scholarly journals THE ANALYSIS OF THE CONTRACTS AWARDED ON THE BASIS OF A SINGLE TENDER IN THE PUBLIC PROCUREMENT IN ROMANIA

2019 ◽  
Vol 4 (2) ◽  
pp. 102-111
Author(s):  
Ionel Preda
Keyword(s):  
European Union ◽  
Public Procurement ◽  
The Public ◽  
Advantages And Disadvantages ◽  
High Level ◽  
Stimulation Of

The analysis of the contracts awarded on the basis of a single tender in public procurement is necessary to be performed for studying the degree of openness of a market and for identifying a number of deficiencies such as reduced competition, high level of bureaucracy, reduced stimulation of the small and medium entreprises participation at the procurement procedures or non-splitting into lots the object of the procurement. The article describes the existing specialised literature, the advantages and disadvantages of receiving only one tender situation in Romania and European Union during the period 2015 – 2017, in correlation with the statistics regarding the weight of conracts awarded to small and medium entreprises and the weight of procurement procedures divided into lots. Also, the article longer poses a number of issues concerning the approach of contracts contracts based on only one offer as an indication of fraud or corruption or the conclusion of anticompetitive agreements.

Researching the public procurement system: An analysis of winning organizations

2020 ◽  
Vol 16 (5) ◽  
pp. 860-884
Author(s):  
V.G. Kogdenko ◽  
A.A. Sanzharov
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Debt Capital ◽  
Scientific Principles ◽  
General Scientific ◽  
Marketing Information ◽  
High Level ◽  
Return On Sales ◽  
Procurement System ◽  
Social Components

Subject. The article deals with the analysis of suppliers in the public procurement system based on reasonable prequalification parameters. Objectives. The aim is to test the hypothesis about strong reputation characteristics of the winners in the public procurement system and develop a methodology for assessing the reputation of suppliers for prequalification purposes. Methods. We employ general scientific principles and methods of research, like abstraction, generalization of approaches used by domestic and foreign authors for prequalification and assessment of reputation of public procurement participants. Results. To test the hypothesis, we calculated four groups of indicators on corporate, financial, market, and social components of reputation. The methodology was tested on the data obtained from SPARK-Interfax and SPARK-Marketing information resources. Conclusions. The study revealed that not all reputational characteristics of public procurement winners can be regarded as high level. In terms of the corporate component, it is the low level of share capital, indicating the mistrust on the part of owners and their reluctance to invest in the business, and the low percentage of non-current assets. In terms of the market component, it is a low sales growth rate, as well as low return on sales. As to the financial component, it is a low capitalization of winners, low share of long-term debt capital and low credit limit. With respect to the social component, it is a below-average tax burden.

scholarly journals El carácter jurisdiccional de los tribunales de resolución de conflictos contractuales conforme a la jurisprudencia comunitaria

2018 ◽  
pp. 529
Author(s):  
Jacinto J. Marabel
Keyword(s):  
European Union ◽  
Public Procurement ◽  
The European Union ◽  
Crucial Importance ◽  
Autonomous Communities ◽  
The Public ◽  
Free Competition ◽  
Court Of Justice ◽  
European Policies ◽  
Impacto Económico

Durante muchos años, la Unión Europea exigió al Reino de España articular una serie de medidas tendentes a garantizar los procedimientos de recurso en materia de adjudicación de contratos públicos. La materia tiene una importancia crucial en las políticas europeas y su impacto económico llega a alcanzar la quinta parte del PIB del conjunto de los Estados miembros. Por esta razón, se hizo necesaria la creación de órganos independientes con competencia en la resolución de este tipo de conflictos que velaran por el principio de libre concurrencia. El Tribunal de Justicia de la Unión Europea considera que la naturaleza y funciones de tipo de órganos, que a partir del Tribunal Central de Recursos Contractuales se han extendido a gran parte de las Comunidades Autónomas, son asimilables a las de los órganos jurisdiccionales.For many years, the European Union demanded the Kingdom of Spain to articulate a series of measures to ensure the review procedures in the field of public procurement. The matter is of crucial importance in European policies and their economic impact can reach a fifth of the GDP of all the Member States. For this reason, the creation of independent bodies with competence in the resolution of such conflicts that shall ensure the principle of free competition was necessary. The Court of Justice of the European Union considered that the nature and functions of type of organs, which starting from the Public Procurement Review Central Administrative Court have been extended to much of the Autonomous Communities, are similar to the justice courts.

scholarly journals Assessing the Public Administration’s Intention in EU Economic Law: Chasing Ghosts or Dressing Windows?

