Public Procurement

Ao abordar a promoção de políticas públicas nos procedimentos de contratação pública, é comum que o foco recaia em aspectos relacionados ao objeto do contrato. Por consequência, um elemento relevante é comumente esquecido: a duração do contrato a celebrar. Quão mais longo o contrato, maior o risco de vincular a Administração a políticas que se tornem ineficientes supervenientemente. Mais, a longevidade do contrato adiciona incerteza no cálculo dos ganhos sociais e do impacto ambiental, tornando mais imprecisa a avaliação da decisão de comprar. Palavras-chave: contratos públicos; duração do contrato; políticas ambientais; políticas sociais.

The reform of public procurement regime in Kenya started in the late 1990s. By 2001, we had the first ever formal regulation of public procurement when the Exchequer and Audit (Public Procurement) Regulations 2001 were gazetted. In 2005, the Public Procurement and Disposal Act was enacted by Parliament with subsidiary legislation following in 2006. Upon the promulgation of the new Constitution in 2010, the law had to be overhauled, though the changes were minimal. The Public Procurement and Asset Disposal Act 2015 seeks to make public procurement responsive to the dictates of the new Constitution by embedding principles that would ensure value for money and to meet other domestic objectives of the regulations. The Act therefore implements the requirements of Article 227 of the Constitution of Kenya 2010.

This plan is to set up a cosmetic shop in the name of " Briox Cosmetics Enterprise ", which will be located in Easy View Arcade Garage street Mbarara. The cosmetic shop will be a sole proprietorship owned by Akampurira Brian. I will use startup capital of 52,380,000 Uganda shillings. UGX 34,380,000 will be owners’ equity and the remaining UGX 18,000,000 will be a bank loan which will be secured from centenary bank at 10% interest rate.
The key personnel at the cosmetic Enterprise will include Senior manager, buying inputs and overall supervisory work, operations and production staff, sales and marketing staff, skin therapy and hairdressing staff, record keeping and accounting, stock control and direct selling staff
The key objective of the cosmetic shop will be to provide fresh quality cosmetics to our clients to enable them improve their general skin beauty, to obtain maximum customer satisfaction through continued quality production, to obtain continuous production and supply of our products to the customers, to create customer loyalty to our products such that they become well pronounced in the customer minds.
To achieve our objective, the cosmetic shop will employ strategies such as: Offering quality,  body skin lotions, oils and herbal cosmetics that help fight the skin diseases made from fresh fruit and vegetable which are nutritious through  adequate research and proper mixture of the lotions, oils and herbal ointments to meet the standard skin contents and characteristics of customers in the market through advertisement by use of sign posts, direct selling and radio stations, offering special incentive to our regular clients, offering our cosmetics at relatively lower prices for market penetration, creating a conducive environment for our clients, employing people who understand the meaning of customer care and meaning of quality by giving them samples for use as a way of expanding our markets especially among the young children, youth and women. All this encompasses our strategies that include, communication strategy, supplier relationship strategy, marketing strategy, competitive strategy and human resource strategy.
The vision of the cosmetic shop will be ‘To be the leading suppliers of quality, fresh and health skin booting cosmetics product’


Our mission will be, dedicated at improving the skin health and body look and appearance of our client. "We seek to become the recognized leader in our targeted local and international market for carrying a diverse line of in demand cosmetics including perfumes, makeup, and other accessories that will have a competitive edge towards customer satisfaction and retention at attractive prices.
Our major customers will be corporate employees, students, market vendors, tourists and retailers who will be consuming a range of our products including; Perfumes 1st class, Lemon body lotion, Hair relaxer cream, Avocadoes body cream smoother and Hair glow.
Our forms/ ways of distribution will include, through Retailers, distributors and wholesalers who will buy and sell in bulk to our final customers which we cannot sell to directly we shall also sell directly to the customers because we have a high customer traffic at our main outlet in Mbarara. We shall as well be using a van that will be leased to distribute to our customers who order in large quantities.
In terms of our legal responsibilities, the following taxes apply to our business, sales tax, employees’ income tax, national social security fund and Mbarara Municipal Council Tax and other licenses like trading license, and Uganda National Bureau of Standards license. We shall as well need to the insurance for our business and also carry out other social responsibilities like corporate social responsibility, being environmentally friendly, and ensuring cleanliness of Mbarara town.
Our products are costed and priced after comparison with our major competitor’s prices and costing information acquired through market research. We have as well carried out cash flow estimates to ensure that our business does not run out of cash.
Our startup capital has been allocated to what we intend to start our business with that is renting building for two months, buying machines for mixing the inputs, Machines, leasing van, buying furniture and fittings, massage equipment, cloths and uniforms and other necessary things to start with including the employee salaries for the first two months. 
This plan will be effective on 1st January 2018 and that is when my business will begin in Mbarara Easy View Arcade.

