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Journal articles on the topic 'Public procurement procedure'
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1
Niczyporuk, Janusz. "PROCEDURE OF PUBLIC PROCUREMENT." PRACE NAUKOWE UNIWERSYTETU EKONOMICZNEGO WE WROCŁAWIU, no. 497 (2017): 64–72. http://dx.doi.org/10.15611/pn.2017.497.04.
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Drozd, Iryna, Mariia Pysmenna, Nataliia Pohribna, Nataliya Zdyrko, and Anna Kulish. "Audit Assessment of the Effectiveness of Public Procurement Procedures." Independent Journal of Management & Production 12, no. 3 (2021): s085—s107. http://dx.doi.org/10.14807/ijmp.v12i3.1522.
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The article seeks describing the benefits and challenges faced by auditors in assessing the effectiveness of public procurement procedures in terms of applying the methodology for calculating efficiency, economy and effectiveness, taking into account the risks of procurement in e-auctions. Quantitative risk parameters are calculated using data of probabilistic indicators of procurement risk assessment according to the ratio of the number of relevant procedures (sub-threshold and above-threshold) to the total number of procurement procedures. Statistical valuation methods are used for the cost risk assessments and calculation of the aggregate risk indicator of public procurement. The calculations are performed using the data of the open e-procurement system ProZorro for all announced procurements in 2018-2019. We analyzed the methods, indicators and the extent to which the study of the public procurement effectiveness via bibliographic and case studies is performed. As a result, the majority of methods cover four components of assessing the public procurement efficiency - targeted efficiency, cost-effectiveness, organizational efficiency, efficiency of budget expenditures for public procurement. This does not provide an assessment of the automated systems’ impact on the procurement procedures results and on possible savings due to the use of certain procurement procedures. To comprehensively assess the procurement efficiency in e-bidding, the authors propose considering four key risks: the risk of cancellation of the procurement procedure, the risk that the procurement procedure will not take place, the risk of appealing the procurement, the risk of disqualification. As a result of risks calculations under the sub-threshold and above-threshold procurement, individual values of risks and their aggregate indicator are determined. This will adjust the scope of audit procedures to verify individual procurements and identify weaknesses in the procurement management system. We believe that the methodology of auditing the procurement effectiveness, taking into account the quantitative and qualitative parameters of procurement risks, will be a useful audit tool to determine the effectiveness of the use of public funds under individual procurements and identify areas of cost-effectiveness for the state budget funds.
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Kovács, László. "The Compliance Control of Negotiated Procedures without Prior Publication in Practice : The Background of Decreasing Statistical Data." Közbeszerzési Értesítő Plusz 3, no. 3 (2021): 45–55. http://dx.doi.org/10.37371/kep.2021.3.2.
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The compliance control of the application of negotiated procedures without prior publication is an activity of the Public Procurement Authority, where the Authority has a key role in influencing legal practice, furthermore, its option to initiate a review procedure has a considerable impact on drawing the borderline of the application of this procedure type. The number and ratio of negotiated procedures without prior publication has been lowering for years among the procedures launched by contracting authorities, likewise the transparency of Hungarian public procurements has markedly improved, which beside the legislation is also attributable to the fact that the Public Procurement Authority focuses in particular on ensuring the publicity of procedure documents and the decisions made as a result of the control. As the possibility offered by negotiated procedures without prior publication is indispensable for the satisfaction of certain procurement needs, consequently, in addition to strict compliance control, the establishment of a consistent legal practice is also necessary to implement this procedure type in the spirit in which it was conceived. The overview of past years’ legislative and practical tendencies in terms of negotiated procedures without prior publication presented by this article endeavours to analyse the background of decreasing statistical data and also to describe how the Public Procurement Authority ensures transparency during compliance control and how it supports practitioners in applying this procedure type in compliance with the provisions of the Public Procurement Act.
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SLOBODIANYK, Anna, and Nadiya REZNIK. "MANAGING PUBLIC PROCUREMENT APPEALS." Ukrainian Journal of Applied Economics 4, no. 4 (2019): 79–85. http://dx.doi.org/10.36887/2415-8453-2019-4-9.
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Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.
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ZDYRKO, Nataliya. "STANDARDIZATION OF PUBLIC AUDIT OF PUBLIC PROCUREMENT IN UKRAINE THROUGH THE INTRODUCTION OF COMPLIANCE AUDITS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 4 (54) (December 19, 2020): 156–74. http://dx.doi.org/10.37128/2411-4413-2020-4-11.
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The independent legislative agency of Ukraine according to the international standards ISSAI in private carrying out of the state audit (including the published purchases) is made. It is established that international practice has identified three components of public audit: performance audit, financial audit and compliance audit. The necessity of standardization of the state audit of public procurements through legislative fixing of audit of conformity is proved. The main objects of compliance audit are proposed: the activities of the customer (participant), public resources and the activities of responsible government agencies. Recommended main directions and procedures for compliance audit for each object and by stages of the life cycle of procurement items. Features of the audit of compliance of redistribution by the customer of various receipts for public procurement are considered. Features of audit procedures for different types of public procurement are identified. The recommended procedure and algorithm for auditing the correctness of determining the subject of procurement from the customer. The main mistakes and violations of the participants, which take place during the audit of compliance with public procurement, have been identified. The peculiarities of compliance audit at the stage of public procurement planning, pre-contractual and contractual relations in the electronic procurement system, as well as at the stage of use of procurement items are highlighted. It was emphasized that the responsible body should regulate issues related to the functioning of the electronic information system, platforms and web portal in the field of public procurement. The key elements of the Public Procurement Compliance Audit Standard (purpose, objectives, subject, objects, subjects, stages, methods, principles) are proposed.
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Altsyvanovych, O. V., and Y. Y. Tsymbalenko. "Theoretical and categorical analysis of the concept of public procurement and corruption risks in their implementation in Ukraine." Public administration aspects 6, no. 9 (2018): 92–103. http://dx.doi.org/10.15421/151858.
