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Academic literature on the topic 'Public contracts-Legislation'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Public contracts-Legislation"

Neis, Douglas Fernando Batista, Flávia Regina Alves de Hungria Folador, Danielle Freire Azevedo Silva da Costa, Camila Marques de Lima, Fábio Leite Dias, and Gleimiria Batista da Costa Matos. "Management and Supervision of Administrative Contracts in a Federal Institution of Indirect Public Administration." International Journal of Business Administration 12, no. 3 (2021): 1. http://dx.doi.org/10.5430/ijba.v12n3p1.

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This article aims to describe the perception level of training of Brazilian Institute Foundation of Geography and Statistics (IBGE) employees who are designated in order to manage and Supervise Contracts. As described in Law No. 8,666 / 1993 and in the complementary legal framework, the performance of the contract must be monitored and supervised by a specially appointed Management representative. The bibliographic review technique was used as means of research, through the selection, record, interpretation and registration of published literature, published articles in recent journals, academ

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Lupo, Mario. "Contracts of Public Works: How to Guarantee Low Prices without Reducing Quality." Journal of Public Finance and Public Choice 31, no. 1 (2013): 105–9. http://dx.doi.org/10.1332/251569213x15664519748604.

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Abstract The legislation regarding public contracts for works, services and supplies refers to contracts through which the Public Administration entrusts compagnie for the realization of public works or suppli of goods and /or services destined to its own use. The discussion here refers specifically to contracts relating to public works. Criterions to select the best offer deal with issues of cost-efficiency and quality of tenders for public works. Another type of entrustment for the realization if infrastructures goes by the name of public-private partnership (PPP).

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Spahiu, Artan. "Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania." Academic Journal of Interdisciplinary Studies 6, s2 (2017): 37–48. http://dx.doi.org/10.2478/ajis-2018-0026.

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Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the

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Precup, Liviu-Alexandru. "Approaches Regarding the Simplified Public Procurement Procedure in Romania." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (2020): 88–93. http://dx.doi.org/10.2478/kbo-2020-0058.

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AbstractPublic procurement in Romania is an important part of any economy, regardless of the geographical location, political orientation or level of development. Therefore, they can be considered as a separate part, but not insignificant, of the business of a functioning market economy. Moreover, they benefit from its own law, including the global economic agreements governing commercial transactions of this type. Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and f

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Opawole, Akintayo, Godwin Onajite Jagboro, Kahilu Kajimo-Shakantu, and Betty Oluwafunso Olojede. "Critical performance factors of public sector organizations in concession-based public-private partnership projects." Property Management 37, no. 1 (2019): 17–37. http://dx.doi.org/10.1108/pm-09-2017-0052.

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Purpose The purpose of this paper is to evaluate critical factors that impact public sector organizations’ (PSOs) performance in PPP contracts with a view to improving their capabilities toward efficient project delivery and attracting more private sector investments. Design/methodology/approach The research methodology is a quantitative approach which commenced with an in-depth literature review that provided the basis for identification of the variables that were evaluated through a structured questionnaire. Respondents were professionals from stakeholders’ organizations that had been involv

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Bonthuys, Elsje. "Public Policy in Family Contracts, Part II: Antenuptial Contracts." Stellenbosch Law Review 32, no. 1 (2021): 3–23. http://dx.doi.org/10.47348/slr/v32/i1a1.

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This, the second part of an article on public policy in contracts between family members, focuses on legality in antenuptial contracts, particularly those which exclude all forms of sharing between spouses. The Matrimonial Property Act 88 of 1984 is now 35 years old and, apart from writing, it neither requires formalities to ensure that prospective spouses who enter into antenuptial contracts fully appreciate the consequences of their agreements, nor does it guarantee that the agreed upon property system is fair to both spouses. Instead, the focus is upon protecting the interests of third part

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Sazonova, Irina V., Vladlena S. Mazhaeva, Alexandr A. Potkin, and Marina A. Kuznetsova. "Synergy of Business, Law and Economy in the Smart-Contract Implementation." SHS Web of Conferences 110 (2021): 01015. http://dx.doi.org/10.1051/shsconf/202111001015.

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The evolution of digital technologies leads to a tectonic transformation of all spheres of society. Law, as a system of regulating public relations, is changing dynamically along with the development of public relations in different spheres. The development of IT led to the emergence of blockchain technology, which, in turn, became the basis for the development of smart contracts. Smart contract technology, as it develops, causes changes not only in the legislation, but also in the model of interaction between the state and business. Due to smart contracts, a significant part of the rules can

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Varavenko, Victor Evgenyevich. "Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement." Право и политика, no. 8 (August 2020): 8–17. http://dx.doi.org/10.7256/2454-0706.2020.8.33009.

