Ökologische Aspekte im öffentlich-rechtlichen Beschaffungswesen

2021 ◽  
Author(s):  
Felix Steengrafe
Keyword(s):  
International Law ◽  
Public Procurement ◽  
German Law ◽  
Government Procurement ◽  
Environmental Concerns ◽  
European Law ◽  
Environmental Criteria ◽  
The Government ◽  
Model Law ◽  
The Government Procurement

The awarding of public contracts is of considerable economic importance and for this reason can be used to promote environmental concerns. The present work examines whether environmental criteria may be taken into account in the context of public procurement. To answer this question, the Government Procurement Agreement and the UNICTRAL Model Law on Public Procurement are considered at the level of international law. In European law, the primary as well as the relevant secondary law requirements and, in German law, the Cartel and Budget Procurement Law are assessed. This analysis also includes the interactions between the three levels.

Reforming The Laws On Public Procurement In The Developing World: The Example Of Kenya

2005 ◽  
Vol 54 (3) ◽  
pp. 621-650
Author(s):  
Victor Mosoti
Keyword(s):  
Public Procurement ◽  
International Agreements ◽  
Government Procurement ◽  
The Other ◽  
Practical Application ◽  
Ministry Of Health ◽  
Procurement Process ◽  
The Government ◽  
Model Law ◽  
The Government Procurement

Kenya is one of the countries that are currently in the process of preparing a new law on government procurement as part of the anti-corruption efforts of a new democratically elected government which came into power in December 2002. Whereas it may be too early to judge the commitment of the new government to meaningful and consistent anti-corruption initiatives, one may already discern either a definite unwillingness to move forward with serious reforms or an implicit acquiescence towards corrupt practices, particularly in the government procurement process. In this paper, we shall examine Kenya's government procurement laws, and their practical application. We focus on two recent examples of the procurement process, one by a government ministry and the other by a parastatal body. The first example of application we shall look at is the controversy over the procurement of HIV-Aids testing equipment by the Ministry of Health, and the second is the procurement of cranes by the Kenya Ports Authority. We shall end with a brief examination of the proposed Public Procurement and Disposal Bill (2003)l which is currently before the Kenyan parliament and how it may revolutionalize the government procurement process in Kenya. This Bill has already received the approval of the Cabinet of Ministers and is due for the second reading in Parliament.2 Despite the Government having stated its commitment to have the bill enacted, the bill has not been passed yet.3 In the last substantive part of the paper, we assess the relevant international agreements and standards such as the UNCITRAL Model Law on Public Procurement and the WTO's Agreement on Government Procurement, and also highlight the regional procurement law.

scholarly journals Government procurement clause in EVFTA and implications for Vietnam

2020 ◽  
Vol 4 (4) ◽  
pp. 1104-1114
Author(s):  
Hoang Tien Nguyen ◽  
Vuong Hoang Do
Keyword(s):  
Public Procurement ◽  
Secondary Data ◽  
Government Procurement ◽  
Public Expenditures ◽  
International Integration ◽  
International Telecommunication Union ◽  
International Telecommunication ◽  
National Budget ◽  
The Government ◽  
The Government Procurement

EVFTA is one of the newest endeavors of Vietnam regarding the international integration process, which is anticipated to be beneficial for Vietnam in many aspects across industries. The government procurement sector does not stay out of this influence. This article mainly aims to explore the government procurement sector of Vietnam, the performance of the government regarding managing this market and how it will be affected and reformed by EVFTA. More importantly, by examining the significant factors that may have an impact on the EVFTA's implementation from Vietnam's perspective, the article attempts to assess the compatibility of the current situation of Vietnam with the fundamental conditions to conduct public procurement regulations of EVFTA efficiently. The article collects, summarizes, and analyzes the secondary data from trustworthy sources like the Vietnam General Statistics Office, the ranking table of the International Telecommunication Union, the official annual report of state departments of Vietnam, and other documents like journal articles, research papers,etc. Another methodology employed in the research is the in-depth interviews with professional experts who have been working for several years in the international integration field. the article discovers that Vietnam is capable of implementing EVFTA's chapter 9 efficiently but with more careful preparation. The article also points out that despite of having a strong mindset of globalization, Vietnam's public expenditures are still loosely covered by laws, which leads to irrational allocation on national budget. A number of implications are suggested to localize the EVFTA's regulations and recommendations are made to apply modern technologies to improve the procurement system, especially on the capacity of government on managing the government procurement sector. The authors hope to help state authorities to have a broader look and improve the sector as well as embrace the opportunities from EVFTA regarding government procurement sector.

scholarly journals White paper: How to procure e-mobility solutions

2021 ◽  
Author(s):  
Pedro José Bueso Guillén
Keyword(s):  
Public Procurement ◽  
Road Transport ◽  
White Paper ◽  
Government Procurement ◽  
Playing Field ◽  
Environmental Criteria ◽  
Low Emission ◽  
The Government

This White Paper provides a step-by-step approach on how to procure e-mobility solutions. Chapter 1 covers the implementation of a so-called innovation procurement. Chapter 2 covers all relevant aspects that are related to the Government Procurement Agreement (GPA) of the World Trade Organization with a link to the most relevant aspects of EU Trade Agreements that enhance the competitiveness of European companies. The chapter also presents an overview of the most recent and relevant EU initiatives to maintain a level playing field in public procurement within and across the boundaries of the EU Internal Market. Chapter 3 covers the possibilities to include social and environmental criteria within government procurements. Chapter 4 concludes on the findings of the e-Mobility paper and provides the reader with useful practices and tools to follow up on the procurement of e-mobility solutions. For the context of this White Paper, e-mobility solutions are transport solutions which are based on heavy duty vehicles with a zero-emission tailpipe pollution, which are a category under article 4 (5) of the Directive 2009/33/EC of 23 April 2009 on the promotion of clean road transport vehicles in support of low-emission mobility amended by Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019