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The concept of public procurement is revealed. It has been determined that public procurements should be considered as a set of step-by-step actions, which form a holistic, regulated by the law (Law of Ukraine «On Public Procurement») procedure. The purpose of the public procurement procedure is to implement the functions of the public administration.The following definition of corruption risk in public procurement is given – this is the probability of a corrupt act, and will negatively affect the achievement of certain goals and objectives of public procurement. It is proved that corruption risks can arise at different stages of public procurement.The following possible corruption risks in the implementation of public procurement are defined: the creation of such a composition of participants, which makes it possible to avoid the use of bidding procedures with certain restrictions and, instead of using more simplified procedures, including direct conclusion of contracts or purchase from one executor; development of technical conditions or technical tasks with the purpose of promoting the sale of a particular product or service or preventing participation in the bidding of potential participants; determination of discriminatory criteria for the evaluation of tender (price) offers with respect to certain suppliers that are completely incompatible with the requirements of actual procurement; аbuse of «closed» tendering procedures (bidding with limited participation, request for quotations (quotations) or purchase from a single executor, etc.); development of contracting arrangements with the apparent intention of assisting a particular supplier; acceptance from the tenderers of incorrect information or tender (price) proposal prepared (th) in violation of the established requirements; manipulation of the decision-making process within the framework of the work of the tender committee.
7
Kovač, Matjaž. "Novelties Regarding Public Procurement Procedures." Lex localis - Journal of Local Self-Government 6, no. 3 (2009): 373–412. http://dx.doi.org/10.4335/58.
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The public procurement volume amounts to 10.5% of GDP which represents a considerable part of the Slovene economy. Thus, public procurement remains an important generator of economic growth and one of the key agents for the public financial expenditure policy. The public procurement analysis shows that the public procurement structure and share did not essentially change in Slovenia from 2001 to 2006. The data analysis of the public procurement contracts awarded in 2006 showed that the public procurement contracts were non-uniformly distributed according to their values and the number of procedures. On the one hand, great fragmentation and dispersion of public procurement contracts manifest themselves in the small-value public contract segment and its 25.1% value share in all of the public procurement contracts, but on the other hand, there is concentration of the high-value public procurement contracts in merely few large-volume orders.
 
 Key words: • public procurement • public funds • public procurement procedure • economic policy • Slovenia
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Čudanov, Mladen, Predrag Jovanović, and Ondrej Jaško. "Influence of the Public Procurement Procedure Type on the Duration of Public Procurement." Lex localis - Journal of Local Self-Government 16, no. 2 (2018): 361–78. http://dx.doi.org/10.4335/16.2.361-378(2018).
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This study analyses how important is the influence of the procedure type and a number of received bids on the duration of the public procedure process. Efficiency and speed of public procurement process diminish inventory turnaround times, direct and indirect costs of procurement, hastens and improves manageability of core processes in the organizations obliged to the public procurement process. Our study focuses on the quantitative analysis of the influence of the procedural public procurement framework mostly determined by the central government and describes potential other factors of efficiency which can be influenced at the local level. Dataset was obtained from the Public Procurement Office of Serbia, and it included 42,850 cases of public procurement after the correction of missing and “dirty” data. Using statistical methods we have presented two linear models, where the type of procedure and number of received bids account for roughly 23% of the variability in the dependent variable. This paper provides suggestions for improvement of efficiency of public procurement, as well as for data that needs to be tracked to develop more comprehensive, accurate and reliable prediction model of the duration of the public procurement process.
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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 foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The Public Procurement Law provides two new awarding procedure. Simplified procedure – may be applied by the contracting authority for the contracts with a reduced value and the Innovation partnership. The above procedures are in addition to the procedures below which were already provided for by the prior legislation. In Romania a simplified procedure is applied for contracts /framework agreements with an estimated value below the above mentioned thresholds but with exceed RON 135,060 for supply and services contracts and RON 450,200 for works contracts. Within a simplified procedure, contract notices are published only in the Electronic System for Public Procurement.
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KOBYLNIK, D. A. "Open bidding as a public procurement procedure." Law and innovations, no. 4 (28) (2019): 68–73. http://dx.doi.org/10.31359/2311-4894-2019-28-4-68.
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Uttam, Kedar, and Caroline Le Lann Roos. "Competitive dialogue procedure for sustainable public procurement." Journal of Cleaner Production 86 (January 2015): 403–16. http://dx.doi.org/10.1016/j.jclepro.2014.08.031.
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Kozłowski, Andrzej Józef, and Iwona Z. Czaplicka-Kozłowska. "Security of Public Financial Resources and the Public Procurement Procedure – Analysis of Transparency and Characteristics of Procedures Based on Research." Internal Security 12, no. 2 (2020): 28–29. http://dx.doi.org/10.5604/01.3001.0014.6690.
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. The subject of the study is an analysis of the procedures related to the selection of the most advantageous offer in the process defined in the public procurement law. Pointing out the essence of the problem in the area of public financial resources management, attention was paid first of all to legal solutions, their number of changes since the first act was passed in 1994, and to the essence of public financial resources management in the surrounding reality. Based on an analysis of Internet resources randomly selected from more than 50 local governments, mainly districts of large Polish cities, the transparency of public procurement procedures was assessed. Thus, with regard to a particular district, the methods of case study and expert analysis were used in scientific evaluation of the public procurement phenomenon. Then, on the basis of the literature and analysis of the surrounding reality, changes were indicated, the introduction of which will improve public procurement. The results of the research in particular boroughs were used to diagnose the research problem related to transparency in public procurement proceedings and to achieve the objective, which was to develop a state diagnosis and proposals of changes ensuring an increase in the level of utilisation of public financial resources. It was assumed in the study that proper management of public financial resources in the area of expenses, especially those covered by public procurement law, eliminates excessive debt and thus creates security in the area of local financial resources. At the end of the study, recommendations were presented to eliminate the identified shortcomings in the legal solutions and functioning public procurement procedures.
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Kanapinskas, Virgijus, Žydrūnas Plytnikas, and Agnė Tvaronavičienė. "IN-HOUSE PROCUREMENT EXCEPTION: THREAT FOR SUSTAINABLE PROCEDURE OF PUBLIC PROCUREMENT?" Journal of Security and Sustainability Isues 4, no. 2 (2014): 147–58. http://dx.doi.org/10.9770/jssi.2014.4.2(4).
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Ivanova, Albena. "Appeal of Public Procurement Procedures." International conference KNOWLEDGE-BASED ORGANIZATION 25, no. 2 (2019): 135–40. http://dx.doi.org/10.2478/kbo-2019-0069.