4735 sayılı Kamu İhale Sözleşmeleri Kanunu'nda sözleşmenin feshedilmesinin koşulları ve sonuçları hem yüklenici hem de idare bakımından ayrı ayrı ele alınarak açıklanmıştır. Ancak yüklenicinin sözleşmeyi feshetmesi konusundaki düzenlemenin, yüklenicilere işlem ve süreç bakımından ilave yük getirdiği buna rağmen herhangi bir avantaj da sağlamadığı görülmektedir. Diğer taraftan 6098 sayılı Türk Borçlar Kanunu hükümleri uyarınca yüklenicinin sözleşmeyi haklı bir nedene dayanarak feshetmesi de mümkündür. Bu durumda da ilk aşamada yüklenicinin, teminatın gelir kaydedilmesi veya kamu ihalelerine katılmaktan yasaklama gibi yaptırımlarla karşılaşması kaçınılmazdır. Ancak yargılama süreci akabinde elde edilecek sonuçlarla birlikte ele alındığında bu olasılığın, gerek sürecin daha hızlı ilerleyecek olması gerekse sağlayacağı avantajlar bakımından nispeten yüklenici lehine olacağı değerlendirilmektedir.

Il lavoro tratta della possibilità per gli operatori economici di ri-correre a misure riparatorie c.d. di self-cleaning e della possibilità al contempo per le stazioni appaltanti di utilizzare blacklists, liste di potenziali concorrenti da escludere automaticamente dalle procedure. Dopo una sintetica ricostruzione del vasto sistema dei motivi di esclusione dalle procedure di aggiudicazione previsti dal diritto europeo ed implementati dalla legislazione nazionale, ci si sofferma sulle misure di self-cleaning così come ricostruite dalla recente senten-za n. 158 del 9 gennaio 2020 della Quinta Sezione del Consiglio di Stato, e come recepite dalle legislazioni di alcuni Stati membri che hanno adottato soluzioni diverse dal Legislatore italiano (es. Unghe-ria, Malta, Estonia), specie con riferimento al profilo critico della valutazione discrezionale delle condotte ed alla possibilità di inserire operatori economici in blacklists. In conclusione, dall'analisi compa-rata e dalla ricostruzione dei principi espressi in subiecta materia dalla Corte di Giustizia dell'Unione Europea, si rassegnano soluzioni de iure condendo per una migliore gestione procedimentale e processuale dei motivi di esclusione, delle misure di self-cleaning e delle blacklists.

We show how a price analysis of stable relations between customer and supplier in the public procurement of homogeneous goods can help differentiate opportunistic from honest behaviour among economic agents. We consider two types of stable relations: repeated procurements and connections based on the state ownership of suppliers. On the basis of a large dataset on the procurement of granulated sugar in Russia from 2011 to 2013, we find that for private suppliers, prices of repeated contracts were lower compared to one-time deals when procured through more transparent procedures and higher when procured through non-transparent procedures. For non-transparent procedures, we observe significant overpricing of contracts with state-owned suppliers compared to private suppliers, especially in the case of repeated contracts, whereas for competitive e-auctions, there is only a small difference between the contract prices of state-owned suppliers and private suppliers.

