Search results

This article critically examines the policy objectives underlying Kenyaʼs public procurement system, as set out in the countryʼs Public Procurement and Disposal Act, 2005 (“the Procurement Act” or “the Act”). The drafters of the Act made subtle but significant deviations from the United Nations Commission on International Trade Law Model Law on Procurement of Goods, Construction and Services (“the Model Procurement Law”).2 Due to the deviations, there are many serious conflicts within the Act, and between the Act and other Kenyan laws. Accordingly, there is need for a comprehensive review of the Procurement Act.

Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

This paper aims to analyze Brazil’s legal and institutional arrangements for the design, implementation and accountability of public procurement for innovation (PPI) and to investigate how this apparatus has been adjusted, modified and even replaced to enable its use in innovation policies.

It is a descriptive analysis of the legal framework for PPI in Brazil supplemented with case reports of ongoing PPI contracts.

Despite the significant advances in the PPI legal framework in Brazil, this instrument’s implementation is still limited. A disconnection between PPI and innovation policy goals and legal-institutional constraints are reasonable answers to this problem.

Law is closely related to the design, implementation and control of public policy tools. However, there is still a tine understanding of how the legal framework can corroborate or constrain new mechanisms to state purchase power, such as PPI.

Public procurement is the most crucial tool of demand-side policies for innovation, and it is implemented according to the legal framework in each country. This paper adds to the law and innovation research agenda, providing an overview of the Brazilian PPI legal framework and how it is going so far.

Court decisions, based largely on principles of equal protection and non-discrimination, throw out laws with preferences for open source software, demonstrating that such laws are not only bad public policy, but may also be illegal, and that neutrality and choice in software procurement is the better approach.

In 2011, the World Bank announced its intention to conduct a holistic review and reform of its procurement framework. This reform was intended to ensure that its procurement system, which is the means through which the Bank disburses developmental loans and grants is in line with modern trends in procurement, is flexible enough to respond to unforeseen challenges and is coherent. This paper examines both how Bank procurement has evolved since the first formal regulations were issued in 1964 and the implications of the recent reforms for the Bank and its borrowers. Readers will see that ongoing reforms evidence a significant change for the Bank's approach to procurement and its relationship with its borrowers and will dramatically affect the way the Bank-funded procurements are conducted.

Public procurement is characterized as a distorted market which grants limited access to foreign suppliers and contractors. However, the different impediments existing within the public procurement policies and their relative significance in restricting effective international competition are not very well known. This paper, through the process of developing a model of Trade Restrictiveness Index, identifies weighs and scales 17 impediments existing within the public procurement policies. The paper also reveals that implicit restriction which emanates mainly from lack of transparency imposes a greater level of restriction in the market. In a final application of the model, comparison of the public procurement policies of selected Common Market for Eastern and Southern African (COMESA) countries, has shown that with a rated index of 1, the procurement policies of Kenya and Uganda are rated as most restrictive while Rwandaʼs is found to be least restrictive.

This study aims to focus on public policy concerning the implementation of public procurement policies in Nigeria and Ghana toward achieving value for money in the procurement of goods, services and works. It specifically analyzes some major administrative challenges Nigeria and Ghana are faced with in the administration/implementation of public procurement policies toward achieving value for money. It looks at the relationship between the state (regulatory authorities) and substate (procurement entities) in the public sectors of Nigeria and Ghana.

A comparative case study approach is adopted, where the two countries are compared in terms of achieving value for money. Data was collected from multiple sources, including in-depth interviews. The use of official documents and direct observations at the procurement regulatory authorities and entities’ premises.

This study found Nigeria often used the four Es – economy, efficiency, effectiveness and equity while Ghana mainly used the traditional five rights (right quantity, right quality, right price, right place and right time) as their criteria for ensuring value for money. The major administrative challenges found include corruption, low capacity of procurement personnel and poor knowledge of the procurement laws.

It recommends effective collaboration between government and civil society groups in the fight against corruption in procurement-related activities, with the implication that there is a need for periodic training for public procurement officials.

It adds to the field of public procurement in terms of value for money in the procurement of goods, services and works in developing countries context.

Because of the renewed interest in public purchasing and the strategic use of public funds under the requirements of sustainable development, the question arose once again as to how to curb the fall of institutional quality once criteria other than price are inserted into the decision-making in public purchasing. E-procurement has been repeatedly named as one of the most efficient tools to that effect and the present paper sets out to discover whether the implementation of e-procurement in a particular country per se entails also higher institutional quality, allowing for a wider implementation of green and sustainable procurement at the national, regional and municipal level without the fear of worsening the country’s institutional quality. By analyzing the implementation of e-procurement in Denmark, the Netherlands and in Portugal, this paper aims to verify the hypothesis that the implementation of e-procurement implies better institutions in terms of public purchasing. As such, the conclusions will be used in further research on the prerequisites for a successful implementation of green public procurement across the European Union.

Gathering data on institutional quality of three early e-procurement adopters (Denmark, the Netherlands and Portugal) allows for comparison of institutional quality pre- and post-e-procurement implementation. By using difference-in-differences comparison the paper seeks to answer the question how doesmandatory e-procurement influence institutional quality on the national level.

The paper finds that the reform is generally associated with a relatively stronger control of corruption in the Netherlands and Denmark, while a similar reform in Portugal failed to translate into a stronger control of corruption. Furthermore, while using the quality of regulation as a dependent variable, a positive and robust effect on the quality of regulation in Denmark was shown, while the quality of reputation in the Netherlands and Portugal declined in the post-reform period, with the drop in the quality of regulation in Portugal being considerably greater, a two-fold higher amount than the estimated drop in the Netherlands. The paper suggests that in spite of the same aims, the reform yielded substantially different or even opposing effects compared to Denmark.

By examining three examples of early adopters, further research with broader impact is needed to deduce general implications for e-procurement implementation. Furthermore, implementation of e-procurement at the regional or local level can also yield distinct results.

Understanding the actual impact of e-procurement on institutional quality is indispensable for further study on the matter. The present study argues that e-procurement needs to be accompanied by additional measures or variables to yield a positive impact on institutional quality in public procurement.

As to originality, the present paper uses a law and economics approach, originating or better said drawing motivation from green public procurement concerns, trying to provide an insight in terms of tools that can be used to eliminate concerns regarding institutional quality when implementing green public procurement practices.

To improve acquisition outcomes, in 1997 the District established the Office of Contracting and Procurement under the direction of a newly created chief procurement officer (CPO). Since then, the District's inspector general and auditor have identified improper contracting practices. This report examines whether the District's procurement system is based on procurement law and management and oversight practices that incorporate generally accepted key principles to protect against fraud, waste, and abuse. GAO's work is based on a review of generally accepted key principles identified by federal, state, and local procurement laws, regulations, and guidance. GAO also reviewed District audit reports and discussed issues with current and former District officials as well as select state and local officials.

The use of public procurement as a vehicle for implementing various socioeconomic preference policies has a long history. This article reviews the current state of affairs of procurement preference programs with regard to U.S. state and local governments and analyzes their impact on both the recipients and on the public procurement process. Opportunities for further research are noted, and the authors conclude that the ability to navigate the difficult waters of socioeconomic preferences should be a core competency of state and local public procurement officials.