GREAT PUBLIC PROCUREMENT PROBLEM

2019 ◽  
pp. 218
Author(s):  
Ilona Mironova
Keyword(s):  
Public Procurement ◽  
Administrative Law ◽  
Practical Application ◽  
The Public ◽  
New Public ◽  
Green Public Procurement

The topic of work is topical in the field of administrative law. This work analyzes and analyzes the application of Green Public Procurement to problems, the application of which is set out in the new Public Procurement Law and Cabinet Regulation No. 353 of 20 June 2017 Requirements for Green Public Procurement and the Procedure for their Application. The positive and negative aspects that have been identified in the practical application of the Public Procurement Law and mentioned in the Cabinet of Ministers regulations are analyzed and described.

Green Public Procurement

2019 ◽  
pp. 136-160
Author(s):  
Carmen Lenuta Trica ◽  
Luminita Ghita
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
The Public ◽  
Green Procurement ◽  
Product Categories ◽  
Legal Provisions ◽  
Green Public Procurement ◽  
Environmental Requirements ◽  
Procurement Contracts

At present, legal provisions and environmental policy regulate the possibilities of using environmental considerations in the development of award criteria, as well as in the performance clauses of procurement contracts. The first part of the chapter analyzes the concept of green procurement and product categories for which green procurement can be used. The second part of the chapter presents the benefits of using green procurement. The third part of the chapter will include assessing the progress and impact of using green procurement. The fourth part of the chapter analyzes the legal framework for public procurement in Romania, as well as the capacity of the market to offer and develop products and services that include minimum environmental requirements and criteria. In the fifth part of the chapter, the authors analyze the possibility of implementing a mechanism for the operation and implementation of the legal provisions in Romania in order to improve the quality of the services and optimize the costs of the public procurement.

Approaches Regarding the Simplified Public Procurement Procedure in Romania

2020 ◽  
Vol 26 (2) ◽  
pp. 88-93
Author(s):  
Liviu-Alexandru Precup
Keyword(s):  
Public Procurement ◽  
Geographical Location ◽  
Electronic System ◽  
Political Orientation ◽  
The Public ◽  
Foreign Companies ◽  
Adoption And Implementation ◽  
New Public ◽  
Procurement Procedure ◽  
Simplified Procedure

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.

Green Public Procurement Implementation Framework

2019 ◽  
pp. 1-22
Author(s):  
Rajesh Kumar Shakya
Keyword(s):  
Sustainable Development ◽  
Public Sector ◽  
Social Life ◽  
Public Procurement ◽  
Effective Means ◽  
Government Expenditure ◽  
Lessons Learned ◽  
The Public ◽  
Green Public Procurement ◽  
The Government

Government expenditure on public procurement accounts for a sizeable part of economic activity and demand. The annual public-sector procurement budget accounts about 20% to 30% of GDP in the developing countries, which provides the countries public sector with considerable leverage to stimulate the public-sector consumptions favoring goods, works, and services using fewer resources, and less harmful to the environment. The public sector should be more responsible for supporting environmental and broader sustainable development objectives. Green public procurement (GPP) is slowly getting recognized internationally as an effective means for public administrations to manage the balance between cost-effectiveness and sustainable development. The public fund should be used responsibly to uplift the health, environment, and social life. At the same time, the goods, services, and works procured by the government must achieve value for money. This chapter focuses on the importance of green public procurement strategies that could guide the countries to successfully plan, procure, and implement green public procurement (GPP) by outlining policies, strategies, and actions to boost green public procurement. The recommended strategies are based on the international best practices and the lessons learned from the experience by different government around the world. These strategies could be updated and customized based on the specific country context and their readiness.

scholarly journals Legal features and content of “the labour migrant" in russian administrative law

2012 ◽  
pp. 250-254
Author(s):  
O. V. Nemtshenko
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Practical Application ◽  
The Public ◽  
Labour Migrant

The article reviews in system the key notion of “the labour migrant” in the sphere of employment abroad. The article contains legal features, content and practical application of the labour migrant’s legislation. The author concludes about the public importance of migrant’s institution and about the necessity of proper legal regulation in the scope.