Рамочные соглашения широко используются в мировой закупочной практике, как в государственном, так и в частном секторе. Данная форма закупки достаточно распространена и в разных странах она имеет разные названия. Так в Европе это
“Framework Agreement”, в практике Канады – “Supply arrangement”, в Австралии – “Panel arrangement”, в США – “Indefinite delivery/Indefinite quantity”, в общей практике
также могут называться «Umbrella contracts» (зонтичные контракты).
Масштабы применения рамочных контрактов впечатляют, так, например, в США в 2003 г. рамочные соглашения составляли 30% федеральных контрактов, объем закупок с помощью рамочных соглашений увеличился с $4 млрд в 1995 г. до $35
млрд в 2006 г., в Великобритании объемы закупок по рамочных соглашениям составили 800 млн фунтов стерлингов в 2001-2002 г. и более 2 млрд фунтов стерлингов в 2005-2006 г. [4; 7]
Что такое рамочные контракты, как их применять, какие выгоды и опасности есть при применении данного способа закупок – об этом данная статья

Better understanding of how public works are procured through policy, regulation and upon acquisition is increasingly important. This knowledge can shape how architects can effectively impact wider architectural culture through improving quality, social values and advice to clients, while more successfully obtaining such commissions. In the UK the application of these regulations, which cascades multiple impacts from RIBA Stage 0 through subsequent work stages and extends into the private sector, is in urgent need of reform. Architects need to improve their knowledge of procurement to ensure a more sustainable built environment is achievable and also need to engage in advising clients and industry better to effect the necessary changes in procurement, to deliver more appropriate, simpler, robust, accessible and innovative procurement. Reform has been long overdue but is now an absolute necessity.

The purpose of the study was to investigate the effect of procurement process on tertiary institutions in Ghana. The objectives of the study include examining the effect of procurement planning on procurement performance of public tertiary universities, assessing the effect of procurement controlling on procurement performance of public tertiary universities and ascertaining the effect of procurement monitoring on procurement performance of public tertiary universities. A casual research design and cross-sectional data were collected from employees of various tertiary institutions in Ghana to answer the questions the study wanted to address. The data was collected from the respondents was entered into SPSS. The SPSS output was then used to run the regression output as well as the descriptive statistics for data analysis. The results were then presented using tables. The study finds that procurement planning, procurement control and procurement monitoring has a positive and significant effect on the procurement performance of the tertiary institutions used for the study. The study recommends that steps are taken to train the members of staff of all public institutions on the relevance of the procurement process to the success of these institutions. It is further recommended that auditors in public tertiary institutions take steps to uncover any procurement breaches that occur in these institutions so that action is taken to correct such procurement breaches.

Platforma sau reţeua PLAN - Procurement Law Academic Network este o reţea globală de cercetători şi cadre didactice interesate în domeniul achiziţiilor publice şi a politicilor din materie. Reţeaua are membri din toate disciplinele relevante – cum ar fi drept, economie, management, politici publice, ştiinţe
politice. În acest moment, reţeua este finanţată de Grupul de cercetări al achiziţiilor publice din cadrul Universităţii din Nottingham (Directorul Grupului este Sue Arrowsmith), cu sponsorizarea Achilles Group. Sue Arrowsmith este şi editorul Public Procurement Law Review.
Revista AEXA februarie 2016 - aexa.eu

Sygnaliści, zatroskani obywatele, którzy ujawniają przypadki nadużyć i zagrożeń dla wspólnego dobra, zyskać mają nowe możliwości ochrony. Dyrektywa w sprawie ochrony osób zgłaszających naruszenia prawa Unii z 23 października 2019 r. uprawnia pracowników do alarmowania w interesie publicznym. Jej właściwe wdrożenie da początek nowym narzędziom demokratycznej kontroli nad instytucjami państwa. I pomoże eliminować patologie w różnych sferach jego działania.

ABSTRACT. State governments have begun to introduce various eprocurement tools to improve inefficient and ineffective procurement management; however, few empirical studies have documented the diffusion of e-procurement. This study uses data collected ...

Although there is a growing body of research exploring the transition to a more service-based orientation in complex product markets, the majority of this literature adopts what might be classified as a 'manufacturer-active' point of view that explores the challenges faced by firms (e.g., aircraft and capital equipment manufacturers, building firms, etc.) seeking to 'sell' their reconceptualised streams of revenue. There has been much less research exploring the challenges associated with the transition from traditional asset acquisition processes to 'buying' or Procuring Complex Performance (PCP) – defined as a combination of transactional and infrastructural complexity. This paper explores the macro- and microeconomic contexts to this specific problem space and develops a preliminary conceptualisation of the what, why and how of PCP. It draws on two principle literatures: one focused on the boundary conditions that firms consider when choosing to 'make or buy' a range of different activities from the market (e.g., Fine and Whitney, 1999; Gilley and Rasheed, 2000; Williamson, 1985; Grover and Malhotra, 2003) and the other, on public procurement (e.g., Thai and Piga, 2006; Knight et al., 2007) and public-private partnerships, in particular (Broadbent and Laughlin, 2005; Froud, 2003). Three distinct governance challenges are presented: (1) contractual, (2) relational and (3) integration. The paper explores the implications of the conceptual model by developing a range of research propositions that are intended to be the foundations for future research.

Keywords: contracts; relationships; integration; complex performance; procurement; product-service systems; conceptual framework; complexity; complex product markets.""

""Purpose – While previous studies explored the argument that allies the notion of complexity to the complex product-service offerings being procured, this paper explores whether there is a corollary with exchange governance complexity. More specifically, the paper analyzes the relationship between systemic complexity and complexity of contractual and relational exchange governance in procuring complex performance (PCP) arrangements.

Design/methodology/approach - A multiple, longitudinal case study method is used to examine the relationship between systemic complexity and exchange governance complexity.  The study deploys rich data sets by combining government and company reports with 43 semi-structured interviews.

Findings - Preliminary conclusions suggest that as a response to increasing systemic complexity, organizations respond with increasing contractual governance complexity. However, better performing PCP arrangements illustrate that the use of simplified contractual governance in form of working agreements in combination with relational governance such as inter-personal relationships may be more effective to counteract complexity.

Practical implications – The paper questions whether organizations should respond with increasing exchange governance complexity to counteract systemic complexity. Managers must consider the manageability and enforceability of complex contracts in combination with the formation of inter-personal relationships and simplified working agreements. 

Originality/value – This study adds to the limited empirical understanding on the nature of long-term public-private interactions in procuring complex performance. It also contributes through a rare focus on the relationship between systemic complexity and exchange governance complexity in PCP arrangements.
""

Framework Agreements (FAs) are being increasingly utilized by public procurement agencies to promote value-for-money, deter corruption, and avoid the waste and abuse of increasingly scarce public resources. By aggregating demand and reducing transactions costs of high frequency procurement, FAs can serve as invaluable tools for increasing administrative efficiency, fostering competition, and promoting transparency. This Guidebook aims to provide practical guidance to policy makers and procurement practitioner to set-up and operate FAs. In addition to providing step-by-step procedures, this Guidebook includes country case studies from UK, USA, Chile, Brazil, Italy, Ethiopia, and India.

Paper Presentation at the Conference Transnational Labour Law in an Era of Rising Nationalism: A New Role of Public Institutions for Sustainable Market Practices? (Max Planck Institute for Comparative Public Law and International Law, University of Bristol and University of Oslo/SMART June 2018)

Gundes, S. (2022) Trends in Global Infrastructure Investment and Financial Consequences. European Journal of Sustainable Development, 11(1), 66-76. https://doi.org/10.14207/ejsd.2022.v11n1p66
Abstract
Governments all around the world are faced with economic and social problems borne from the need for modern and reliable infrastructure. Rapid urbanization, increasing population size and economic growth are the main causes of increasing infrastructure investment needs in the world. While the need is growing, government budgets are increasingly squeezed by demands for healthcare improvements, defence, education and many others. The problems in the provision of finance for these investments are aggravated with the new Covid crisis, as the funds reserved for infrastructure investments are now likely to be allocated to urgent needs such as healthcare and unemployment benefits. In such a volatile environment, identifying future investment needs and discussing how these needs will be met is important and timely more than ever. This paper, introduces the global infrastructure investment trends in the future and discusses the use of public and private finance for infrastructure spending. In this concept, the following questions are explored, (1) What is the volume and trend of global infrastructure investment needs? (2) How do infrastructure investment needs differ among regions? (3) How will this infrastructure investment needs be financed?, and (4) What may be some of the future issues to be solved? To find out future infrastructure investment needs and trends, reports outlining the future prospects of the infrastructure sector are examined and trends are revealed. Then, a review of financing mechanisms is introduced in the light of the main procurement systems used by governments for realizing infrastructure projects. In this concept, design-bid-build, design-build and project finance models are explored in terms of their organizational and financial structure. Future issues to be solved are mainly derived from a cross examination of concerns raised in published infrastructure investment case studies and of future trends. Results reveal that the need for investment in infrastructure is growing steadily. As a response to this growth, the use of private finance is increasingly being encouraged by governments all over the world and a variety of international organizations. However, it appears that long-standing private finance issues predominantly observed in demand-based projects will continue to be discussed over the coming years by policymakers, scholars and communities. Indeed, many governments and organizations are already speeding up research efforts into ensuring the resilience of public private partnerships (PPP) in infrastructure projects. The insights from this research are expected to revive interest and research efforts into the potential future challenges for infrastructure financing and options available for governments.