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Abstract 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 foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Justice of EU (CJEU) also exercises judicial review within the context of a reference for a preliminary ruling, where a national court hearing an appeal against a Public Procurement procedure, has referred a question to the CJEU.
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Ibragimov, Oleg A., and Vyacheslav A. Klochikhin. "Independent Monitoring and Public Discussion of Procurements as the Main Forms of Public Control over State Procurements." Jurist 2 (February 4, 2021): 38–45. http://dx.doi.org/10.18572/1812-3929-2021-2-38-45.
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The authors prove that there are two main forms of public control of government procurement: independent monitoring and public discussion of procurement. A comparative analysis of the concepts of “procurement monitoring” and “public monitoring” in relation to the concept of “independent procurement monitoring” is carried out in order to formulate and to find ways to solve controversial issues of implementing public control in the studied area. The results of a comparison of the previous and existing procedures for public discussion of purchases allow us to conclude that the procedure for conducting them is significantly simplified at the present time. Particular attention is paid to the problem of the recommendatory nature of the application of the results of public control of government procurement.
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Radman, Ana, Jože Ričnik, Tomaž Bartol, Lea Robič Mohar, and Matej Požarnik. "Public Procurement in Broadband Infrastructure Projects in the Republic of Croatia." International Journal of Economics and Financial Research, no. 54 (April 5, 2019): 78–85. http://dx.doi.org/10.32861/ijefr.54.78.85.
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This paper investigates public procurement in Broadband Infrastructure Projects in the Republic of Croatia, the funding of which is provided by the European Regional Development Fund for the period 2014-2020. Since successfully implemented procurement procedure for the infrastructure solution is one of the key factors for grant approval and the start of project implementation, the question arises as to which public procurement techniques contribute best to achieving the goals and meeting the objectives of these specific projects. It is estimated that the available literature and legal cases are not sufficient to make a decision on the selection of the procedure. Therefore, a conclusion of possible procedures was reached on the efficient and effective process through a comparison, as well as multicriteria analysis, leading to the successful completion of the procurement process.
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Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (2018): 40. http://dx.doi.org/10.26417/ejef.v2i2.p40-49.
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Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.
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Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 3, no. 1 (2018): 40. http://dx.doi.org/10.26417/ejef.v3i1.p40-49.
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Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.
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Zaitsev, O. L., and O. R. Shyshka. "The concept of "void contract" in public procurement." Law and Safety 82, no. 3 (2021): 131–35. http://dx.doi.org/10.32631/pb.2021.3.14.
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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.
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MULYK, Tetiana, Olena TOMCHUK, and Yaroslavna MULYK. "ANALYTICAL TOOLS FOR CONTROL AND MONITORING OF PUBLIC PROCUREMENT." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 3 (53) (October 4, 2020): 173–92. http://dx.doi.org/10.37128/2411-4413-2020-3-13.
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The article examines analytical tools for control and monitoring of public procurement. It was determined that after the launch of the ProZorro system and the publication of a significant amount of open data, many tools and services have appeared in Ukraine to help analyze and monitor public procurement and its participants. The information on analytical tools for controlling and monitoring public procurement is updated at https://dozorro.org/tools. The role of monitoring in the field of public procurement is described. The reasons for the decision to start monitoring procurement are highlighted. It is determined that the monitoring portal DoZorro is a platform where each participant of the system can give feedback to a state customer or supplier, discuss and evaluate the terms of a particular procurement, analyze the procurement of a particular government agency or institution, prepare and submit an official appeal to the regulatory authorities and much more. The opportunities for any procurement participants provided by the DoZorro portal are described. The DoZorro monitoring portal includes: analytics modules, tools for customers, tools for research of cash flow, tools for research of participants, tools of judicial practice, AMCU practice, and practice of monitoring authorities. Each tool has its own characteristics and capabilities. If you choose the right service, you can find the information you need, or get the desired result much faster and better. The capabilities of the public analytics module are given and detailed in detail. It has a large list of criteria by which you can select purchases, plans, suppliers, customers and consists of specific applications. Its structure is represented by the following appendices: planning stages and incorrect plan points, governing body panel, medical procurement, ESCO procurement stage. The capabilities of the professional analytics module, the medical analytics module, risk indicators DoZorro, procurement COVID-19 are also described. The procedure for using indicators to form a queue of risky procurement procedures is presented. It is determined that the researched tools allow to analyze purchases in an electronic system and allow to display in real time information about announced procurements, information about customers, participants, complaints, contracts and other information from the central database.
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Malatinec, Tomáš. "Cross–Border Public Procurement in the European Union." EU agrarian Law 10, no. 2 (2021): 7–12. http://dx.doi.org/10.2478/eual-2021-0007.
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Abstract Joint cross–border public procurement is a public procurement procedure in which a contract is awarded jointly by contracting authorities from two or more Member States. Such an approach con-tributes to the fulfilling potential offered by the EU Single Market. The aim of the paper is to con-tribute to the analytical results focused on the evaluation of joint cross–border procurement. The results are processed on the basis of data selected from TED. The results show that this approach in public procurement is not commonly used by contracting authorities. The use of this approach is dominated by the supply of services and the use of open procedure as a tendering procedure.
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ALEXE, Irina, and Daniel-Mihail ŞANDRU. "Data Protection in the Public Procurement Process." European Journal of Law and Public Administration 7, no. 2 (2021): 224–39. http://dx.doi.org/10.18662/eljpa/7.2/142.
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Transparency is one of the fundamental principles in public procurement. At the same time, the General Data Protection Regulation (GDPR) requires all operators, whether public or private, to respect privacy and data protection. The study starts from the premise of avoiding sanctions and of complying with the obligations of the contracting authority by knowing the hierarchy of values protected by the regulations in force. An important role in ensuring compliance with the law is to correlate the activity of the data protection officer with the procurement department. The stages of the public procurement procedure will be analyzed in the most relevant aspects, from the publication in the Electronic Public Procurement System and the management of personal data submitted by bidders in the procurement procedures until the publication of the results. We will observe whether data protection can become an award criterion and the influence of bidding data breaches in procurement procedures. A sensitive issue is the protection of data transferred outside the European Union and, from the point of view of competition law, the consequences of the associations, and we will finally discuss some aspects regarding the corrective measures that the data protection authority may impose.