2016 ◽  
Vol 18 ◽  
pp. 93-121
Author(s):  
Albert SANCHEZ-GRAELLS
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Economic Law ◽  
Right To Good Administration ◽  
State Liability

AbstractHere I reflect on the role of subjective or intentional elements in EU economic law prohibitions, particularly in relation to rules concerning public administration. From a normative perspective, it is desirable to suppress the need for an assessment of subjective intent and to proceed with an objectified enforcement of such prohibitions. With this in view, I consider public procurement and Member State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction – sometimes veiled – of subjective elements in their main prohibitions. I establish parallels with other areas of EU economic law – such as antitrust, non-discrimination law and the common agricultural policy – and seek benchmarks to support the main thesis that such intentional elements need to be ‘objectified’, so that EU economic law can be enforced against the public administration to an adequate standard of legal certainty. This mirrors the development of the doctrine of abuse of EU law, where a similar ‘objectification’ in the assessment of subjective elements has taken place.I draw on the case law of the Court of Justice of the European Union to support such ‘objectification’ and highlight how the Court has been engaging in such interpretative strategy for some time. The paper explores the interplay between this approach and more general protections against behaviour of the public administration in breach of EU law: the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union and the doctrine of State liability for infringement of EU law. I conclude with the normative recommendation that the main prohibitions of EU economic law should be free from subjective elements focused on the intention of the public administration.

scholarly journals Public procurement in Ukraine: analysis of advantages and disadvantages

2021 ◽  
pp. 56-60
Author(s):  
O.A. Lahovska ◽  
S.F. Lehenchuk ◽  
S.V. Svirko
Keyword(s):  
Sustainable Development ◽  
Narrow Range ◽  
Public Procurement ◽  
The State ◽  
Government Agencies ◽  
State Budget ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Complex Process ◽  
Procurement System

Public procurement is a complex process. With the help of public procurement, governments and government agencies purchase products, services, work, creating expenditures of the state budget and taxpayers. The purpose of implementing the e-procurement system was to reduce these costs and overcome the corruption component in this area. However, there are still many issues related to the inefficiency of certain components of this system. It is determined that domestic scientists identify a narrow range of benefits of the public procurement system, which is reduced to overcoming corruption and saving budget funds. The domestic scientists identify a narrow range of benefits from the use of public procurement. This is overcoming corruption and saving budget funds. In contrast, the foreign scientists see the public procurement system as an effective tool for sustainable development, innovation. The article analyzes the shortcomings and weaknesses of public procurement at each stage of their implementation, which allows identifying the main areas of improvement of the public procurement system, and summarizes the main advantages.

scholarly journals El Tribunal de Recursos contractuales de las Cortes Generales

2012 ◽  
Author(s):  
Luis De la Peña Rodríguez
Keyword(s):  
European Union ◽  
Public Procurement ◽  
General Council ◽  
Constitutional Court ◽  
Central State ◽  
The Public ◽  
State Administration ◽  
Spanish Legislation