ABSTRACT
This study examined an assessment of the Application of government accounting system in A.A city administration finance and economy development bureau. The
General objective of the study was investigating application of government accounting standard  in Addis Ababa city administration finance and economy Development bureau; the study area was addise Ababa town,  the target population was compassed of 50 respondents were  attained,  The data collected was both quantitative and qualitative Analysis  was  done using Statistical Package for Social  Sciences (SPSS), this study adopted a mixed research design.,  the finding of the research found out that, the  organization partially implement its financial statement  according to Government accounting standard Board (GASB),, There Is also  limitation in, recording of recurrent budget effectively,  lack of record and valuation of  fixed assets, weak in completeness of financial transaction, similarly, weakness in effectiveness of the transactions process, low level of satisfaction in stakeholders’ involvement in budget preparation, However, there is clear responsibility and accountable of expenditure in the organization, likewise,  the financial system with relate to expenditure of goods and service with other department is satisfactory,  the Record of the bureau is reliable, valuable and clear, and also  the organization use pre-numbered financial documents and better budget management in Approval of budgets on yearly basis and Adherence to budget estimates, there is also effective time management of budget plan, however,  with  relate to the challenge of government accounting,  inconsistency for implement the policies, procedures, little computer skills by employees and  lack of competent personnel,  The study recommend that using of accrual basis of accounting to improve efficiency of the system and complete application of Government accounting standard (GASB) standard, City councils and regional finance bureau should access, read, understood, and used financial reports on a regular basis,  Increase utilization of the system by ensuring all accounting issues are computerized, and creating clear  responsibility and accountable of expenditure in the organization,
Keywords: Government accounting system, budgetary system, government accounting reporting, government accounting standard

Este artículo tiene por objeto analizar cómo las compras públicas sostenibles (cps) constituyen una herramienta para afrontar al cambio climático en los países en vía de desarrollo. Para tales efectos, a partir del análisis documental y el uso de métodos comparativos y descriptivos ilustraremos cómo en Colombia puede ser reforzada e implementada una política pública de cps. En todo caso, es importante señalar que este documento apenas corresponde a los resultados preliminares de un proyecto de investigación más amplio, y por tanto se limita a ofrecer algunas nociones preliminares que servirán como punto de partida para la construcción propositiva de un marco jurídico nacional vinculante en materia de cps; por tanto, se trata de un aporte eminentemente conceptual. Así pues, en este capítulo empezaremos por de nir a las compras públicas sostenibles; después analizaremos cómo este enfoque de las compras públicas puede contribuir a la mitigación del cambio climático; para luego analizar cuál es el nivel de implementación de las cps en Colombia e identificar qué hace falta para materializarlas como una herramienta para la mitigación del cambio climático, dentro de la Agenda 2030.