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Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (2018): 39–48. http://dx.doi.org/10.2478/ejef-2018-0010.
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Abstract Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders - including through the electronic procurement expansion - are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving.
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Kvasnička, Michal, Rostislav Staněk, and Ondřej Krčál. "Do Auctions Improve Public Procurement? Evidence from the Czech Republic." DANUBE: Law and Economics Review 6, no. 4 (2015): 241–57. http://dx.doi.org/10.1515/danb-2015-0015.
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AbstractThis paper explores the effect of various contract-awarding procedures in public procurement on the price of the contract. We provide a theoretical model that compares prices in different procedures and tests whether there is a significant price difference between the procedures using data from Czech public procurement. The model predicts that auctions are more efficient than negotiations given the same number of suppliers, and open procedures are more efficient than closed procedures if high-cost firms are selected for the closed procedure. In accordance with the first prediction, we find that open auctions are more efficient than open negotiations. Concerning the second prediction, we find that closed procedures are less efficient than open procedures, which suggests that procurers tend to select relatively more costly firms to participate in closed procedures. Comparing all four awarding procedures, we find that open auctions are the most efficient procedure used in the Czech Republic. We estimate that the inefficiencies due to the use of other contract-awarding procedures are substantial.
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Brychta, Karel. "PUBLIC CONTRACTS IN HOLDING COMPANIES OPERATING IN THE CONSTRUCTION INDUSTRY – A CASE OF THE CZECH REPUBLIC." Business: Theory and Practice 22, no. 2 (2021): 267–76. http://dx.doi.org/10.3846/btp.2021.13270.
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This paper is produced as an exploratory study with the aim of carrying out a taxonomy of construction companies operating in the Czech Republic, taking into account the type and number of concluded public procurement contracts. In processing the multidimensional matrix describing the companies, a cluster analysis was used to identify the dependence between the set of variables. Results of the analysis suggest that the prevailing types of public procurement procedures include negotiated procedure without prior publications, open procedure and simplified below-threshold procedure, while from the point of view of the contracted value, the open procedure is of the highest importance. As for the cluster analysis conducted for the types of public procurement analysis, one can conclude that there is a relation between the number of public contracts concluded and the scope of the types. On the other hand, the extension of the conducted cluster analysis did not provide any conclusive evidence regarding the relationship between the types of public procurement contracts and the types of holding structures. Such a study has not been realised in the Czech Republic yet. Thus, the results of this study provide a background for research in the area of public procurement in the Czech Republic. Some potential research questions have been stated in the discussion part of the paper.
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Pavel, Jan. "Comparison of efficiency of public procurement organized by public sector and local monopolies." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2611–15. http://dx.doi.org/10.11118/actaun201361072611.
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The aim of this paper is to identify the difference between the prices achieved in public procurement by public and private bodies. The analysis exploits the fact that European legislation forced to follow the Public Procurement Act not only public sector but also private companies working in the position of local monopolies (gas supply, water supply, public transport, etc.).The analysis is based on data from the Information System of Public Procurement in the Czech Republic. The data set is created by more than 500 observations containing information about the large construction contracts from the years 2006–2011. Details of these contracts were analysed using regressions. As a dependent variable were used price achieved (in the first model) and the number of bids (in second model). As explained variables were the numbers of bids (only in the first model), type of tender, the contract size, etc. The methodology is based on foreign papers, which are dealing with the issue of competitive effects.The results show that the public sector bodies obtain in their tenders on average more bids than private firms, but their realized prices are higher. Another finding is the influence of the type of procurement procedure. In the public sector are the best rates achieved with open procedures, while in the case of private entities was not identified the influence of procurement procedures.
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Popov, Vladimir, Milena Medineckienė, Tatjana Grigorjeva, and Arūnas Remigijus Zabulėnas. "BUILDING INFORMATION MODELLING: PROCUREMENT PROCEDURE." Journal Business, Management and Economics Engineering 19, no. 01 (2021): 180–97. http://dx.doi.org/10.3846/bmee.2021.14653.
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Traditional construction planning is being replaced by the building information modelling (BIM) approach, which seeks to digitalise all the construction procedures, including procurement. Successful implementation of BIM on the market requires the preparation of appropriate procurement documents. Purpose – to suggest the most suitable set of documents for public procurement in the context of BIM by analysing the documents that are necessary for implementing the stages of the building life cycle. Research methodology – in order to achieve the aim of the research, the in-depth analysis of different countries’ procurement methodological documents and analysis of the scientific articles have been implemented. The methodology also includes expert interviewing, which was done in order to analyse the investigated standards. Findings – After analysing the procurement procedures of Norway, Spain, France, Poland, the United Kingdom, the Netherlands, and Finland, a set of documents, including Employer’s Information Requirements (EIR), BIM Execution Plan (BEP) and BIM protocol, was considered as the most suitable for BIM-based procurement processes. In addition, the basic principles of ISO 19650-2:2018 do not reflect the specific conditions of each country, so it is appropriate to examine the possibility of providing guidance in individual national annexes that reflects the peculiarities of national procurement. Research limitations – some research limitations were related to the challenges to access the literature, particularly the regulatory documentation associated with the public procurement procedure in a singular Country. Also, the difficulties with and accessing the document in the English language. However, in most of these cases, the document overview was analysed or translated from the native language. Originality/Value – existing related studies are mainly oriented on a particular region/country, and no general overview of European countries regarding BIM procurement procedures has been implemented. Additionally, a significant scientific contribution of this research is the review of the fundamental standards, which includes the general specification for information management in construction projects using BIM. Implemented analysis can serve as a basis for other authors to implement their research concerning their region, to suggest the most appropriate and suitable set of documents. Practical implications – this study contributes to the preparation of the Lithuanian market for the implementation of BIM and could help policy-makers to prepare the most appropriate procurement documents.
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SLOBODIANYK, Anna. "PRINCIPLES OF ELECTRONICIZATION OF PUBLIC PROCUREMENT." Ukrainian Journal of Applied Economics 4, no. 3 (2019): 273–81. http://dx.doi.org/10.36887/2415-8453-2019-3-30.
