Commercial expectations and cooperation in symbiotic contracts: An empirical and legal analysis

Modern complex contracts require cooperation, solid effective governance and a hard core of clear and workable terms and conditions to make them work. In this essay I explore exactly what cooperation and governance mean through the lens of a major global survey of contract practitioners. I discuss formal and informal elements of contract management because both matter. I find that contract managers show a marked reluctance to use punitive measures, but that value is seen in escalation, negotiation, communication, and professional governance. These require constructive engagement, that the parties talk, communicate, and work together to find the cause of the problem and agree solutions. I conclude that respondents are more interested in performance than in revenge, and that the key task is about making the contract work.

OPTIMIZATION OF WORKING TIME PROFESSIONALS IN THE FIELD OF PROCUREMENT OF GOODS, WORKS AND SERVICES FOR STATE AND MUNICIPAL NEEDS

The question of rationing the working time of a procurement specialist in the modern history of Russia is open. The share of purchases in the state segment of a huge amount of resources.127 ТРУД И СОЦИАЛЬНАЯ СФЕРА Development of regulations, recommendations for accounting and standardization of labor for specialists in the provision of services to optimize labor resources in the procurement sector. The article analyzes the costs of working time of procurement specialists, contract managers. It was revealed that the contractual system in the field of procurement is based on a significant number of labor functions. It has been established that labor standards depend on the level of training of procurement specialists. The main goal of a procurement specialist is the efficient use of funds allocated to meet state, municipal and corporate needs. The article calculates the composition of working time by cost elements. The structure of time expenditures of procurement specialists, contract managers by parameters is proposed: name of work; time spent, in minutes; concretization of work. In the course of the study, the time intervals of specific actions were recorded during the procurement procedures according to the following parameters: the indicator of the time spent by the respondent for one operation; number of respondents; average time for each position in one operation. Using the presented work flow chart of labor efficiency can vary the number of procedures and any other indicator of the work process. The conducted research will allow the managers of customers to balance the workforce and avoid negative consequences.

USING THE PERT METHOD IN CALCULATING LABOR COSTS AND RATIONING THE WORKING TIME OF CONTRACT SERVICE EMPLOYEES IN PROCUREMENT ACTIVITIES

Today, close attention is mainly paid to the aspects of placing an order, and the calculation of the effectiveness of procurement activities is based on a reduction in the contract price. At the same time, the optimization of the working time of contract service employees and the rationing of their labor are important areas of organizing an effective procurement system. The article presents the results of the calculation of labor costs for the organization of procurement activities and the implementation of accounting policies, based on the generalization of data from expert reports. Representatives of contract services, economists, lawyers, accountants, engineers, business managers, procurement specialists, contract managers were involved as experts. The obtained materials were used to build a network schedule for the process of work execution and delivery of goods using the PERT method. It is revealed that the main task of conducting effective procurement activities is to ensure uninterrupted and high-quality work of all employees of the organization. It is proved that the development of the customer's professionalism in the field of procurement is a key direction for improving the contract system. The conducted research will allow the managers of customers to balance their labor resources, improve procurement activities, avoid inappropriate spending of budget funds, and increase the efficiency of procurement.

O credenciamento como ferramenta de apoio na auditoria em saúde

Objetivos: identificar os principais problemas enfrentados pela auditoria em saúde e demostrar como o processo de credenciamento impacta diretamente na qualidade da assistência prestada. Método: revisão integrativa da literatura, realizada em duas bases de dados e uma biblioteca virtual, de acesso aberto, tendo como critério de inclusão: responder à questão norteadora. A amostra final foi composta de 14 artigos. Resultados: da síntese das evidências, emergiram oito categorias aos quais demonstraram a ausência dos seguintes critérios: anotações de enfermagem, definição de protocolos, avaliação da qualidade, satisfação do usuário, definição de materiais e medicamentos, adoção de pacotes e requisitos mínimos necessários a contratação. Conclusão: o serviço de auditoria desempenha papel vital na elaboração dos processos de credenciamento, sendo importante que os gestores de contratos e os auditores estejam interligados em prol de identificar os pontos fracos e dirimir as deficiências, buscando contribuir para que a organização atinja o máximo de sua eficiência.Palavras-chaves: Auditoria; Qualidade; Saúde; Eficiência. ABSTRACTObjectives: to identify the main problems faced by the health audit and to demonstrate how the accreditation process directly impacts the quality of care provided. Method: integrative literature review, carried out in two databases and a virtual library, open access, with the inclusion criterion: answering the guiding question. The final sample consisted of 14 articles. Results: from the synthesis of the evidence, eight categories emerged which demonstrated the absence of the following criteria: nursing notes, definition of protocols, quality assessment, user satisfaction, definition of materials and medicines, adoption of packages and minimum requirements necessary for contracting. Conclusion: the audit service plays a vital role in the elaboration of the accreditation processes, being important that the contract managers and the auditors are interconnected in order to identify the weaknesses and resolve the deficiencies, seeking to contribute to the organization reaches maximum efficiency. Keywords: Audit, Accreditation, Health, Efficiency.