<p align="justify">El trabajo analiza el Tribunal de Recursos Contractuales de las Cortes Generales, creado en ejecución de las previsiones de la Ley 34/2010, de 5 de agosto. Este órgano surge como consecuencia de la necesidad de adaptar la legislación española a la normativa de la Unión Europea. España se dota, a nivel de la Administración General del Estado, del Tribunal Administrativo Central de Recursos Contractuales, en cumplimiento de la Ley mencionada. Este órgano abarca dentro de sus competencias a órganos constitucionales como son el Consejo General del Poder Judicial o el Tribunal Constitucional, así como al Tribunal de Cuentas. Por tanto, el ámbito de las Cortes Generales queda incluido dentro de la jurisdicción del mencionado Tribunal que da título a este artículo. El presente trabajo examina la regulación del Tribunal de Recursos Contractuales de las Cortes Generales, centrándose en la Resolución de 21 de diciembre de 2010, aprobada por las Mesas del Congreso de los Diputados y del Senado, donde se precisan aspectos importantes del mencionado órgano, en punto a sus competencias, la composición y el funcionamiento. Finalmente, también se hace referencia a la utilización de este recurso hasta la fecha dentro del Parlamento español.</p> <p align="justify"><b>This article analyses the Public Procurement Court of the Spanish Parliament, established in compliance with the provisions of Law 34/2010, of 5 August. This body emerged from the need to adapt Spanish legislation to European Union regulations. At Central State Administration level, Spain has established the Public Procurement Review Central Administrative Court, in compliance with the above-mentioned law. This body’s jurisdiction covers constitutional bodies like the General Council of the Judiciary, the Constitutional Court and the Court of Auditors. Therefore, the sphere of the Spanish parliament falls within the jurisdiction of the court whose name is the title of this article. As mentioned above, the regulation of the Public Procurement Court of the Spanish Parliament is analysed, focusing on the Resolution of 21 December 2010, approved by the General Committees of the Congress of Deputies and the Senate, which specifies important aspects of the above-mentioned body with regard to its jurisdiction, composition and functioning. Lastly, reference is also made to the utilisation of this recourse thus far within the Spanish parliament.</p>

scholarly journals Experience of public procurement under COVID 19

2021 ◽  
pp. 33-36
Author(s):  
Irina Holtsova ◽  
Yana Tsimbalenko
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Well Being ◽  
European Countries ◽  
Critical Conditions ◽  
The European Union ◽  
The Public ◽  
Global Pandemic ◽  
Societal Challenge ◽  
Procurement System

2020 has become a global societal challenge for the whole world. The global pandemic, caused by COVID 19 has become threatening to the well-being of society and its sustainable development in virtually all spheres of human activity. The sphere of public procurement is not an exception not only in Ukraine, but also in European countries. The new conditions of social reality set such conditions for the implementation of public procurement, for which the world was not ready, but they required the necessary and urgent transformations. The article examines the experience of Ukraine and the European Union in the formation of public procurement and its operation under COVID 19 and strict quarantine restrictions. The Ukrainian economy was largely unprepared for the new social realities, but it was the sphere of public procurement, the development of which occured in the last 5 years, that surprised with its functional and regulatory security. The author draws attention to the peculiarities of the implementation of the system of electronic public procurement, their gradual formation and transformation. The analysis and qualitative differences of the new system of public procurement, which allowed to ensure the necessary transparency and publicity of the state order in the medical sphere, are given. A comparison of the Ukrainian system of functioning of public procurement and European transformations in this sphere is given. Because the experience of European countries in the difficult transition phase of the society of the pandemic era is very important for the countries of the post-Soviet space, as the countries of the European Union are in many respects the example to follow for such countries. The author cites the key features of the transformation and improvement of the public procurement system in accordance with the critical conditions of society

scholarly journals Progres of the Public Procurement System in Albania and in the European Union

2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Public Works ◽  
The European Union ◽  
The Public ◽  
Public Contracts ◽  
Procurement Procedure ◽  
Proper Estimation ◽  
Procurement System

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

Centralization and decentralization of public procurement

2019 ◽  
Vol 16 (3) ◽  
pp. 262-276
Author(s):  
Karem Sayed Aboelazm ◽  
Attia Afandy
Keyword(s):  
Public Procurement ◽  
Ecological Factors ◽  
Government Procurement ◽  
Comparative Approach ◽  
Case Study Methodology ◽  
Content Type ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Legal Frameworks ◽  
Procurement System

