The New Public Procurement Law and GPA Accession: A Way for Brazil to Overcome Path Dependence (original) (raw)
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Particularities of the Public Procurement Contentious
Abstract: The paper with the above mentioned title approaches an issue current not only for juridical research, but also for practical activities. This study resumes an issue approached by other authors as well, but highlighting some particulars of the contentious business of public acquisitions using analysis, observation and case study. Thus, based on the regulations prior to coming into force of the Emergency Ordinance no. 34/2006, I have performed a brief analysis of the means available to the individuals who wish to challenge the legality of a procedure of awarding the public procurement contract. At the same time, in this study we aim at clarifying the aspects related to the legal nature of the documents prior to concluding the public procurement contracts used by the contracting authority and also the legal conditions applicable to public procurement contracts concluded following the awarding procedure.
Public Procurement: A Competition Perspective
Indian Journal of Public Administration, 2017
Public procurement of goods and services accounts for 25-30 percentage of GDP in developing countries. Since this involves public resources, it is important to optimise efficiency of procurement which in turn is positively correlated with the level of competition in the market. Paradoxically, various factors make public procurement especially vulnerable to a host of anti-competitive practices. The article examines various anti-competitive practices that may potentially affect the efficiency of public procurement as well as 'red flags' in various stages of the bidding process that could possibly point to bid rigging. However, by properly designing the procurement process, risks of bid rigging can be significantly reduced. Data from various countries show huge savings to public treasuries resulting from implementation of public procurement reforms. The article also attempts to discuss the evolution of competition law in India over the last seven years of operation of the Competition Act, 2002. Apart from the crucial role of the Competition Authorities, the article underlines the need for procurers to be proactive. Effective public procurement reforms in India would require close cooperation among various stakeholders, such as the Department of Expenditure, Central Vigilance Commission (CVC), Comptroller and Auditor General (CAG), Competition Commission of India (CCI) as well as procurers.
Index: 1. Corruption, human rights and economic implications 2. International anti-corruption instruments. 3. French and Italian models compared. 4. US and UK models: The Common law approach. 5. Preventive anti-corruption measures in Europe. Private and Public ethics and compliance programs 6. Contract renegotiation and risk of corruption 7. Final remarks. 1. Corruption, Human Rights and Economic Implications. How to ensure integrity, accountability, and transparency of public authorities and economic operators across countries? A community of values is growing in the wider context of transnational and international bodies such as the OECD, the UN, and in single Member States, to promote a joint system against corruption, but it still needs clear means of actions. The lack of integrity and corruption affect human rights and the market, and are an issue in Public Procurement. Non-transparent economic interests supported by lobbies and conflicts of interests may influence the legislation, its implementation, competition and, ultimately, the economic growth and competiveness of the market itself.
It has been stated repeatedly that delays in government spending in the past have been caused, in part, by problems with procurement. The PHilMech Budget has been citing procurement as an excuse for underspending for many years. The cumulative disbursement outcome for 2019 was lower than the programmed spending for the year by approximately Php 48 million, or about 23% of utilization in the Regular fund, and by approximately 9 million, or about 9% in the Rice Competitiveness Enhancement Fund. Although not all of the savings result from underspending (i.e., about 21% of the amount is attributable to a combination of greater interest payment savings and net lending, which reflects prudent debt management by the government), the majority is reflected as a decline in agency performance in disbursements and budget utilization. The problem of procurement management delays in PHilMech has been enormous. Its effects were so profound that it frequently slows down the execution of strategic planning. This essay examines the management and procurement law flaws that contributed to the delays in the PHilMech projects' implementation. The analysis's findings showed that poor management, ineffective planning and scheduling, and cash flow and financial difficulties faced by management were the major issues that contributed to delays. Several actions are suggested.
Public Procurement in Law and Practice1
2020
We examine a new data set of laws and practices governing public procurement, as well as procurement outcomes, in 187 countries. We measure regulation as restrictions on discretion of the procuring agents. We find that laws and practices are highly correlated with each other across countries, better practices are correlated with better outcomes, but laws themselves are not correlated with outcomes. To shed light on this puzzle, we present a model of procurement in which both regulation and public sector capacity determine the efficiency of procurement. In the model, regulation is effective in countries with low public sector capacity, and detrimental in countries with high public sector capacity because it inhibits the socially optimal exercise of discretion. We find evidence broadly consistent with this prediction: regulation of procurement improves outcomes, but only in countries with low public sector capacity. 1 The authors are from the World Bank, the Peterson Institute for Int...
Internationalizing Public Procurement Law: Conflicting Global Standards for Public Procurement
Global Jurist Advances, 2006
International standards and rules increasingly apply to public procurement. Overlapping sets of norms, however, may generate complex relationships between existing disciplines and, even, conflicts of law. On the one hand, international organizations apply several common procurement standards. The WTO Government Procurement Agreement (GPA), the World Bank Procurement Guidelines and several conventions and bilateral free trade agreements set forth a number of basic principles, such as transparency, fairness and participation. On the other hand, however, each organization and procurement standard-setting body elaborates its own, peculiar procedural norms. The main example consists in non-discrimination mechanisms, in rules regarding access to competitions, qualification conditions and award criteria. The existence of a number of procurement standard-setting bodies raises the following main issues: what are the implications of the differences among relevant substantive and procedural models? How to address and solve potential conflicts between incompatible international public procurement standards and the underlying one between the different organizations and financial institutions? The Author finds that sometimes the rules deriving from different internationalizing sources are congruent and compatible (or even identical). For the most part, conflicts or incongruities between international procurement rules are caused by an absence of mechanisms for adapting or reconciling the specific methods used by different supranational bodies' to protect their interests. The conflict is caused in applying identical principles and is not, therefore, irresolvable. As a result, in the cases considered, a reconciliation of those conflicts of rule cannot disregard an all-inclusive consideration of the significant principles, common to the various regimes.