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Introduction. In the civilized world, the principles of public procurement are based on austerity criteria; fairness and impartiality of contract award decisions; publicity of the procurement process; efficiency of the procurement process; the importance of accountability. The purpose of the research is to analyze the transfer of the procurement system in electronic format as an effective tool for the goods acquisition, works and services in order to financially support the functioning of state structures to serve public needs, which are maintained mainly at the expense of the state and local budgets. Results. The article deals with the concept essence of «electronic procurement» – that is the newest way of procurement, because it is the passing and controlling in the electronic environment of all stages of the procurement cycle, including marketing research, determining the range of economic agents, procedures for purchasing, placing orders, delivering and paying for them, budgeting and planning for purchases by government agencies. An efficient e-procurement system is highlighted, the key to which is the electronicization of the procurement process, which helps to reduce the operating costs of customers and suppliers; speeding up the procurement process and saving time; a wide range of suppliers; simple and convenient management of the procurement process; clear and transparent access to purchasing information. Conclusions. The electronic public procurement system makes it easier for participants to get started with the state, find the right procurement, submit a bid and win bidding, since all the procurement information is available on the procurement page, and in the change case in the tender documentation, all previous revisions of documents remain in the system, which can be downloaded and viewed. Such transparency of the procedure makes it possible to prevent corruption risks and is a way to develop democratic and open processes in society. Keywords: public procurement, participant, customer, Law of Ukraine "On Public Procurement", tender, auction, public procurement, bidding, open bidding.
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Dombaev, S. S. "Legal consequences of refusal of public procurement authority to conclude the contract with the winner of the competitive procurement procedure." Russian competition law and economy, no. 4 (August 20, 2021): 60–68. http://dx.doi.org/10.47361/2542-0259-2020-4-24-60-68.
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This article proposes to consider the debatable question regarding the legal consequences associated with the refusal of public procurement authority to conclude an agreement with the winner of the competitive procurement procedure conducted in accordance with the Federal Law dated 18.07.2011 No. 223 — FZ “On the procurement of goods, work, services by certain types of legal entities” (hereinafter — “Law No. 223”, the Law on Corporate Procurement). The article doubts the attempts to justify from the current legislation standpoint the existence of the obligation of the public procurement authority to conclude an agreement with the winner of the competitive procurement procedure provided with the possibility of judicial enforcement. In the absence of such an obligation, the author suggests to review the legal measures available to the winner of the competitive procurement procedure in order to protect its interests. At the same time, the article states that such measures are insufficient to the best interests of the winner of the competitive procurement procedure and does not comply with the public nature of relations in the field of corporate procurement. It is proposed to amend the Law on Corporate Procurement to eliminate these inconsistencies.
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Raczkiewicz, Z. "Compensation for Damages Incurred in Irregular Public Procurement Procedure." European Procurement & Public Private Partnership Law Review 13, no. 4 (2018): 344–49. http://dx.doi.org/10.21552/epppl/2018/4/12.
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Mardas, Dimitri, and Dimitri Triantafyllou. "Selection criteria and the award procedure in public procurement." International Advances in Economic Research 3, no. 1 (1997): 91–112. http://dx.doi.org/10.1007/bf02295004.
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Synyutka, Nataliya, Oksana Kurylo, and Mariya Bondarchuk. "Digitalisation of public procurement: The case study of Ukraine." Annales Universitatis Mariae Curie-Skłodowska, sectio H – Oeconomia 53, no. 3 (2019): 61. http://dx.doi.org/10.17951/h.2019.53.3.61-71.
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<p><strong>Theoretical background</strong>: There is an ongoing global acceleration of automation and digitalisation in financial processes, which points to significant changes in public spending policies. After an analysis of several scientific studies, fundamental approaches have been elaborated to understand public consumption and the system of state purchases. The basic hypothesis for this research was to study the possible impact of the electronic procurement market ProZorro on state purchases in Ukraine. Possible directions are: increasing competitiveness, optimising state expenditures and saving the budget funds of public services based on innovative digital technology.</p><p><strong>Purpose of the article</strong>: The main goal is to investigate the impact of the electronic public procurement system ProZorro on corruption and bureaucracy in the public sector of Ukraine. The study object is an analysis of the volume and structure of the public procurement market, the number of procedures and participants in a bidding process, and the savings amounts in ProZorro’s public purchases during the study period in Ukraine.</p><p><strong>Research methods</strong>: The following methods were used during the research of the Ukrainian electronic procurement system: dialectical method; analysis and synthesis method – for a comparison of certain types of public procurement; subthreshold and suprathreshold statistical methods – for analysing the dynamics of indicators of the domestic system of public procurement during the period under research for a comparison of the indicators of public consumption of certain ministries and departments, different regions and territorial entities; structural and logical analysis – for generalising the theoretical and methodological principles of building a public consumption system in Ukraine. The main source of data was the data and analytical base of the ProZorro electronic public procurement system.</p><p><strong>Main findings</strong>: Effects of the innovative digital paradigm on the transparency and efficiency of public procurement are determined. Considerable attention is paid to the implementation of the electronic public procurement system ProZorro in Ukraine. The expediency is substantiated for its implementation in the national practice of budget expenditures, and the principles and procedures of implementation are analysed. The practice and dynamics of the public procurement market in Ukraine are summarised. The conclusions of the advantages of electronic system are provided, including transparency and impartiality, stimulation of competition and non-discrimination of bidding participants, reduction of corruption and the effect of reducing the savings of budget funds. Potential risks, threats and disadvantages of the ProZorro system in Ukraine are highlighted. Among them are: a high proportion of non-competitive procedures; possible latent conflict regarding the participants’ interests; unreasonable time spent on individual procedures; the justification of the procurement procedure to one participant due to a dubious “urgent need”; unreasonable application of the procurement procedure to one participant due to the falsification of conditions or the division of the procurement subject; the existence of discriminatory requirements in the documentation of competitive bidding; and a lack of efficiency in the complaints handling mechanism.</p>
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Bednarz-Szymak, Justyna. "OPPORTUNITIES TO USE INNOVATION PARTNERSHIP IN PUBLIC INVESTMENT." Współczesna Gospodarka 10, no. 1 (32) (2019): 35–44. http://dx.doi.org/10.26881/wg.2019.1.04.
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In a globalisedworld, innovationis the driving force of the economy. In Poland, the public sector can support innovation to a large extent thanks to the Public Procurement Law, amended in 2016, which introduced a new procedure - innovation partnership. Judging by the scale of public spending, public procurement can become a powerful tool for the development of innovation in the economy. The aim of this article is to examine how innovation partnership can influence the effectiveness of investment projects. The assessment of processes related to the purchase of innovative solutions by the public sector with the use of public procurement and the innovation partnership mode shows that the use of this mode in various sectors of the economy may significantly improve the quality of tasks performed by them. In the study, the model method was applied based on the evaluation of the practice of using innovation partnerships in selected countries and the analysis of the transferability of these solutions to Poland. The evaluation took into account the specificity of public procurement procedures and innovation partnerships resulting from legal conditions and the national socio-economic environment. Weaknesses in the application of this procedure were identified, which cause that the innovation partnership is not a commonly used mode of investment projects implementation, and recommendations were formulated in order to reversethis trend. 
 JEL Classification: O30, O31, O38
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Carbonara, Nunzia, Nicola Costantino, and Roberta Pellegrino. "A transaction costs-based model to choose PPP procurement procedures." Engineering, Construction and Architectural Management 23, no. 4 (2016): 491–510. http://dx.doi.org/10.1108/ecam-07-2014-0099.
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Purpose – The purpose of this paper is to develop a decision model for choosing the tendering procedure in PPP that minimizes the transaction costs borne by the public sector. Design/methodology/approach – A conceptual model that relates the procurement procedures described in the EU legal framework to launch PPPs and the transaction costs, considering the level of information managed by each procurement procedure has been developed. The authors use this conceptual model to develop propositions about the impact that specific project- and country-related factors have on the choice of the procurement procedure that minimizes the transaction costs. Findings – The application of the proposed model to the case of the Italian highway “Cispadana” shows its usefulness in orienting the public authority’s choice between the different tendering procedures, taking into account project- and country-related factors. Research limitations/implications – The present study fills the gap existing in the literature on transaction costs of PPP projects and the procurement procedure used to launch those projects by developing a model that relates the level of transaction costs with a set of key factors, namely the level of information managed during the tendering process, the number of bidders, the project size, the project complexity, and the institutional environment. Practical implications – As for practitioners, the main contribution of this study lies in offering a tool for supporting the public authority in the decision-making process about the tendering procedures in PPPs without imposing the selection of a specific procedure. Originality/value – The approach developed provides a new tool to support the contracting authority in the design and choice of the tendering procedures in PPP.
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Ochrana, František, Kristýna Hrnčířová, Michal Plaček, and Milan Půček. "The Impact of the Choice of Evaluation Criteria and the Type of Tender on the Awarding Public Contracts (in the Case of Construction Contracts at the Local Level in the Czech Republic)." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 63, no. 6 (2015): 2057–65. http://dx.doi.org/10.11118/actaun201563062057.
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Public procurement may be examined from different perspectives. Using the Czech Republic as an example, this study is devoted to examining the impact of decisions made by the contracting authority regarding a public tender on the tender process itself and on the outcomes of the tender. The contracting authority addresses a number of decision-making issues regarding public procurements. For example, it needs to decide between two types of criteria (choosing between a single-criterion evaluation or rather opting for several evaluation criteria). At the same time, the authority is free to choose among different types of award procedures while adhering to certain restrictions imposed by the Act on Public Contracts. Using a sample of 1,027 construction work contracts awarded in the Czech Republic, the study examines, in more detail, the impacts of individual choices made by the contracting authority (namely the type of evaluation criteria chosen and the type of procedure for awarding contracts) on the estimated and final price of public contracts. Recommendations on how to streamline the process of public procurement can be drawn from conclusions from the empirical analysis.
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Abdukarimova, Aygul. "PROBLEMS OF ESTABLISHING A PUBLIC PROCUREMENT SYSTEM IN THE KYRGYZ REPUBLIC." Alatoo Academic Studies 20, no. 1 (2020): 188–96. http://dx.doi.org/10.17015/aas.2020.201.24.
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The article explores the history of the formation and development of the public procurement system in the Kyrgyz Republic, provides a universal definition of the concept of “public procurement”. The main problems of implementing a public procurement system at the level of regulatory legal acts are considered. The analysis of the first Law on Public Procurement was carried out, which did not take into account international experience in public procurement management. Timely introduction of the competitive bidding system in the public procurement procedure is justified. An analysis of the volume of public procurement for a certain period of time was also conducted to assess the development of the public procurement system in the Kyrgyz Republic. Based on the study, recommendations are given to improve e-procurement management.
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Giakouminaki, Olga. "The EU Legality Principle in Public Procurement Contracts." Nordic Journal of European Law 3, no. 1 (2020): 35–59. http://dx.doi.org/10.36969/njel.v3i1.21992.
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The early interest that EU law has demonstrated for public procurement contracts has gradually been molded into a sector-specific paradigm of European administrative law. Despite the constant movement of the sector counting already four generations of substantive and two generations of procedural EU law, its qualification as administrative law provides some pillars of stability; as an expression of a sui generis principle of legality, the award of public contracts is organized via formalistic, yet sometimes rigid and time-consuming procedures, due process emerging as a common principle among national and supranational administrative systems. Even though due process constitutes the gateway to accountability, the aim of the paper is limited to underlining the indicators of administrative procedure in the award of public contracts.
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Pauliina Haukipuro, Lotta, Satu Väinämö, and Hannu Torvinen. "End-user involvement enhancing innovativeness in public procurement. Evidence from a healthcare procurement." Journal of Innovation Management 4, no. 4 (2017): 98–121. http://dx.doi.org/10.24840/2183-0606_004.004_0007.
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This paper examines public procuring, aiming to increase understanding on how living lab approach and end-user involvement create innovativeness and enhance public procurement results, providing effectiveness and better solutions. Empirical findings are based on a real-life unique public procurement in the healthcare field where living lab approach was used through product testing phase which was included in the procurement procedure. Selected group of users performed product testing in a real homecare environment. Quality of the product formed on the basis of product testing was in significant role for the first time in public healthcare related procurement of City of Oulu, Finland; the winning solution was not the most affordable but the one obtaining highest scores by users. The findings of the study suggest that product testing as a part of public procurement should be more widely taken into use, however, considering the right balance of price-quality ratio to ensure innovativeness. Based on the study, we propose a framework for product testing as a part of public procurement through open procedure.
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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 (2020): 1261. http://dx.doi.org/10.3390/su12031261.
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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.
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Železnik, Milan. "A Procedure for Entering into a Public-Private Partnership." Lex localis - Journal of Local Self-Government 7, no. 1 (2009): 83–105. http://dx.doi.org/10.4335/68.
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The prescribed procedure for entering into a public-private partnership, which is the research subject in this paper, is extremely complex and long-lasting because in addition to the umbrella Public-Private Partnership Act, the public partner must observe also the regulations governing the commercial public services, public procurement, public finance and disposal of the physical assets of the state, regions and municipalities. Due to a great number of regulations that need to be observed upon entering into a public-private partnership, in a given case, the public partner has to judge whether or not it is more economical and appropriate to carry out his intention to finance investments in infrastructure or to carry out public service activities in a different manner either by granting an architectural right or by selling physical assets, or by public procurement and not by entering into a public-private partnership.
 
 KEYWORDS: • local self-government • public service • public-private partnership • Slovenia
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Зайцев, О. Л., and С. В. Ясечко. "Contract for Public Procurement in Terms of Private Law." Law and Safety 80, no. 1 (2021): 139–43. http://dx.doi.org/10.32631/pb.2021.1.19.
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The authors have analyzed the way of the origin and consolidation of the public procurement procedure in the Ukrainian national law from 1993 till the present day. That allowed us to determine the main conditions of public procurement, which have not changed during the whole period of existence of the independent legal system of Ukraine, and to critically evaluate them. Namely, the basis for payment is a report on the results of public procurement during the procurement of goods, works or services, and the cost of procurement should have been equal to or have exceeded the amount of UAH 200,000.
 The main scientific works focused on the consideration of public procurement issues in various branches of Ukrainian law have been summarized. The concept of the contract for procurement has been generalized and its features have been listed: the contract for procurement is an agreement between the customer and the participant (most of the parties), aimed at establishing, transferring or terminating property rights and obligations, which is concluded as a result of the procurement procedure and which provides the acquisition of freehold interest in the property, provision of services or performance of works. The main conceptual contradictions between the contract for procurement, the civil contract and the commercial agreement have been established and characterized. Based on the analysis of tender, civil and commercial legislation, the authors have carried out a critical analysis of the contract for procurement in terms of understanding and essential terms of the general civil contract, namely: violation of the concept of free agreement between the parties, non-compliance with equality of the rights, unreasonable narrowing of the contract for procurement up to the provision of services, performance of works or acquisition of ownership for goods, which contradicts the draft contract included in the tender documentation, the impossibility of reducing the contract price in the direction of reduction as agreed by the parties, the lack of electronic form of the contract for procurement provided by the tender legislation.
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Soudek, Jan, and Jiří Skuhrovec. "Procurement procedure, competition and final unit price: The case of commodities." Journal of Public Procurement 16, no. 1 (2016): 1–21. http://dx.doi.org/10.1108/jopp-16-01-2016-b001.
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We show how institutional and procedural characteristics affect the final price in public procurement. In order to obtain comparable unit prices, our analysis examined public procurement of homogeneous goods only. We examined two Czech commodity markets: electricity and natural gas, which enabled us to use a private market price as a benchmark metric. The regression analysis is based on the standard ordinary least squares method. On a dataset of 277 tenders, we found that the final unit price of the procurement is sensitive to movements in both commodity market price and price estimated ex ante by the procurer. Moreover, we identified that the final price is reduced when the procurer uses an open procedure, an electronic auction, or attracts more competitors.
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Cichosz, Marian. "Uwarunkowania prawne i techniczne procesu elektronizacji w komunikacji stron w zamówieniach publicznych." Studia Iuridica Lublinensia 28, no. 3 (2019): 9. http://dx.doi.org/10.17951/sil.2019.28.3.9-21.
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<p>Starting from 18 October 2018, public procurement procedures with a value equal to and exceeding the amounts specified in the secondary legislation issued pursuant to Article 11 (8) of the Public Procurement Law (i.e. above the so-called EU thresholds) are covered by the obligation of full electronic communication between the contracting authority and economic operators. Currently, a tender (or an application to participate in the procedure) in a procedure above the EU thresholds, to be valid, must be submitted only in electronic form (and not in paper form) and signed with a qualified electronic signature. The new legal situation resulted in the need to employ, both by economic operators and contracting authorities, new IT tools allowing them to achieve compliance in this regard. Meanwhile, many economic operators, especially medium and small ones, have not had sufficient IT infrastructure (especially software) as well as sufficient knowledge of the ways and methods of electronic preparation and implementation of public procurement processes. A provisional way to implement new solutions is to provide the miniPortal for e-Procurement, which allows for the safe submission of a tender or application for participation in proceedings and statements, including a European Single Procurement Document compliant with the requirements laid down in both the EU law and national law. However, this tool poses many technical problems, causing a number of disruptions in the public procurement process. The publication contains information stemming from the author’s and other practitioners’ direct observation of the communication between parties in the public procurement process.</p>
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GAVUROVA, Beata, Matus KUBAK, and Martin MIKESKA. "The efficiency of public procurement in the health sector – the platform on sustainable public finances." ADMINISTRATIE SI MANAGEMENT PUBLIC 1, no. 35 (2020): 21–39. http://dx.doi.org/10.24818/amp/2020.35-02.
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At present, public procurement processes and their efficiency represent one of the key determinants of public finance system. Many countries of the European Union work intensively on reforming public procurement processes. The main aim of public procurement is to create an open competition in order to achieve the most efficient use of public funds. The Slovak hospitals, that have been inefficiently managed in the long run, are the weakest segment of the healthcare system. Also, the public hospitals continue to generate substantial losses even if many reforms had been implemented to increase cost efficiency. However, medical debt consolidation did not help the hospitals to set optimal functioning of the economic processes in order to improve their management permanently. The primary aim of the study is to examine an impact of selected determinants on an efficiency of public procurement processes in the healthcare system of the Slovak Republic during the 2014 – 2017. The data were obtained from the registers of the Public Procurement Office of the Slovak Republic. The multinomial logistic regression was used to determine the following findings: in case of zero, or positive savings, the number of offers, year of public procurement, type of public procurement procedure, NUTS level of procurement and participation of a subcontractor in procurement process are significant categorical variables. The study results enable a creation of multi-dimensional analyses and support models in order to make effective public procurement processes in the healthcare system. Similarly, these results enable to create comparative benchmarking analyses, and may lead to a creation of new agencies and institutions.