Purpose The purpose of this paper is to present and analyze the different concepts of centralized and decentralized procurement methods; identify the advantages and disadvantages of each method and the two methods of public procurement applied in the Arab Republic of Egypt in an attempt to overcome the disadvantages of the Egyptian system; and introduce a new framework for government procurement in Egypt. Design/methodology/approach The descriptive approach was used in the framework of the presentation and analysis of the concepts of centralized public procurement and decentralized public procurement. The comparative approach was used for presenting some of the experiences of countries in using public procurement methods. The legal approach was also used in the analysis of the legal frameworks governing the public procurement methods in the Arab Republic of Egypt. In addition, the case study methodology was used to study the role of the General Authority for Governmental Services in Egypt in the centralized public procurement processes. Findings This paper attempts to find the ideal method of public procurement in general and what is the method to be followed in the Egyptian case through the data presented and analysis of the Egyptian public procurement system. Research limitations/implications This paper attempts to present a model or a theory on how to determine the public procurement methods that should be used in a given country and give sufficient flexibility for the conformity between the two methods upon application depending on the ecological factors of each country. Practical implications This paper contributes to the development of the public procurement method in the Arab Republic of Egypt by showing the gap between the use of the centralized approach and the decentralized approach at all levels and providing solutions to bridge this gap. Social implications This paper provides implications to reduce corruption, increase transparency and give the opportunity to the largest number of private shareholders to participate in public procurement. Originality/value Although there is some literature on centralized and decentralized public procurement, there is a lack or scarcity of research and academic articles on this subject (Patrucco et al., 2017). This paper attempted to do so by filling this gap in this area of research.

scholarly journals Small and Medium-Sized Enterprises on the Public

Equilibrium ◽  
2011 ◽  
Vol 6 (2) ◽  
pp. 23-46 ◽  
Author(s):  
Janusz Kornecki
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Basic Research ◽  
Market Potential ◽  
The European Union ◽  
The Public ◽  
Public Resources ◽  
Economic Vitality ◽  
The Eu

Small and medium-sized enterprises are believed to be a key driving force of economic vitality, innovation and new job creation. For a few years the European Union has been monitoring SME performance and the quality of public procurement procedures to make access of SMEs to the public procurement market easier and provide for their greater participation in this market. These activities have their origin in the assumption that having in mind the size of the public procurement market and public resources involved, suitable shaping of this area may improve effectiveness of selected policies at the EU level and in particular member countries. The directives concerning public procurement should ensure opening the market of public procurement for all enterprises irrespectively of their size. Recently the public procurement market in Poland has been continuously growing which doubtlessly resulted from Poland’s accession to the European Union. The aim of this paper is to give evidence of SME position on the public procurement market and to attempt to answer two basic research questions. Firstly, is the market potential fully used as far as applying for awarding public contracts by SMEs is concerned? And secondly, what are the main obstacles determining the access of SMEs to the public procurement market? This is done by reference to available statistical data and two studies that were carried out by the author.

scholarly journals USE OF "THE LOWEST PRICE" AWARD CRITERION IN THE PUBLIC PROCUREMENT IN ROMANIA

2019 ◽  
Vol 9 (3) ◽  
pp. 34-46
Author(s):  
Ionel PREDA ◽  
◽  
Cezar-Petre SIMION ◽  
Keyword(s):  
Public Procurement ◽  
European Level ◽  
Social Efficiency ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Price Award ◽  
Procurement System

Taking into account the very large sums being spent through the Romanian public procurement system (approximately 8% of the GDP), analysing the award criteria used in the procurement procedures is an important element that influences the achievement of the economic and social efficiency of procurement. The article describes the criteria for public procurement award in Romania, focusing on the most used criterion, namely the lowest price. It also presents the advantages and disadvantages of using this criterion, statistical situations at national and European level, the difficulties encountered in using this criterion by contracting authorities and the vulnerabilities of tenderers participating in the procurement procedures which use for the award the criterion under consideration.

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