amendment to the Law on Public Contracts and mainly a radical change in the attitude of the Office for the Protection of Competition towards proposed changes, as indicated within the conclusions and recommendations proposed by this study.

APA, Harvard, Vancouver, ISO, and other styles

48

Dzagurova, Nataliya B., and Maria E. Agamirova. "High-powered incentives and their possible dysfunctionality in public administration." Voprosy Ekonomiki, no. 3 (March 10, 2020): 28–45. http://dx.doi.org/10.32609/0042-8736-2020-3-28-45.

Full text

Abstract:

The article discusses the normative documents associated with the introduction of Russian regions’ heads key performance indicators (KPI). It draws attention to negative contract externalities intensively discussed in the economic literature of recent decades. Negative contract externalities accompanying the incentive contracts are typically associated with multitask moral hazard. They can serve as an explanation of KPI failure in many business firms. The results of KPI application in the sphere of public administration will inevitably become even more disappointing.

APA, Harvard, Vancouver, ISO, and other styles

49

Kim, Deborah B., Edward D. White, Jonathan D. Ritschel, and Chad A. Millette. "Revisiting reliability of estimates at completion for department of defense contracts." Journal of Public Procurement 19, no. 3 (September 2, 2019): 186–200. http://dx.doi.org/10.1108/jopp-02-2018-0006.

Full text

Abstract:

Purpose Within earned value management, the cost performance index (CPI) and the critical ratio (CR) are used to generate the estimates at completion (EACs). According to the research in the 1990s, estimating the final contract’s cost at completion (CAC) using EACCR is a quicker predictor of the actual final cost versus using EACCPI. This paper aims to investigate whether this trend stills holds for modern department of defense contracts. Design/methodology/approach Accessing the Cost Assessment Data Enterprise (CADE) database, 451 contracts consisting of 863 contract line item numbers (CLINs) were initially retrieved and analyzed in three stages. The first replicated the work conducted in 1990s. The second stage entailed calculating 95 per cent confidence intervals and hypothesis tests regarding percentage accuracy of EACs for a contract’s final CAC. Lastly, regression analysis was conducted to characterize major, moderate and minor influencers on EAC reliability. Findings For modern contracts, EACCR aligns more with EACCPI and no longer demonstrates early accuracy of a contract’s final CAC. Contract percentage completion strongly reduced the per cent error of estimating CAC, while cost-plus-fixed-fee contracts and those with no work breakdown structure greater than Level 2 negatively affected accuracy. Social implications To militate against optimism of early assessment of a contract's true cost. Originality/value This paper provides empirical evidence that EACCR behaves more like EACCPI with respect to modern contracts, suggesting that today’s contracts have relatively high SPI. Therefore, caution is warranted for program managers when estimating the CAC from contract initiation up to and slightly beyond the mid-point of completion.

APA, Harvard, Vancouver, ISO, and other styles

50

Deshpande, Shreesh, and Vijay Jog. "Non-public contracts, cash flows and firm value: the case of Lockheed." Review of Accounting and Finance 13, no. 3 (August 5, 2014): 274–90. http://dx.doi.org/10.1108/raf-03-2013-0035.

Full text

Abstract:

Purpose – This study aims to examine a large, non-disclosed production contract awarded to Lockheed Corp. in the context of a trade-off between a contractually required non-disclosure clause and the need (as a publicly traded firm) to disclose material information to its shareholders. This production contract generated significant cash flows to the firm as evidenced by growth in its earnings. However, the existence of the production contract and its contribution to Lockheed’s earnings, was not disclosed by the firm to shareholders and potential investors while the production contract was being executed. Design/methodology/approach – The authors examine the market reaction to several key contract events which were not disclosed at the time they occurred, in compliance with the contractually required non-disclosure clause. Findings – A statistically significant stock price reaction around the time of the award of this non-public contract, indicative of trading by some capital market participants using non-public information was documented. Originality/value – Because similar large non-public contracts funded by the government are common in the industrial economy, we conclude by discussing implications for organizational structure, firm’s cost of capital, equity-based compensation and market efficiency.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'A public contract'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles