Public Policies for Procurement under COVID19

Public procurement is a main issue in the frontline of Governments fighting COVID 19 pandemic as the need for additional and urgent acquisitions as well as the need to consolidate the supply chains and to promote sustainable and innovative procurement have been a source of deep changes and main challenges disturbing public markets and invalidating several assumptions of the traditional public contracting. In this paper, the development of appropriate public policies to cope with these challenges is studied following the approach suggested by several authors and including four stages: a Stage on Facts and Issues where the main challenges and conditions are studied, the Options Stage to describe which polices and procedures can be adopted, a Values Stage stating the main values to be pursued and, finally, a Policies Stage including the selection of the recommended policies. The analysis of the challenges and facts includes the study of a taxonomy of short and longer term needs and the available options are based on the comparative study of procedures ruled by the European Directives on Public Procurement approved on 2014. The major values to be respected include the principle of competition which is a major institutional principle of the European Treaty and of the Directives as well as the goal of promoting sustainable and innovative public procurement. Several indicators are suggested to describe the application of the public procurement policies adopted across EU and their comparative analysis is presented using the TED data for contracts concerning COVID 19. The case of Portugal is discussed and final remarks about the recommended public policies are also included herein.

Principle of Conservation of the Administrative Act and Revocation of Public Procurement in a City in Perú

Aims: The preservation of the act as a principle must be verified objectively through a review of the errors considered non-transcendental. The objective of this research is to determine the perception of officials on the application of the Principle of conservation of the administrative act and the ex officio nullity of the contracts entered into by the La Libertad Regional Government. Methodology: An approach quantitative, descriptive, explanatory was applied. The techniques applied were the interview, observation, documentary analysis and test on a sample of 60 workers linked to the functions of the public contracting process. Results: The results showed an irregular application of the principle of conservation of the administrative act and a resolution of procurements on a regular basis. The perception of the La Libertad Regional Government officials was negative, because not all the valid elements were found to preserve an administrative act. Conclusion: Deficiency was observed in the principle of the presumption of veracity, validity of the requirements to preserve the administrative act, non-existence of the judicial object and content, deficiency in the fulfillment of those prevented by law, deficiency in the fulfillment of the impediments provided for in the Law Contracting and violation of the regulations that.

Corruption and the Network Structure of Public Contracting Markets across Government Change

Corruption is thought to affect developed economies to a greater degree than developing countries. However, given our limited capacity to detect corruption, it may simply be harder to detect it in countries with stronger institutions. This article sets out to address this measurement challenge and to offer a tailored approach to one particular type of corruption: high-level corruption in government contracting. We describe a recently developed method to score procurement contracts for corruption risk. Then, using micro-level data from Hungary and the Czech Republic we analyze how corruption can distort public procurement markets, mapped as networks of buyers and suppliers. Proxying for corruption using a composite index of red flags derived from contract awards, we find that public sector buyers with high corruption risk have sparser network neighborhoods, meaning that they contract with fewer suppliers than expected. We interpret our results as evidence that corruption in procurement markets is fundamentally about the exclusion of non-favored firms. Political change has a significant effect on corrupt relationships: High corruption risk buyers with sparse neighborhoods rewire their contracting relationships roughly 20–40% more extensively than other buyers across years with government turnover. The article demonstrates how the political organization of corruption distorts market competition in OECD countries.

What Influences Adoption of Green Award Criteria in a Public Contract? An Empirical Analysis of 2018 European Public Procurement Contract Award Notices

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.

From state planning to public contracting: a necessary option for susteinable development

This article is about analyzing the state dynamics that goes from planning, through the public budget, to materialize with public procurement. Its focus is to find, in each of these institutes linked to the economic and financial order, its point of intersection with sustainable development, defended in the present work as one of the fundamental principles of the Republic, through the intertwining of arts. 1º, 3º, 170 and 225 of the Constitution. From this, it sheds some light on what is called sustainable public procurement, calling attention to the state purchasing power, which, because of the large volume of resources it moves, can be an important tool to induce and influence the market to a more sustainable behavior. Thus, recognizing the socio-environmental crisis suffered by the planet, it is intended to articulate forces to develop a culture oriented to reconcile the dimensions of sustainability, especially its economic, social and environmental aspects. Thus, adopting a qualitative research methodology of bibliographic review, it was concluded that, from planning to hiring, the State necessarily needs to opt for sustainable development, under penalty of aggravation of the socio-environmental crisis or even make the effort in sustainable public procurement mere initiatives in the field of public administration.

Discricionariedade nas contratações públicas: Uma análise das alterações da Lei Geral de Licitações e Contratos

<p>RESUMO: A Lei 8.666/93, que trata do regime geral de contratações públicas, já sofreu diversas alterações desde a sua promulgação, sendo que diversas dessas alterações impactaram a discricionariedade administrativa no campo das contratações públicas. O presente trabalho identifica as principais alterações realizadas na Lei 8.666/93 que tenham impactado a discricionariedade da Administração no procedimento de contratação e descreve em que medida tais alterações ampliaram ou reduziram a discricionariedade administrativa nas contratações públicas. Além disso, o trabalho também classifica as alterações conforme tenham sido orientadas pelo eixo da eficiência ou pelo eixo do interesse social. Ao final, demonstra-se que nos últimos anos prevaleceram alterações que ampliaram a discricionariedade administrativa nas contratações públicas e que tais alterações foram orientadas principalmente pelo eixo do interesse social.</p><p>PALAVRAS-CHAVES: Contratações públicas; Licitações públicas; Discricionariedade; Lei 8.666/93; Lei Geral de Licitações e Contratos.</p><p> </p><p> </p><p>ABSTRACT: The Law 8.666/93, which deals with the general system of public contracting, has already undergone several changes since its enactment, and several of these changes have impacted administrative discretion in the field of public contracting. This paper identifies the main changes made to Law 8.666/93 that have impacted the Administration's discretion in the hiring process and describes the extent to which such changes have broadened or reduced administrative discretion in public contracting. In addition, the work also classifies the changes as they have been driven by the efficiency axis or by the social interest axis. In the end, it is shown that in recent year, changes that have increased administrative discretion in public contracting have prevailed, and that these changes have been driven mainly by the social interest axis.</p><p>PALAVRAS-CHAVES: Public Contracting; Public procurement; Discretion; Law 8.666/93; General Law on Procurement and Contracts.</p>

Onde esbarra a legitimação das compras públicas sustentáveis: uma análise da percepção de agentes de contratações públicas sobre as compras sustentáveis

The state has its purchasing power evidenced. Therefore, by using it strategically, it can influence the market, creating a demand for sustainable goods and services, through the inclusion of sustainable criteria in their purchasing and contracting process. On the other hand, the purchasing process has the action of public contracting agents as decisive element for the application of this process. Thus, it is relevant to know the perception of the agents on the subject, in view of possible obstacles to its implementation, even though the process is legitimized by State regulations. Therefore, the objective of this study was to analyze the perception of public contracting agents regarding sustainable public procurements and their application, by adopting a descriptive character with quantitative approach. The data were collected during the 2nd International Summit on Sustainable Public Contracting, held in Brasília, DF. The sample consisted of 77 public servants. The analysis used descriptive statistics and cluster analysis. The results indicate the possibility of inefficient training and qualification of the agents, as well as the recognition by the agents that the cultural factor is the main obstacle for the application of sustainable public procurements.