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The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 &ndash; conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for &ldquo;turnkey projects&rdquo; and norms of the Federal Law &ldquo;On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in th

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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 (2015): 107–28. http://dx.doi.org/10.1108/imds-07-2014-0222.

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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 co

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

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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 offere

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Dissertations / Theses on the topic "Public contracts-Legislation"

Johnson, Claire Victoria. "Outsourcing basic municipal services: policy, legislation and contracts." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous duties on municipalities to respect and promote human rights in the exercise of the powers and the performance of their functions. These duties are particularly prevalent when a municipality is deciding on the optimal service delivery mechanism for basic municipal services. It is thus crucial for the policy and legislative environment regarding municipal outsourcing to be firm

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Williams, Gerald Herman Jr. "An Evaluation of Public Construction Contracting Methods for the Public Building Sector in Oregon using Data Envelopment Analysis." PDXScholar, 2003. https://pdxscholar.library.pdx.edu/open_access_etds/1645.

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Since 1976 public agencies in Oregon have been allowed to select construction contractors using a "qualification" based competition instead of the more typical lowest responsible bid or Design-Bid-Build (DBB) basis. Since 1985, at least 136 such selections, commonly known as CM/GC for Construction Manager/General Contractor, have been made. The results of this policy have not previously been analyzed. This research compares these selection methods, seeking to answer the following questions: Does the CMl/GC method result in projects that differ from DBB projects regarding cost and schedule c

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Sader, Roula E. "Design-build in the Commonwealth of Massachusetts." Link to electronic thesis, 2003. http://www.wpi.edu/Pubs/ETD/Available/etd-0508103-223328.

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Thesis (M.S.)--Worcester Polytechnic Institute.<br>Keywords: design-build; alternative project delivery methods; filed sub-bid; legislation; Massachusetts General Laws. Includes bibliographical references (p. 77-81).

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Desgagné, Richard. "La participation des états au commerce international : les contrats gouvernementaux en droit comparé et en droit international." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60704.

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The study is about the activities of public entities in international trade, more precisely, about international government procurement. The law of government contracts, in international and municipal law, seeks to balance the stability of contractual relations between the parties and the mutability of the contract which flows from a recognition of the primacy of the public interest. The precise balance struck varies from one legal system to another. Part One of the work looks, firstly, at the recognition, immunities and capacity of public entities in international commercial transactions. Sec

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King, Steven R. "Small Business Participation in Federal Set-Aside Contracting." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4070.

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In the United States, 99.9% of small businesses, which account for two-thirds of new jobs annually, do not participate in the federal set-aside program. Half of all small businesses will not survive their first 5 years. The purpose of this multiple case study was to explore strategies that U.S. small business leaders operating within the greater Colorado Springs metro area used to participate successfully in the federal contracting set-aside program. Von Bertalanffy's systems theory grounded the study. Data collection included semistructured interviews with an intensity purposeful sampling of

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Coimbra, Lucimara Oldani Taborda. "Contratações públicas e efetividade do princípio do desenvolvimento sustentável: implementação da política no biênio 2011-2012, pela Administração Pública Federal." Universidade Tecnológica Federal do Paraná, 2013. http://repositorio.utfpr.edu.br/jspui/handle/1/724.

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As contratações públicas têm por finalidade a promoção do desenvolvimento nacional sustentável, o qual deve ser economicamente viável, socialmente justo e, ambientalmente correto. E, que na dimensão jurídica afigura-se como um princípio constitucional, o que impõe ao Estado, como relevante ator no processo de desenvolvimento, atuar na formulação e implementação de políticas públicas para sua concretização, o que ressalta a dimensão política da sustentabilidade. A arquitetura jurídica brasileira, alinhada com o preconizado pela Agenda 21, contempla o uso do poder de compra governamental para mo

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Anthony, Allison Megan. "The legal regulation of construction procurement in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80299.

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Thesis (LLM)--Stellenbosch University, 2013.<br>Bibliography<br>ENGLISH ABSTRACT: In order for the government to function, it needs goods and services. It may acquire these goods and services by using its own resources, or by contracting with outside bodies. The latter method is generally referred to as public or government procurement. Government procurement usually contributes a large deal to a country’s economy and is therefore of great importance. With South Africa’s political transformation in 1994, the construction industry was used as the model for public sector procurement reform.

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Rodríguez-Portal, Lizeth-Rosemary. "Las juntas de resolución de disputas reguladas en la Nueva Ley de Contrataciones con el Estado Peruano y su Reglamento: Ley 30225 y D.S N° 350-2015-EF." Bachelor's thesis, Universidad de Lima, 2017. http://repositorio.ulima.edu.pe/handle/ulima/4642.