Abstract: This article represents an overview of assimilation of people from Western Europe, who greatly influenced modernisation and scientific and cultural development of Russia. The article is associated with research combining migration policy and policy of territorial and innovative development of Russia on the basis of reflection on the historical experience. Thus, according to the 1897 census of the population of Russia, the German language was indicated as native by 1.8 million people (i.e. they were Germans), while the population of Moscow and Saint Petersburg was 1.03 and 1.26 mn respectively, and of modern territory of Russia – 86 mn. (For comparison: in 2010 the number of ethnic Germans amounted to only 0.39 mn of people, with population of Moscow and Saint Petersburg of 11.5 and 4.8 mn respectively, of Russia – 142.85 mn). We suggest that the 1897 census significantly marked down the number of people not identifying themselves as Russian, as the second generation of migrants to the Russian Empire named Russian as their native language. Though, according to modern view, they could be regarded as German or French people. It should be noted that the people of European descent were quite active in high-technology business of those times: more than 75% of industrial advertisement bespeaks its German or French origin. At present, on the contrary, during 2011-2013 only 23.7 thousand of people (6.8% of total) came for permanent residence from more developed countries than Russia.
To balance an influx of immigrants we suggest using experience of the Russian Empire, where the settlements for foreigners from technologically developed countries – the Sloboda – were organised. Upon that, a nucleated settlement Sloboda may have a special legal status providing execution of foreign law – Swiss or Luxembourg, for example – in the territory of Sloboda with limitation of Russian law. Thereby, on the one hand, the Slobodas can be territories with a more habitual for foreign residents economic and administrative system, and on the other hand, they may complete Special Economic Zones (industrial, technologic, tourist, logistical) of the Ural, the Siberia and the Far East with European centres of business and innovative activity.

The World Bank has for decades influenced the regulation and international liberalisation of public procurement markets. However, proliferating procurement chapters of trade agreements and cheap commercial credit flooding emerging markets, along with new development banks on the horizon, forced the Word Bank to conduct the first complex reform of its procurement policies, and to compete for its share in the market of development aid. The reform has produced new Procurement Regulations to be implemented from July 2016 onwards. New rules offer plentiful options, of how to configure procurement processes, and give borrowers much more flexibility in terms of negotiating with bidders, or applying environmental and social considerations. Subject to the bank’s consent, the new rules allow the use of borrower’s own or other development banks’ procurement rules, continuing a process initiated with the introduction of Piloting Program on the Use of Country System in 2008. By doing so, the new rules are meant to attract borrowers who could now develop their national procurement systems and be compliant with international obligations without having to use special procurement regimes for bank-financed projects.

A lot of studies have been conducted on 3PLSPs (Third Party Logistics Services Providers), mostly encompassing users’ perspectives like; outsourcing vs in-house transportation models, causes of 3PLSP selection, service level requirements, attributes of good SPs (Service Providers) and region specific requirements of SPs. There are very few studies on Pakistan and most of the work done on Pakistan is industry specific and lacks general perspective. Studying the perspectives of 3PLSPs is among less researched areas, thus this study is focused to analyze the issues which are the back hand issues but ultimately affect the customers, being in the centre of the stage of every business. Three (3) intended IVs (Independent Variables); Fleet Induction decisions, MRO (Maintenance Repair Operation) and Terms of Services Contract alongwith Three (3) additional IVs (emerging out during data collection and analysis from industrial practitioners and expert); Outsourced Fleet Retention, Fueling Strategies and Unique Business Model are analyzed for adoption of Fee Charging Strategies by both; MNCs and Domestic 3PLSPs, working in Pakistan, from public as well as private sector. Phenomenological research model of qualitative research approach has been used and primary data has been collected through open ended detailed interviews with one practitioner each from PTN (Perfect Transport Network) and SAZ (Saeed-Adnan-Zaheer) Logistics (Pvt) Ltd, representing domestic, private sector and three professionals from NLC FS (Freight Services), representing domestic public sector as well as a professional from Agility Logistics (Pvt) Ltd, to represent MNCs, working in Pakistan. An expert has also been interviewed who has worked in NLC FS, Agility and PTN, before joining his recent assignment, in UBL. Findings and analyses of interviews revealed that diversified fleet induction strategies are being followed by different SPs ranging from 100 % equity to Leasing through financial institutions to unique induction model i.e Leased vehicle induction. Terms of services also varied from spot or walk-in customers to 1-5 years blanket contracts to Allocation model are being followed with different SPs for different clients. MRO has been found to be in-house, in case of most of the SPs, yet OEM (Original Equipment Manufacturer) MRO and a hybrid of both have also been seen in different SPs. A unique model for service provision, designed by PTN for KE (Karachi Electric, formerly known as KESC; Karachi Electric Supply Corporation) and unique induction model of SAZ Logistics for ATT (Afghan Transit Trade) are unique findings of the study. Analysis, recommendations and policy guidelines will help, not only the users of 3PLSPs (the business) by getting an insight of back hand of SPs, the industry of 3PLSPs by learning the best practices, the researchers by the opening of new avenues for further research and the government for formulating more pragmatic and industry oriented policies in the years to come.

