A Handbook On Discretion In Public Procurement
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Author | : Despoina Kotsi |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 386 |
Release | : 2020-05-19 |
Genre | : Law |
ISBN | : 1527552020 |
This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.
Author | : Steven Kelman |
Publisher | : A E I Press |
Total Pages | : 232 |
Release | : 1990 |
Genre | : Business & Economics |
ISBN | : |
Using federal procurement of computer systems, the author shows the effects of practices designed to prevent collusion between vendors and officials.
Author | : Sanja Bogojevic |
Publisher | : Bloomsbury Publishing |
Total Pages | : 303 |
Release | : 2019-05-30 |
Genre | : Law |
ISBN | : 150991949X |
The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
Author | : Khi V. Thai |
Publisher | : Routledge |
Total Pages | : 840 |
Release | : 2017-09-25 |
Genre | : Political Science |
ISBN | : 1351562398 |
Since the 1990s, government at all levels is under increasing pressure to do more with less. However, despite the U.S. government spending about 15 to 20 percent of its GDP on contracts for goods and services, there is a paucity of reference books for public procurement officials and very few textbooks for courses on the subject. Filling this void, the International Handbook of Public Procurement provides the knowledge necessary to understand how procurement works and how to improve the cost-effectiveness of procurement systems. Taking a multidisciplinary approach, the book focuses on the managerial, economic, political, and legal aspects of this topic. It begins with a conceptual framework and highlights various reforms occurring in certain countries. By examining these improvements, readers are able to apply this knowledge to their own strategies. The next section presents selected cases that illustrate the public procurement process, examining systems in various nations including Germany, China, South Africa, Cambodia, Uganda, and Estonia. The book also discusses the rise of electronic procurement systems (E-procurement) and reviews the benefits of these efficient systems. Other topics presented in this comprehensive volume include practical discussions on contract negotiations, bidding, price strategies and cost analysis, and an insightful chapter on the market’s response to contract award announcements. A virtual encyclopedia from numerous international experts, this book was assembled by Khi V. Thai, Professor at Florida Atlantic University and Editor of the Journal of Public Procurement. Dr. Thai has provided technical assistance in the area of public procurement to governments across the world. Empowering those on all sides of the issue, this volume dispenses advice valuable to government officials and contractors, as well as providing a comprehensive text for public administration students.
Author | : |
Publisher | : |
Total Pages | : 320 |
Release | : 2019 |
Genre | : |
ISBN | : 9781509919512 |
"The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts - particularly Directive 2014/24/EU - focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU."--Bloomsbury Publishing.
Author | : Rodrigo Carril |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : |
ISBN | : |
Author | : Christopher Bright |
Publisher | : |
Total Pages | : 0 |
Release | : 1994 |
Genre | : Government purchasing |
ISBN | : |
Author | : Sue Arrowsmith |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 890 |
Release | : 2000-04-17 |
Genre | : Business & Economics |
ISBN | : 9041106367 |
Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.
Author | : Sope Williams-Elegbe |
Publisher | : Bloomsbury Publishing |
Total Pages | : 241 |
Release | : 2012-11-06 |
Genre | : Law |
ISBN | : 1782250158 |
Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.
Author | : Jolien Grandia |
Publisher | : Springer Nature |
Total Pages | : 166 |
Release | : 2023-06-15 |
Genre | : Business & Economics |
ISBN | : 3031184904 |
This upper-level open access textbook uses an interdisciplinary perspective to discuss the ‘what and why’ of public procurement, providing insight into the ‘how’ of contemporary procurement in the public sector. The authors use theories and exemplary practices to show the next generation of public procurement professionals how public value can be created via the acquisition of works, supplies, or services by organizations operating in the public domain. Perfectly tailored to university students in public administration, law, economics, or management and those in executive education, the book first describes and explains the public procurement process, the concept of public value, the legal context of procurement and how the procurement function is organized in public organizations. The book subsequently explains how a procurement policy can be developed and translated into a procurement strategy, how tenders can be organized, suppliers selected, and contracts designed and evaluated. A final discussion chapter addresses the changes and developments in public procurement and how public procurement is moving forward. The reader of this innovative and accessible book will therefore not only learn what public procurement entails, but also how they can become a professional change agent in the field of public procurement. Forward-thinking and comprehensive, this book offers ideal reading for anyone interested in public procurement.