Legal Aspects Of Public Procurement

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Legal Aspects of Public Procurement

Author : Michael Flynn
Publisher : Routledge
ISBN 13 : 1000066924
Total Pages : 222 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Legal Aspects of Public Procurement by : Michael Flynn

Download or read book Legal Aspects of Public Procurement written by Michael Flynn and published by Routledge. This book was released on 2020-05-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.

Legal aspects of public procurement in India

Author : Vishnu S. Warrier
Publisher : Lex-Warrier Foundation
ISBN 13 : 8193655311
Total Pages : 47 pages
Book Rating : 4.1/5 (936 download)

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Book Synopsis Legal aspects of public procurement in India by : Vishnu S. Warrier

Download or read book Legal aspects of public procurement in India written by Vishnu S. Warrier and published by Lex-Warrier Foundation. This book was released on 2020-04-01 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government organizations procure a wide variety of goods and services and undertake execution of works in pursuance of their duties and responsibilities. Government procurement or public procurement is the procurement of goods, services and construction on behalf of a public authority. It is necessary because governments cannot produce all the inputs for the goods they provide themselves. Thus, the Government has the right to enter into contract with anybody, though he may not be the highest bidder. Public interest is the prime consideration in the matter of the tender invited by the State and it should see that, it gets the best price for the works entrusted by it to private individuals. On the same time, Article 14 of the Indian Constitution prohibits the State from arbitrarily choosing a contractor at its will and pleasure. It has to act reasonably, fairly and in public interest in awarding procurement contracts. At the same time, no person can claim a fundamental right to carryon business with Government. This book is intended to both managers and the managed, about the law that apply directly to them, and to help the public agency staffs and interested observers to better understand the nature of existing legal influences on the public procurement in India.

Shaping EU Public Procurement Law

Author : Albert Sanchez-Graells
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350143X
Total Pages : 514 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Shaping EU Public Procurement Law by : Albert Sanchez-Graells

Download or read book Shaping EU Public Procurement Law written by Albert Sanchez-Graells and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.

Legal Aspects of Purchasing and Supply Chain Management

Author : Ian Longdin
Publisher : Liverpool Academic Press
ISBN 13 : 9781903499511
Total Pages : 340 pages
Book Rating : 4.4/5 (995 download)

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Book Synopsis Legal Aspects of Purchasing and Supply Chain Management by : Ian Longdin

Download or read book Legal Aspects of Purchasing and Supply Chain Management written by Ian Longdin and published by Liverpool Academic Press. This book was released on 2009 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: All purchasing activities take place within a context of legal regulation, a context that has been taking on increasing importance in recent years. This book provide a clear and concise account of the underlying legal principles which affect the purchasing function. A new component of the third edition is an additional appendix which contains recent cases involving procurement law issues. These are kept separate from the main body of the book and are not essential for purposes of revising for the Legal Aspects exam. However, they do provide useful examples of how the courts have been interpreting the law in relation to a wide range of procurement activities in the recent past. These include the EU public procurement rules, contract formation, assessment of claimable damages, limitations of liability, the Transfer of Undertakings (Protection of Employment) Regulations, the Freedom of Information Act, and the Late Payment of Commercial Debts (Interest) Act.

Public Procurement Fundamentals

Author : Naushad Khan
Publisher : Emerald Group Publishing
ISBN 13 : 178754608X
Total Pages : 147 pages
Book Rating : 4.7/5 (875 download)

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Book Synopsis Public Procurement Fundamentals by : Naushad Khan

Download or read book Public Procurement Fundamentals written by Naushad Khan and published by Emerald Group Publishing. This book was released on 2018-02-05 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a step-by-step manual of public procurement for government officials, researchers, and students.

The Legal Aspects of Public Purchasing

Author : Kirk W. Buffington
Publisher :
ISBN 13 : 9781932315011
Total Pages : 197 pages
Book Rating : 4.3/5 (15 download)

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Book Synopsis The Legal Aspects of Public Purchasing by : Kirk W. Buffington

Download or read book The Legal Aspects of Public Purchasing written by Kirk W. Buffington and published by . This book was released on 2007 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Handbook of Public Procurement

Author : Khi V. Thai
Publisher : Routledge
ISBN 13 : 1351562398
Total Pages : 840 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Handbook of Public Procurement by : Khi V. Thai

Download or read book International Handbook of Public Procurement written by Khi V. Thai and published by Routledge. This book was released on 2017-09-25 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Applied Law and Economics of Public Procurement

Author : Gustavo Piga
Publisher : Routledge
ISBN 13 : 1136217762
Total Pages : 331 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis The Applied Law and Economics of Public Procurement by : Gustavo Piga