HARMONISING PUBLIC PROCUREMENT IN THE SADC

2014 ◽  
Vol 1 (1) ◽  
pp. 90-109
Author(s):  
Stephen De la Harpe
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Public Procurement ◽  
Developed Countries ◽  
Government Procurement ◽  
Substantial Part ◽  
Private Industry ◽  
Regional Competition ◽  
Model Law ◽  
Opening Up

The promotion of international trade is seen as one of the important instruments to ensure development in developing nations and regions. The history of the World Trade Organisation (WTO) and the drafting of many regional and similar international trade agreements are evidence of this. The Southern African Development Community (SADC) is no exception.1 It is therefore strange that many states that are members of the WTO and actively encourage the opening up of international borders to free trade do not include public procurement2 in such free trade arrangements. This is particularly evident in developing states. If the WTO Government Procurement Agreement (GPA), which is a plurilateral agreement, is considered it is clear that many states do not wish to open their internal markets to competition in the public procurement sphere. It is therefore not surprising that public procurement has been described as the last rampart of state protectionism (Ky, 2012). Public procurement is an important segment of trade in any country (Arrowsmith & Davies, 1998). It is estimated that public procurement represents between 10% and 15% of the gross domestic product (GDP) of developed countries and up to 25% of GDP in developing states (Wittig, 1999). Unfortunately, governments often expect private industry to open up national markets for international competition but do not lead the way. Except for the limited use of pooled procurement,3 no specific provision is at present made for the harmonisation and integration of public procurement in the SADC. In view of the proximity of the member states, the interdependency of their economies and the benefits that can be derived from opening up their boundaries to regional competition in public procurement, the possibility of harmonisation and deeper integration in this sphere needs to be given more attention. The importance of public procurement in international trade and regional integration is twofold: first, it forms a substantial part of trade with the related economic and developmental implications; secondly, it is used by governments as an instrument to address socio-economic issues. Public procurement spending is also important because of its potential influence on human rights, including aspects such as the alleviation of poverty, the achievement of acceptable labour standards and environmental goals, and similar issues (McCrudden, 1999). In this article the need to harmonise public procurement in the SADC in order to open up public procurement to regional competition, some of the obstacles preventing this, and possible solutions are discussed. Reference is made to international instruments such as the United Nations Commission on International Trade Law (UNCITRAL), the Model Law on Public Procurement and the GPA. In particular, the progress made in the Common Market for Eastern and Southern Africa (COMESA) with regard to the harmonisation of public procurement, which was based on the Model Law, will be used to suggest possible solutions to the problem of harmonising public procurement in the SADC.

Study on the Problems and Countermeasures of Circular Economy Development of China's Coal Industry

2014 ◽  
Vol 1010-1012 ◽  
pp. 2080-2085
Author(s):  
Hao Liu ◽  
Xin Ling Wang
Keyword(s):  
Technological Innovation ◽  
Circular Economy ◽  
Coal Industry ◽  
Government Procurement ◽  
Protective Effects ◽  
Corporate Tax ◽  
Procurement Policy ◽  
Budget Policy ◽  
The Government ◽  
The Government Procurement

At present, the circular economy of China's coal industry achieved remarkable results, but there are many problems: extensive coal mining and utilization, corporate tax burden heavier, lack of funds of the circular economy development, the policies of the circular economy development absence. The main reasons for these problems are: lack of funds of circular economy development of coal industry, lack of professionals of circular economy development of coal industry, lack of technical support of circular economy development of coal industry, absence and not in place of policy of circular economy development of coal industry, industry and local protective effects of restricting the development of circular economy, industry regulations and standards are not perfect. To solve these problems, China should improve Industrial policy, vigorously promote technological innovation of the coal industry, should improve the tax policy, the investment budget policy and the government procurement policy.

The Planning and Execution of Taiwan’s Largest Combined Cycle Plant

2004 ◽  
Author(s):  
S. J. Huang ◽  
C. C. Kuo ◽  
H. W. Kwan
Keyword(s):  
Government Procurement ◽  
Combined Cycle ◽  
Fair Competition ◽  
Power Company ◽  
Combined Cycle Plant ◽  
The Government ◽  
New Generation ◽  
The Government Procurement ◽  
Similar Growth ◽  
Made In

Taiwan’s continuous economic growth in the past 50 years has spurred a similar growth in electricity demand. Historically the reserve margin has been less than 20 percent, although new generation is introduced every year. In the planning for new plants, consideration must be given to the location, choice of fuel, environmental impact and in a democratic society, their public acceptance. Based on projected growth demand, a decision was made in 1996 to build a 4,000 MW gas fired combined cycle power plant at the Dah Tarn location. The project has offered many opportunities to international equipment suppliers and local contractors. As a government entity, Taiwan Power Company follows the Government Procurement Law in procurement of equipment and services which is designed for open and fair competition and protection of the interests of the Owner. The uniqueness of the site and its surroundings, and the division of work between participants has presented some design and engineering problems that need to be overcome in the execution of this plant.

Sign in / Sign up

Export Citation Format

Share Document