Legal Aspects Of Public Procurement


Legal Aspects Of Public Procurement
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Legal Aspects Of Public Procurement


Legal Aspects Of Public Procurement
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Author : Michael Flynn
language : en
Publisher: Routledge
Release Date : 2020-05-17

Legal Aspects Of Public Procurement written by Michael Flynn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-17 with Law categories.


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


Legal Aspects Of Public Procurement In India
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Author : Vishnu S. Warrier
language : en
Publisher: Lex-Warrier Foundation
Release Date : 2020-04-01

Legal Aspects Of Public Procurement In India written by Vishnu S. Warrier and has been published by Lex-Warrier Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-01 with Law categories.


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.



The Legal Aspects Of Public Purchasing


The Legal Aspects Of Public Purchasing
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Author : Kirk W. Buffington
language : en
Publisher:
Release Date : 2007

The Legal Aspects Of Public Purchasing written by Kirk W. Buffington and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Government purchasing categories.




Legal Aspects Of Purchasing And Supply Chain Management


Legal Aspects Of Purchasing And Supply Chain Management
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Author : Ian Longdin
language : en
Publisher: Liverpool Academic Press
Release Date : 2009

Legal Aspects Of Purchasing And Supply Chain Management written by Ian Longdin and has been published by Liverpool Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business logistics categories.


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.



Shaping Eu Public Procurement Law


Shaping Eu Public Procurement Law
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Author : Albert Sanchez-Graells
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-09-14

Shaping Eu Public Procurement Law written by Albert Sanchez-Graells and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.


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.



International Handbook Of Public Procurement


International Handbook Of Public Procurement
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Author : Khi V. Thai
language : en
Publisher: Routledge
Release Date : 2017-09-25

International Handbook Of Public Procurement written by Khi V. Thai and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-25 with Political Science categories.


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.



Eu Public Contract Law


Eu Public Contract Law
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Author : Roberto Caranta
language : en
Publisher: Primento
Release Date : 2013-12-13

Eu Public Contract Law written by Roberto Caranta and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-13 with Law categories.


This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.



Regulation Public Procurement National And International Perspectives


Regulation Public Procurement National And International Perspectives
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Author : Sue Arrowsmith
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-04-17

Regulation Public Procurement National And International Perspectives written by Sue Arrowsmith and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-17 with Business & Economics categories.


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.



The Applied Law And Economics Of Public Procurement


The Applied Law And Economics Of Public Procurement
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Author : Gustavo Piga
language : en
Publisher: Routledge
Release Date : 2013-05-07

The Applied Law And Economics Of Public Procurement written by Gustavo Piga and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-07 with Business & Economics categories.


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.



Public Procurement Regulation In A Crisis


Public Procurement Regulation In A Crisis
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Author : Sue Arrowsmith
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-11-04

Public Procurement Regulation In A Crisis written by Sue Arrowsmith and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-04 with Law categories.


This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.