Download or read book The Applied Law and Economics of Public Procurement written by Gustavo Piga and published by Routledge. This book was released on 2013-05-07 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

Developing and Managing Requests for Proposals in the Public Sector

Author : Theresa Bauccio-Teschlog
Publisher : Routledge
ISBN 13 : 1000092577
Total Pages : 194 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Developing and Managing Requests for Proposals in the Public Sector by : Theresa Bauccio-Teschlog

Download or read book Developing and Managing Requests for Proposals in the Public Sector written by Theresa Bauccio-Teschlog and published by Routledge. This book was released on 2020-07-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mastering RFP solicitations is a critical skill required of every public procurement professional. Designed to provide a strategic overview of the skills and traits necessary to fulfill the procurement function, Developing and Managing Requests for Proposals in the Public Sector explores the complex and ever-changing process of competitive negotiations, providing hands-on guidance for practitioners to successfully achieve the best value for both their entity and the taxpayer. While rules, ordinances, policies, practices, and procedures vary among jurisdictions, the book breaks down the basic steps involved in the competitive negotiation process, providing best practice guidance for public procurement professionals to help them navigate the formidable and exacting process successfully, fairly, and with transparency. This book is required reading for every public procurement professional and will be recommended reading for all public procurement courses as well as concentration and certificate programs.

Cartels, Competition and Public Procurement

Author : Stefan Weishaar
Publisher : Edward Elgar Publishing
ISBN 13 : 0857936751
Total Pages : 343 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Cartels, Competition and Public Procurement by : Stefan Weishaar

Download or read book Cartels, Competition and Public Procurement written by Stefan Weishaar and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.

Public Procurement Law Review

Author : Adrian Brown
Publisher :
ISBN 13 : 9780414043992
Total Pages : 0 pages
Book Rating : 4.0/5 (439 download)

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Book Synopsis Public Procurement Law Review by : Adrian Brown

Download or read book Public Procurement Law Review written by Adrian Brown and published by . This book was released on 2010-11-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Procurement Law Review

EU Public Procurement Law

Author : Christopher Bovis
Publisher : Edward Elgar Publishing
ISBN 13 : 0857938428
Total Pages : 545 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis EU Public Procurement Law by : Christopher Bovis

Download or read book EU Public Procurement Law written by Christopher Bovis and published by Edward Elgar Publishing. This book was released on 2012 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

Fighting Corruption in Public Procurement

Author : Sope Williams-Elegbe
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250158
Total Pages : 241 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Fighting Corruption in Public Procurement by : Sope Williams-Elegbe

Download or read book Fighting Corruption in Public Procurement written by Sope Williams-Elegbe and published by Bloomsbury Publishing. This book was released on 2012-11-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law and Economics of Framework Agreements

Author : Gian Luigi Albano
Publisher : Cambridge University Press
ISBN 13 : 1107077966
Total Pages : 357 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Law and Economics of Framework Agreements by : Gian Luigi Albano

Download or read book The Law and Economics of Framework Agreements written by Gian Luigi Albano and published by Cambridge University Press. This book was released on 2016-04-28 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the increasing demand for a logical understanding of how framework agreement should be used and implemented.

Public Procurement Law--An International Overview

Author : Legalink
Publisher : West
ISBN 13 : 9780314601131
Total Pages : 266 pages
Book Rating : 4.6/5 (11 download)

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Book Synopsis Public Procurement Law--An International Overview by : Legalink

Download or read book Public Procurement Law--An International Overview written by Legalink and published by West. This book was released on 2011-01-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sustainable Public Procurement under EU Law

Author : Beate Sjåfjell
Publisher : Cambridge University Press
ISBN 13 : 1316453898
Total Pages : 432 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Sustainable Public Procurement under EU Law by : Beate Sjåfjell

Download or read book Sustainable Public Procurement under EU Law written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-12-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life cycle costing (LCC), eco- and fairtrade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance, and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume moves on to identify major unresolved issues in the use of sustainability considerations, and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies, and specifically for small- and medium-sized enterprises (SMEs).

Public Procurement’s Place in the World

Author : G. Piga
Publisher : Springer
ISBN 13 : 1137430648
Total Pages : 301 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Public Procurement’s Place in the World by : G. Piga

Download or read book Public Procurement’s Place in the World written by G. Piga and published by Springer. This book was released on 2014-08-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses different issues related to green innovation procurement as well as exploring the challenges involved in public procurement. It offers a broad array of perspectives, addressing both general, abstract problems of optimal public procurement and concrete cases of national or even local public procurement systems.