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Pulatov Kh. Dilshod. "THE LAW ON PUBLIC PROCUREMENT ‒ THE SCOPE AND THE PROCEDURE OF ITS APPLICATION IN THE HEALTH CARE SYSTEM." International Journal of Innovative Technologies in Economy, no. 2(22) (March 31, 2019): 3–8. http://dx.doi.org/10.31435/rsglobal_ijite/31032019/6373.
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 This article is devoted to the ongoing reforms in the field of public procurement in the Republic of Uzbekistan, in particular the adoption of the law “On public procurement”, highlights the main concepts of the Law. The system of procurement of goods and services by health care organizations was also studied, emerging problems in the procurement process and methods for their solution were studied. Developed scientific and practical suggestions and recommendations.
 
 
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Lazarev, Arthur Viktorovich, Anastasia Romanovna Lazareva, and N. A. Prodanova. "Review of software for public procurement." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 9 (September 1, 2021): 42–52. http://dx.doi.org/10.33920/med-17-2109-05.
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The designated topic is one of the most relevant today, since the general use of automation of processes leads to an increase in their efficiency and this is a phenomenon that has already been proven by time. The article considers an overview of the software support for public procurement. The basic principles and mechanisms of contract turnover and the use of various programs throughout the procurement procedure are considered, as well as a comparative analysis of popular programs for working with contracts and purchases with a designation of their features. The work also used a large amount of drawings reflecting the architecture of the process. As a result of writing the work, it was possible to get an idea of the ongoing processes, in public procurement, occurring in the field of those specialists who are responsible for accounting for government contracts, as well as the software used locally.
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Levon, Svetlana. "IMPROVING THE NATIONAL MODEL OF PUBLIC PROCUREMENT MANAGEMENT IN THE CONDITIONS OF EUROPEAN INTEGRATION." International Journal of New Economics and Social Sciences 9, no. 1 (2019): 95–105. http://dx.doi.org/10.5604/01.3001.0013.3035.
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The article is devoted to the analysis of the experience of the European Union coun-tries and the development of recommendations for improving the centralized model of public procurement management in Ukraine. The article is focused on clarification of the basic provisions of normative acts, which are the basis for the functioning of a centralized procurement organization, the State Institution «Professional Procurement». This applies to the Law of Ukraine «On Public Procurement», the Reso-lution of the Cabinet of Ministers of Ukraine «On the Implementation of a Pilot Pro-ject on the Organization of the Activities of a Centralized Procurement Organization» and the Order of the Ministry of Economic Development and Trade of Ukraine, ac-cording to which the functions of the Centralized Procurement Organization (herein-after referred to as the Central Depository) are entrusted to the State institution «Pro-fessional purchases». It has been established that centralized procurement is not necessarily carried out through a specialized organization. For these purposes, both, state limited liability companies and independent agencies (the structure of which is very similar to the structure of private companies) can be formed. Based on the experience gained, recommendations for the improvement of the Ukraini-an centralized procurement organization were developed by the State Institution «Pro-fessional Procurement». In particular, it is proposed to legislate this institution with certain powers to monitor the market, to finance the work to use the customer's payment of a fixed advance payment for each procurement procedure and to use open framework agreements when conducting procurement procedures.
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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.
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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.
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Altsyvanovych, O. V., and Y. Y. Tsymbalenko. "International and European experience of avoiding corruption risks during public procurement." Public administration aspects 6, no. 10 (2018): 62–73. http://dx.doi.org/10.15421/151866.
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The international and European experience of avoiding corruption risks in public procurement has been investigated. An analysis of the functioning of the public procurement system in various countries led to the conclusion that the authorized authorities use various mechanisms to ensure the effectiveness of its organization. This applies, in particular, to the requirements for competitive bidding, disclosure of information by their participants, establishing the responsibility of officials for compliance with the procedures and rules established by law, etc.Along with the regulatory documents governing the procurement procedure in foreign countries directly, the important role is played by declarations and standards relating to the direct regulation of the procedures and principles of public finance FC.The main approaches used in international practice to avoid corruption risks in the implementation of public procurement are identified, namely: psychological methods, technical methods, regulation of processes, repressive means.It was concluded that, limited to individual branches of influence or the methods indicated above, only a short-term effect can be obtained, because after a certain period of time, the structure and mechanism for releasing illegal income will change, moving into industries not covered by instruments of control and opposition. As a result, the total corruption losses will return to their previous size or even exceed them. Consequently, it is possible to get tangible results of indicators of reducing corruption only by applying an integrated approach, that is, a balanced use of all methods of counteraction at each stage of the public procurement process.
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Bredneva, N. D., N. P. Firsenko, A. S. Putintseva, and N. M. Chemyakin. "Legal and regulatory environment of state procurement for medications for governmental needs." Medical Science And Education Of Ural 21, no. 4 (2020): 105–10. http://dx.doi.org/10.36361/1814-8999-2020-21-4-105-110.
Full textAbstract:
The purpose: is to analyze the legislative acts of modern Russia, establishing the procedure of public procurement of medications for medical use. Materials and methods: during the research, a systematic approach method was used, also methods: situational-logical analysis, content analysis. Results: a retrospective analysis of Russian legal and regulatory environment, which determines the procedure of public procurement, including medications for medical use, was carried out. The reform of the contractual system in the field of procurement to meet state needs (medications) is aimed at reducing the risk of corruption schemes by increasing the transparency of the bidding procedure and increasing the number of participants. Conclusion: the “Strategy for medication supply to the population of the Russian Federation for the period up to 2025” implementation will contribute to the optimization of the system of public procurement of medications for medical use and its innovative focus on the development of the domestic pharmaceutical industry.