An exposition of the Socio-Economic Impacts of Construction Site Accidents in Nigeria

Nigeria’s construction sector is a key to the development of national economy, especially its contribution to employment creation and value addition to the national gross domestic product. The mode of workforce recruitment, job retention and disengagement are largely informal with an attendant high rate of construction site accidents often resulting in injuries and fatalities to persons and properties. This study examines the social and economic effects of site accidents on Nigerian economy. Descriptive survey research was employed with structured questionnaire as research design and administered to twenty major construction companies operating within southern Nigeria. Interviews were also conducted with owners/directors, contract managers, construction project managers, health and safety officers, site managers, affected workers and families alike to validate study results. Data obtained from field survey were analyzed. The study revealed loss of company productivity, reduction in living standards as having the most economic impacts on construction companies and their affected workers/families respectively. Additionally, loss of customers’ confidence and loss of the family bread winner represents the highest social impacts on the construction companies and affected workers/ families. The study concludes that there is existence of low commitment towards workers’ health, safety and general wellbeing by Nigerian construction firms. The study therefore, recommends that government at all levels should enact and strictly enforce Construction Industry Health and Safety Laws, and sanction firms that contravene Health and Safety Regulations. Furthermore, construction firms irrespective of size should demonstrate visible leadership towards workers’ health and safety.

Understanding Construction Contractors’ Intention to Undertake Consummate Performance Behaviors in Construction Projects

Contractors’ consummate performance behavior (CPB) refers to that contractors perform within the spirit of the contract. This is important to improve project performance. However, few studies have investigated why contractors would undertake CPB. Drawing on the theory of planned behavior (TPB), this study aims to examine which factors influence the intention of CPB. To achieve this, a questionnaire survey was undertaken in China, with 195 valid questionnaires from project managers and contract managers being received. Data were analyzed through structural equation modeling and fuzzy set qualitative comparative analysis. The results show that the intention of CPB is mainly influenced by attitude toward benefit/cooperation/social value, subjective norm, and perceived behavioral control. Attitude toward social value has the greatest impact on the intention of CPB, whereas the subjective norm is least effective on the intention of CPB. In addition, three equifinal combinations result in the intention of CPB. Attitude toward cooperation and subjective norm are the core of the contractors’ intention of CPB. These two factors cannot be replaced by other factors.

As variáveis para uma gestão de contratos eficiente: o caso de uma empresa pública federal

is work aims to identify variables related to an efficient contract management leading a public company to reduce costs andto improve the quality of the services that are provided by contractors. An exploratory and qualitative researchwas made, inwhich the notes were collected by in-depth interviews with five regional contract managers from the public company that isthe object of the study. ese interviews were treated by content analysis, using the NVivo11 soware. e results showed theexistence of nine specific activity variables not yet referenced in literature, being the main ones the control of the duration ofcontracts, the compliance with the time limit for handling the process of preparation of addenda and the control of the regularityof the documentation of the process for issuance of an additive term. It is concluded that the contract management of PublicAdministration may lead to cost reduction with the hiring and with the execution of the contract with the contractor and also tothe improvement of the quality of service that is provided, through these three new variables.Keywords: Public management, Contract management, Cost reduction, Quality of services, Contracted companies.

Integrated project delivery as an enabler for collaboration: a Middle East perspective

Purpose This study investigates the extent to which the popular forms of contract adopted in the Middle East (ME) address collaboration. The purpose of this paper is to assess how collaboration features weaved into the construct of integrated project delivery (IPD) may impact projects in the ME. In this context, the study identifies features in IPD and existing delivery methods that may enable or inhibit collaboration and evaluates their impact on project success from the perspective of various contract managers in the ME. Design/methodology/approach The study employs structured face-to-face interviews with 41 construction industry practitioners in top contract management positions in the ME to evaluate the significance of collaboration features in IPD. Data collected from the structured interviews/surveys were analyzed using statistical tools in R and Excel. Findings Results reveal that while experts recognize the collaboration benefits which IPD features may contribute to a project, the current contractual environment of the industry does not optimally encompass these features. The current status of project delivery does not favor IPD implementation nor does it enable its collaborative features. Originality/value This study contributes to the growing international body of knowledge addressing the application of collaborative contracts in construction projects, and it is innovative in evaluating collaboration features within IPD and exiting project deliveries in the ME.

Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification

The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.