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La presente investigación se abocará a analizar el nuevo mecanismo de solución de controversias para los contratos de obra que se ha incorporado por primera vez en la LCE y el RLCE denominado la Junta de Resolución de Disputas, en adelante JRD y conocido internacionalmente como Dispute Board.<br>Tesis

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Apsokardou, Eirini. "Le domaine de la loi et du règlement dans le droit des contrats administratifs." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020004.

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Tant pour la jurisprudence (constitutionnelle et administrative) que pour une partie de la doctrine, l’encadrement de la passation et de l’exécution des contrats administratifs de l’État et de ses établissements publics ainsi que des marchés des collectivités territoriales et de leurs établissements relève du domaine du règlement. Et ce, car à l’origine, l’association du droit de la commande publique aux matières relevant traditionnellement du pouvoir réglementaire autonome, telles que la procédure administrative non contentieuse et l’organisation des services publics est un fait établi. Pourt

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Chan, Yuk-mei Cassandra, and 陳玉媚. "A review on the impact of WTO GPA on government procurement in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B36424432.

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Books on the topic "Public contracts-Legislation"

United States. Congress. House. Committee on Government Operations. Legislation needed to curb secrecy contracts: Fifty-ninth report. U.S. G.P.O., 1988.

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Hjelmborg, Simon Evers. Public procurement law: The EU directive on public contracts. Djøf Pub., 2006.

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Kaye, Donna M. Public school contracts law. New Jersey School Boards Association, 2007.

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Public works in Ireland: Procurement and contracting. Clarus Press, 2014.

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Lubka, Laurence P. Public contracting in California: Course manual. Federal Publications, 1991.

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Rapoport, Frank M. Public contracting in Pennsylvania: Course manual. Federal Publications, 1991.

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Kruger, Mary J. Public procurement in Minnesota. Minnesota Small Business Assistance Office, 1991.

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R, Negele James, ed. Contractor's project guide to public agency contracts. Wiley, 1988.

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Krüger, Kai. European public contracts in a labour law perspective. DJØF Pub., 1998.

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Chávez, Víctor Hugo Alvarez. Legislación administrativa. Organización Mora Libros, 1991.

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Book chapters on the topic "Public contracts-Legislation"

KIHARA, Hiroyuki. "The Regulation of Unfair Terms and Consumer Protection in Japan." In Contents of Contracts and Unfair Terms. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850427.003.0009.

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This chapter examines how Japanese contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Japanese courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Japanese courts regulate unfair contract terms in practice.

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Ahn, Tae-Yong. "Regulation of Unfair Terms under Korean Law." In Contents of Contracts and Unfair Terms. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850427.003.0011.

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This chapter examines how Korean contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Korean courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Korean courts regulate unfair contract terms in practice.

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Kharitonova, Yulia. "SMART CONTRACT IN THE FIELD OF INTELLECTUAL PROPERTY." In LAW IN FUTURE: INTELLECTUAL PROPERTY, INNOVATION, INTERNET. INION RAN, 2019. http://dx.doi.org/10.31249/pravbud/2019.00.03.

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Digitalization of public relations allows right holders to achieve maximum protection of their rights and legitimate interests in the network. At the same time, platforms are being actively developed to meet the right holders and potential users who wish to use the results of intellectual property. In modern conditions, the development of technology blockchain network can provide not only the fixation of the protected object, but also the transfer of the exclusive right to it under the contract. The so-called smart contracts allow to carry out calculations and control the use of intellectual property under license agreements. At the same time, the gaps in legislation related, in particular, to the written form of contracts in the field of intellectual property have been identified.

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Fox, D., RJC Munday, B. Soyer, AM Tettenborn, and PG Turner. "1. An introduction to commercial law." In Sealy and Hooley's Commercial Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198842149.003.0001.

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This chapter introduces the reader to commercial law. It first considers the nature of commercial law by focusing on the definitions offered by previous scholars of note. It then examines its function and historical development, and discusses various sources of commercial law such as contracts and national legislation. In addition it refers importantly to the role of equity and trusts in commercial law, to public law in the commercial arena, and to the philosophy and concepts of commercial law. Possible codification of commercial law is discussed. Finally, the chapter assesses the challenges for commercial law in the twenty-first century and briefly discusses the impact of Brexit on English commercial law.

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Clarke, MA, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn, and PG Turner. "1. An introduction to commercial law." In Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.003.0001.