The power of green public procurement

elni Review ◽  
2006 ◽  
pp. 55-58
Author(s):  
Jill Michielssen
Keyword(s):  
Public Procurement ◽  
Sustainable Use ◽  
Environmental Benefits ◽  
Public Authorities ◽  
The Public ◽  
Goods And Services ◽  
Greenhouse Emissions ◽  
Desktop Computers ◽  
Green Public Procurement ◽  
The Eu

Europe's public authorities spend the equivalent of approximately 16% of the EU's GDP on purchasing goods and services. It is therefore crucial that public procurement takes into account environmental protection if the EU is to achieve its Kyoto Protocol target of reducing greenhouse emissions by 8% from 1990 levels, by 2012. “Green” procurement can also contribute significantly to the EU's Strategy for Growth and Jobs. The EU has been legislating on public procurement since 1971 but in 2004, it adopted a new series of public procurement directives which make it absolutely clear that public authorities can take into account the environment when procuring goods, services and works. In 2003, a European Commission study showed that if all public bodies in the EU switched to green electricity, they would avoid more than 60 million tonnes of CO2 emissions per year, thus contributing towards 18% of the EU’s Kyoto target. Each year, the public sector buys more than 2.8 million PCs. If it started purchasing energy-efficient desktop computers, another 830 000 tonnes of CO2 would be prevented, which would bring us an additional 0.25% closer to the Kyoto goal. Other environmental benefits include more sustainable use of natural resources, waste prevention and recycling, and more sustainable cities.

From whence the knowledge came: Heterogeneity of innovation procurement across Europe

2016 ◽  
Vol 16 (4) ◽  
pp. 463-504 ◽  
Author(s):  
Anne Rainville
Keyword(s):  
Cluster Analysis ◽  
Public Sector ◽  
Public Procurement ◽  
Knowledge Sourcing ◽  
The Public ◽  
Country Level ◽  
The United Kingdom ◽  
New Public ◽  
Municipal Level ◽  
Innovation Outcomes

To induce innovation in the public sector, Directive 2014/24/EU encourages internal and external consultation during the procurement process. However, little is known regarding the prominence of these practices. Determining the extent of knowledge sourcing in innovation procurement across 28 European countries, this paper presents an institutional cluster analysis, examining heterogeneity across knowledge sourcing activities, procurement areas, and tender innovation outcomes for 1,505 public procurers from 2008-2010. Building upon existing taxonomies, three types of procuring agencies are identified: Large collaborative agencies practicing public procurement of innovation (31%); supplier-focused pre-commercial procurers (20%); and direct procurers at the municipal level (49%). Validation supports this heterogeneity, using innovation outcomes and policy drivers. At the country level, Spain, the United Kingdom, Italy, Germany and Poland are most represented in respective clusters. Findings enable predictions regarding impacts on agencies and innovation from the new public procurement directive's translation into national law by Member States.

scholarly journals Digital Transition and Waste Management in Architecture, Engineering, Construction, and Operations Industry

2020 ◽  
Vol 8 ◽  
Author(s):  
Laura Pellegrini ◽  
Stefano Campi ◽  
Mirko Locatelli ◽  
Giulia Pattini ◽  
Giuseppe Martino Di Giuda ◽  
...  
Keyword(s):  
Waste Management ◽  
Public Procurement ◽  
Point Of View ◽  
Engineering Construction ◽  
Environmentally Sustainable ◽  
The Public ◽  
Whole Process ◽  
Digital Transition ◽  
Building Information ◽  
Green Public Procurement

The research aims at analyzing the integration of Waste Management (WM) strategies and Information management in the construction procurement process. The application of Building information modelling (BIM) methodologies for a Most Economically Advantageous Tender could address the digital transition in order to adopt environmentally sustainable practices. Despite the wide regulation regarding waste minimization, an overview of which is provided, AECO is still one of the most polluting industrialized sector. Drivers and barriers to the method, and a literature review are provided: BIM approaches to enable WM practices have been analyzed from the designer and constructor’s point of view, but few studies investigated the role of the Client, in particular the Public Client. The goal of the study was to evaluate the efficiency of Most Economically Advantageous Tender and a BIM methodology to promote WM strategies during the tender phase. Design Built and Design Bid Built procurement models are tested through three case studies of Italian schools’ calls for proposals: the BIM model enabled to verify the bids in terms of WM strategies implementation. Blockchain and Smart contract future applications are also investigated in order to ensure transparency of the whole process. The Public Client could trigger a change in the construction sector regarding the integration of WM practices, as a central and active actor of the construction process, through the application of Green Public Procurement and BIM methodologies.

