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Publicprocurement spending accounted for an average of 30% of total public spending across the region [1] and as much as 74% of that spending is wasted due to inefficiencies [2] , according to data from FISLAC , an analytics platform developed by the IDB’s Fiscal Management Division (FMM). What is Smart PublicProcurement?
The European Court of Auditors published yesterday its report on EU publicprocurement between 2011 and 2021 , looking into the competition for public contracts covered by EU rules. The problem is how to go forward from here but the time to start thinking is now. Its deadline was 18 April 2019.
In this article, I will focus on minor deviations and the circumstances under which a minor deviation may be declared during bid evaluation. The article is based on my personal professional experience and regulations or guidelines from several procurement entities in the public and project settings.
Jean Tirole published an article recently based on a keynote speech to the EU DG Comp conference from late last year on the implications of expanding the remit of public agencies such as central banks and competition authorities. In his paper Tirole raises three main problems relevant for publicprocurement.
Introduction This article is based on the review of standard bidding documents from several organizations including the World Bank , Millennium Challenge Corporation , the PublicProcurement and Concession Commission of the Republic of Liberia , and PublicProcurement Authority of Ghana.
As mentioned on yesterday's blogpost, one of the doubts I had on my mind was on the legality of the transposition of Article 72 of Directive 2014/24/EU into Portugal in its current draft of Article 370 of the Public Contracts Code. Finally, Article 370(4) also departs from the final condition of Article 72(b).
The abstract is as follows: EU Member States are increasingly experimenting with Artificial Intelligence (AI), but the acquisition and deployment of AI by the public sector is currently largely unregulated. This puts publicprocurement in the awkward position of a regulatory gatekeeper—a role it cannot effectively carry out.
This is a textbook example of artificially narrowing down competition as established by Article 18(1) of the Directive 2014/24/EU. This is a protectionist measure of the type I have been warning about for ten years how sustainability was going to be weaponised as a protectionist move. The second is more puzzling. What is a growing season?
Publicprocurement constitutes the purchasing activities of governmental entities. If you are unfamiliar with the government's global transparency in procurement approach, our background article, " Transparency in Global PublicProcurement ", provides an orientation.
In his article “ The Future of Public Infrastructure is Digital “, Bill Gates envisions a world where infrastructure is smarter, more efficient, and digitally integrated. However, one critical element often overlooked in these discussions is publicprocurement.
Throughout the evolution of project and publicprocurement management, terms and expressions in the field have increasingly been used interchangeably. However, while some of these terms are often labeled as procurement methods, they should be more accurately categorized as solicitation tools.
1] The Court of Justice of the European Union (further: CJEU) ruled in this case that Member States are able to set additional requirements under national legislation beyond those laid down in Article 20(1) Directive 2014/24/EU with respect to economic operators that may compete for reserved contracts.
Through the official letter MH-DCoP-OF-0458-2023 of the PublicProcurement Directorate of the Ministry of Finance, an interpretation has been made of Article 44 of the Regulations to the new PublicProcurement Law regarding the obligation of the Administration to conduc t market research.
As these common “green procurement” strategies are adopted by governments around the world, the UN Commission on International Trade Law (UNCITRAL) model law on publicprocurement , last revised in 2011, could be updated to facilitate implementation. Contractor ¶ 60 (Thomson Reuters, 2024).
Photo credit: Cogitato This was a contribution to a special edition of the University of Nottingham’s PublicProcurement Law Review on defense procurement in light of the war in Ukraine. The manuscript version of the article is available here on the Social Science Research Network (SSRN).
Publicprocurement of AI between opportunities and risks Introduction In the past year, the growth in hype around AI and machine learning has been considerable. for law enforcement and essential public services), or not used at all (e.g. transparency for image manipulation), or substantial requirements (e.g.
When the government purchases goods and services from private businesses, the process is known as publicprocurement. Publicprocurement matters because it boosts growth, investment, and jobs. In short, publicprocurement allows local businesses to serve their communities and taxpayers well.
“Gentlemen, there’s only two ways I know of to make money: bundling and unbundling.” - Marc Andreesen Over the last decade I have become increasingly concerned with the move to bolt on ever more objectives to be pursued by publicprocurement, from the compliance requirements of exclusion grounds to 'strategic' objectives.
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s publicprocurement. And two-thirds of public spending is conducted through an opaque quasi-governmental sector. Publicprocurement is a huge field for the work of NGOs.
Implementing Article 80, paragraph 4 of the Legislative Decree no. 50 of April 18, 2016 (“Italian PublicProcurement Code”), the Decree defines limits and operating terms of “serious tax violations that have not been definitively sanctioned”, suitable to determine the exclusion of the economic operator from participation in public tenders.
Thanks to a small grant from Schmidt Futures , we had the opportunity to experiment with applying artificial intelligence technologies to green publicprocurement. The goal is to increase the understanding of AI in publicprocurement – by discussing the key decisions we had to make about our approach.