The discussion of sustainable public procurement, given its importance in inducing socially
and environmentally desirable behavior, requires a broad debate, able to report the timely arrival of new
perspectives together with the breaking of some paradigms enshrined in contractual harvest, all with the
fulcrum to show the perfect legal feasibility of adopting procedures endowed with sustainability criteria and
rules within the framework of public procurement.

The topic of this dissertation is the analysis of buyer power and its treatment in EU competition law. The aim of the study and its main research question are connected to identifying, synthesizing, discussing, and evaluating the buyer power regulation in EU competition law. To do so, my research seeks to clarify what buyer power is, how it is legally treated, and whether there is a consistent and coherent buyer power competition policy and legal regulation in EU competition law.

Buyer power represents the other side of competition law, focusing on buying conducts and how a buyer can exert its market power to the detriment of competition. Buyer power is an umbrella concept that groups different forms of buying and bargaining over purchasing prices: monopsony and bargaining power (sensu stricto). I define buyer power as the market power possessed by a buyer (or a coordinated group of buyers) that allows said undertaking to reduce the purchasing prices it pays for an input in a profitable manner below the supplier’s standard selling price. This price reduction can be obtained by either withholding purchases – monopsony – or through bilateral negotiations and pure competitive bargaining to reduce the supplier’s prices and obtain better contractual conditions. In both cases, the buyer captures a higher share of surplus when negotiating with the supplier that would have been retained by this, absent buyer power. These better terms and conditions can be the result of efficient outcomes, as occurs with bargaining power.

The present paper analyzes the concept of ‘arbitrability’ in the context of construction disputes arising out of contracts with public authorities from a Bulgarian law perspective. What disputes are arbitrable under Bulgarian law? Are construction disputes with public authorities arbitrable and, if yes, are there any special rules that would apply so that the dispute becomes eligible for resolution by arbitration? What is the recent court practice on these issues? The answer to these and other questions related to the arbitrability of construction disputes
with public authorities can be found in this analysis. (Note: the paper is in English)

Vendor Management (VM) is a wholesome and well established concept in SCM. There are two (2) distinct approaches to view Supplier Relationship Management (SRM): (1) Fort (American) model, and (2) Toyota (Japanese) model. We are historically more close to EU and the US thus, our approach towards Supplier Relationship Management is not much different (both models will be discussed in subsequent papers under ‘Loud Thinking’). This first paper in the series seeks to alter the perspective of public procurement professionals (hereafter, PPP) on the issues of professional importance by questioning our approach towards preposition. Vendor Management Strategies / Supplier Relationship Management (SRM) are presented for Public Procurement (PP).

This paper proposes a new public procurement evaluation model, the added value threshold model. The added value threshold model is a flexible procurement tool, which has been developed to account for the costs associated with offering added value within a tender response. The added value threshold model has been developed in response to the findings of an extensive literature review and case studies.

This model has the potential to be applied to other supplier selection problems, when a third element needs to be highlighted. In this paper it is applied to the notion of added value, but it could equally be applied to sustainability requirements.

The article covers the topic of state procurement. Institutional model of state procurement system – the most important field for the country and the business is discussed. Considering that the state procurement market is one of the largest in Georgia (constituting 39% of the state budget, and 12% of the gross domestic product), proper institutional functionality of the system and effective functioning of the institute(s) in this field are of great importance.

Correspondingly, main directions of the authority responsible for monitoring of enforcement of the Law of Georgia on State Procurement are reviewed. Each direction is discussed separately and author’s assessment regarding them is provided. At last, author’s vision regarding improvement/sophistication of the institutional arrangement of state procurement system is given in form of the conclusion.

We believe that the current institutional model of the state procurement system requires further improvement and enhancement which will ultimately improve the state procurement