scholarly journals Information Modelling Management and Green Public Procurement for Waste Management and Environmental Renovation of Brownfields

2021 ◽  
Vol 13 (15) ◽  
pp. 8585
Author(s):  
Laura Pellegrini ◽  
Mirko Locatelli ◽  
Silvia Meschini ◽  
Giulia Pattini ◽  
Elena Seghezzi ◽  
...  
Keyword(s):  
Public Procurement ◽  
Point Of View ◽  
Construction And Demolition Waste ◽  
Demolition Waste ◽  
Sustainable Practices ◽  
Information Modelling ◽  
New School ◽  
Environmentally Sustainable ◽  
The Public ◽  
Green Public Procurement

Information Modelling and Management (IMM) methods for Most Economically Advantageous Tender (MEAT) can promote the adoption of environmentally sustainable practices. Despite the wide regulatory framework and existing drivers, Construction and Demolition Waste (CDW) trends are still growing. The literature review analyzed IMM and CDW management implementation during design phases although few studies focused on Green Public Procurement (GPP) and CDW management integration from the Public Client’s point of view. This research aims at investigating the integration and efficiency of MEAT and IMM to promote the application of sustainable strategies focused on waste reduction and resource valorization. The study investigates the Public Client’s role in promoting sustainable practices, introducing digital material inventory and BIM during the design phases, and including environmental award criteria in the call for tender documents. A Design Build (DB) procurement model was considered in the case study of a brownfield renovation and the construction of a new school in northern Italy. The methodology provided the Public Client and included a method to evaluate the environmental impact of the bids, allowing for proper selective demolition planning, CDW decrease, and organization while promoting their integration in companies’ expertise and procedures. The replicability of the methodology is demonstrated by positive results of present and previous case studies.

scholarly journals Standard of Care and Liability of Public Procurement Officials: Blessing or Curse?

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Allison Megan Anthony
Keyword(s):  
Public Procurement ◽  
Cost Effective ◽  
Standard Of Care ◽  
Case Law ◽  
Public Officials ◽  
The Public ◽  
New Public ◽  
Legislative Amendments ◽  
Unlawful Conduct ◽  
Do So

Section 217 of the Constitution provides that organs of state, when contracting for goods or services, should do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. Therefore, public procurement officials acting on behalf of such organs of state should act in terms of these principles. When their conduct falls foul of section 217, it may be declared unlawful by a court of law. In the recent past, there have been countless reports of unexplained corruption, theft and fraud committed by public officials, especially in the public procurement sector. Consequently, the legislature, by enacting legislation (specifically the new Public Audit Amendment Act 5 of 2018), and the judiciary, by imposing cost orders, have started holding public procurement officials personally liable for unlawful conduct. This article examines the latest developments in this area of law, including case law and recent legislative amendments, and asks the question whether the standard of care and liability of public procurement officials has increased because of these developments.

scholarly journals Transposition of the EU Public Procurement Directives 2014 in Austria

2018 ◽  
pp. 4-13
Author(s):  
Bernt Elsner ◽  
Ruth Bittner
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Legal Framework ◽  
National Parliaments ◽  
The Public ◽  
Service Contracts ◽  
New Public ◽  
Eu Directives ◽  
Historical Developments ◽  
The Eu

The EU public procurement directives 2014 further advance the European Commission’s ambitions to regulate most public procurement at the EU-wide level. The Directives already set out a fairly concrete legal framework for national parliaments regarding public procurement procedures for work, supply and service contracts above the EU-thresholds. The Austrian parliament decided to implement these directives mostly word for word, but at the same time tried to preserve most of the historical developments to the public procurement law that were specific to Austria. In addition to that, the Austrian legislature responded to recent ECJ case law that was established after the EU Directives were published. The new public procurement code creates legal certainty for both contracting authorities and contractors in several different aspects. However, the interpretation of some provisions will be subject to case law, especially regarding contractual cooperation between contracting authorities. Concerning contracts not fully regulated by the Directives – such as concessions as well as social and other specific services – the Austrian legislature opted not to regulate them further and leave some flexibility to the contracting authorities.

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