Public authorities wishing to procure such products should do so in accordance with article 23 of the publicprocurement directive (Directive 2004/18/EC) for Eco-products and in accordance with article 26 for Fair Trade products. According to Advocate General Kokott they are.
In conducting research for this article, I found many definitions of ‘Ethics’. This article articulates the other side of reporting unethical behaviour. The publicprocurement world is relatively small, and it seems everyone knows everyone, so reputations are important especially if you are just starting out in the profession.
Article 346 TFEU provides that the Treaties do not preclude Member States to trade and procure war material for the protection of the essential interests of its security. At issue in case C-615/10 Ins Tiimi is the procurement of the Finnish defense authorities of tiltable turntable equipment.
Introduction Many of us begin working as newly appointed publicprocurement practitioners with no idea of what to do or where to start. Over the years, I’ve come to the conclusion that to quickly achieve proficiency in publicprocurement management, there are seven things you need to do.
In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in publicprocurement procedures. 1) (‘the Financial Regulation’). 1) (‘the Financial Regulation’).
Professor Andrea Sundstrand – Stockholm University Please feel free to join this interesting presentation on EU defense procurement and the decisions of the European Court of Justice.
A long road to implementation The journey to the Acts implementation started over 5 years ago with the Green Paper on Transforming PublicProcurement in December 2020. The Procurement Bill was introduced in the House of Lords in May 2022, receiving Royal Assent on 26 October 2023.
Tendering for public contracts in Norway: In this article you will find an overview of everything you, as a supplier, should keep in mind if you are going to submit a complaint to the Norwegian PublicProcurement Complaints Board (KOFA).
Professor Kim previously visited George Washington University Law School as a Visiting Scholar, and he is a long-time friend of and fellow researcher with GW Law’s Government Procurement Law Program. The team’s visit is part of a broader initiative in South Korea to expand foreign aid.
How the School of Applied Research in PublicProcurement trained community leaders to dig into government contracting issues in Kazakhstan, Tajikistan and Uzbekistan. The first phase, Introductory Course on PublicProcurement, took place online from October to December 2021.
256), has been adopted the “Regulation containing the procedures for digitizing publicprocurement procedures pursuant to Article 44 of legislative decree of 18 April 2016, no. L'articolo Digitalization of public tenders: e-procurement Regulation proviene da PwC TLS Blog. 50” (“Regulation”).
Sustainable government procurement is the process of acquiring goods and services that meet the government entity’s needs while minimizing environmental and social impacts. Publicprocurement is key to this endeavor because public institutions and state enterprises must procure vast amounts of goods, services, and works to do their jobs.
For the most part the sheltered workshop claim is a red herring since the contract was not reserved as per Article 38 of Directive 2014/25/EU, nor was it a condition of performance since there were marks available to be obtained by economic operators. And in the best case, a better one." Two are relevant for the case at hand.
Businesses must understand the key differences between the public and private procurement methods, regulations, and goals when c onsidering tender opportunities in either sector. This article, which compares public and private procurement, gives suppliers the confidence to move in both markets.
In this post as part of our series exploring the impact of AI on publicprocurement , we’ll outline our approach and lessons learned. But the EU’s procurement notices use the Common Procurement Vocabulary (CPV), not these product groups, so we had to match the product groups to CPV codes (see our spreadsheet ).
Can public authorities procure fair trade products, or are they debarred from specifically referring to the fair trade qualities of those products under the publicprocurement directive (directive 2004/18/EC)? Accordingly, the lawfulness of such a requirement must be examined in the light of the aforesaid Article 26.
But since its inception more than 50 years ago, supplier diversity programs have spread beyond publicprocurements and now many privately held U.S. But, there was one article that I clearly recall reading and it stuck with me. . Government, which has been sponsoring diversity programs since 1969 on government contracts.
This article explores practical approaches to streamline public sector procurement processes and focuses on increasing participation from Small and Medium-sized Enterprises (SMEs). The suggestions apply to all segments of competitive bidding, including the SME segments of Supplier Diversity, Indigenous and Social Procurement.
Introduction: In the realm of Canadian public sector procurement, understanding the fundamental principles of contract law is essential for ensuring fair, transparent, and effective practices. This article delves into the core concepts of Canadian contract law and examines their practical applications within the context of procurement.
Author : Graham Allen Procurement planning is foundational to preparing and issuing a successful solicitation. The following article outlines the solicitation process and while not all steps have equal weight all steps should be considered.
VIGIA is a unique initiative that allows entrepreneurs to easily find publicprocurement business opportunities in Paraguay, as well as provide real-time high-quality feedback about irregularities. The platform was co-developed by OCP and the business community together with the government. And how could we reach those entrepreneurs?
This article offers the perspective of an Owner’s Representative with training and experience in Public Sector Procurement, Risk, and Project Management. PublicProcurement in Canada Certified procurement professionals play a pivotal role in the publicprocurement world.
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