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This chapter introduces the reader to commercial law. It first considers the nature of commercial law by focusing on the definitions offered by Roy Goode, Tony Weir, and G. Samuel. It then examines the function of commercial law and the historical development of commercial law, tracing its roots to the lex mercatoria (law merchant) of the Middle Ages. It also discusses various sources of commercial law such as contracts and national legislation, along with the role of equity in commercial law, public law in the commercial arena, the philosophy and concepts of commercial law, and the codification of commercial law. Finally, it assesses the challenges for commercial law in the twenty-first century and the impact of Brexit on English commercial law.

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Rodrigues, Mário, Gonçalo Paiva Dias, and António Teixeira. "Towards E-Government Information Platforms for Enterprise 2.0." In Advances in Business Information Systems and Analytics. IGI Global, 2014. http://dx.doi.org/10.4018/978-1-4666-4373-4.ch033.

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Enterprise 2.0 aims to help employees, customers, and suppliers collaborate, share, and organize information. As governments are relevant partners for enterprises (legislation, contracts, etc.) e-government platforms need to be ready for Enterprise 2.0 to what concerns e-government interactions. The public sector holds huge quantities of information and just a small proportion is relevant to each enterprise. Enterprises should only be confronted with relevant information and not flooded with lots of data. This implies data organization with semantic description and services using open standards. The goal is to build a durable information infrastructure for government that can be readily accessed by enterprises. The authors propose a conceptual model for government information provisioning. The rationale for this proposal is to motivate the creation of durable, standard, and open government information infrastructures. The model acquires information from natural language documents and represents it using ontology. A proof-of-concept prototype and its preliminary results are presented.

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Rodrigues, Mário, Gonçalo Paiva Dias, and António Teixeira. "Towards E-Government Information Platforms for Enterprise 2.0." In Cyber Behavior. IGI Global, 2014. http://dx.doi.org/10.4018/978-1-4666-5942-1.ch047.

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"Standing Orders: Sessional Orders and Resolutions: Hours for Private Business: Postponement to Public Business: Members Personally Interested: Pressure used by Peers on Lower House: Notices: Plans: Petitions for Bills: Reference to Judges: Estate and Divorce Bills: Local Bills: Estimates: Subscription Contracts: Deposits and Penalties: Paying Interest out of Capital: Exclusive Jurisdiction of Commons over Bills Imposing Charges: Distribution of Private Business Between the two Houses." In A History of Private Bill Legislation. Routledge, 2013. http://dx.doi.org/10.4324/9780203770399-18.

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Conference papers on the topic "Public contracts-Legislation"

Vladova-Ivanova, Violeta. "ABOUT SOME QUESTIONS FOR MEDIATION IN COMMERCIAL RELATIONS." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.10.

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The report examines some aspects of commercial mediation in the context of the more and more often used mediation clauses in the commercial contracts. The advantages of mediation in resolving commercial disputes are analyzed, the role of mediation clause in the commercial contracts is specified and its content is considered, as well as some peculiarities in connection with its application. On this basis, specific conclusions and a proposal for improving the legislation are made.

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Guarda, Graziela Ferreira. "ANALYSIS OF CONTRACTS OF IT OUTSOURCING SERVICES IN TCU AND LEGISLATION GOVERNING THESE CONTRACTS IN FEDERAL PUBLIC ADMINISTRATION." In 11th CONTECSI International Conference on Information Systems and Technology Management. TECSI, 2014. http://dx.doi.org/10.5748/9788599693100-11contecsi/ps-1028.

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Sitarčík, Adam, and Alena Novák Sedláčková. "International regulation of air freight." In Práce a štúdie. University of Žilina, 2021. http://dx.doi.org/10.26552/pas.z.2021.1.26.

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This article is focused on the issue of air freight, its development, importance and current status. The article defines general knowledge in the field of civil cargo air transport as history, current global events, current measures due to the pandemic of the spread of Covid-19 and the division of airlines according to business models. It also includes the periodic development of legislation in the field of air transport freight, global and European legislation, as well as air alliances and organizations in civil aviation. The article deals with contracts in the field of air freight transport

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Abacı, Hilal, Gizem Saray, Hasan Akça, and Levent Şahin. "Investigation of EU Grant Funded Projects Implemented in Turkey (2000-2015)." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01400.

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Turkey has benefitted from financial assistance of the EU in order to enhance the institutional capacity and the quality of legislation in different areas since 2001. It is aimed that Turkey could integrate easily to common policies when she became a full member of the EU via projects funded by the EU. In this context, financial assistance is distributed to both public and private sectors and also non-governmental organizations via Central Finance and Contracts Unit (CFCU), National Agency, Agriculture and Rural Development Support Institution (ARDSI), and Ministries. At least 50% or all of th

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