Suchergebnisse

The state's purchasing policy is one of the new institutions of the Public Procurement Law. Influenced by the changes in the package of directives coordinating public procurement procedures in 2014, our national legislator has taken steps to use public procurement for purposes other than strictly purchasing. Therefore, the authors' considerations strive to define the concept of "purchasing policy of the state", outlining the role and scope thereof in the functioning of the modern state. Furthermore, the authors try to point out problems related to its implementation by the public authorities, stating finally that purchasing policy will only be effectively implemented if all participants of the public procurement market are aware of the policy objectives. ; The state's purchasing policy is one of the new institutions of the Public Procurement Law. Influenced by the changes in the package of directives coordinating public procurement procedures in 2014, our national legislator has taken steps to use public procurement for purposes other than strictly purchasing. Therefore, the authors' considerations strive to define the concept of "purchasing policy of the state", outlining the role and scope thereof in the functioning of the modern state. Furthermore, the authors try to point out problems related to its implementation by the public authorities, stating finally that purchasing policy will only be effectively implemented if all participants of the public procurement market are aware of the policy objectives.

The state's purchasing policy is one of the new institutions of the Public Procurement Law. Influenced by the changes in the package of directives coordinating public procurement procedures in 2014, our national legislator has taken steps to use public procurement for purposes other than strictly purchasing. Therefore, the authors' considerations strive to define the concept of "purchasing policy of the state", outlining the role and scope thereof in the functioning of the modern state. Furthermore, the authors try to point out problems related to its implementation by the public authorities, stating finally that purchasing policy will only be effectively implemented if all participants of the public procurement market are aware of the policy objectives.

The state's purchasing policy is one of the new institutions of the Public Procurement Law. Influenced by the changes in the package of directives coordinating public procurement procedures in 2014, our national legislator has taken steps to use public procurement for purposes other than strictly purchasing. Therefore, the authors' considerations strive to define the concept of "purchasing policy of the state", outlining the role and scope thereof in the functioning of the modern state. Furthermore, the authors try to point out problems related to its implementation by the public authorities, stating finally that purchasing policy will only be effectively implemented if all participants of the public procurement market are aware of the policy objectives.

The Public Procurement Act 2007 brought a sense of regulation or framework to the procurement process in Nigeria. Preceding this law, Nigerian public procurement was not formally regulated in the sense that there was no law, which governed procurement at the federal or State level. This paper examined the various parts and sections of the PPA Act 2007 towards identifying major loopholes of the Act, as it may allow one party to circumvent the Act's intention without actually breaking that law. Some identified loopholes included ambiguity in the qualification criteria of a procurement manager, non-inclusion of the AEC professional on the National Council on Public Procurement, its failure to provide methods for dispute resolution etc. Meanwhile, some challenges militating against the implantation of the PPA Act 2007 identified were the absence of strong and compelling institutions, pervading corruption that has become Nigeria socio-cultural value, citizen's refusal to demand accountability etc. Although some provisions of the PPA Act were amended in 2009 by the Nigerian Senate, some other vital amendments were proposed to the relevant authorities for evaluation and legislation. The findings of this research provide instrument and ideas that can improve the efficiency and effectiveness of the Nigeria's procurement process.

This paper examined the strategies put in place by Lagos State Public Procurement Agency in the
implementation of public procurement policy. The paper utilised primary and secondary sources of data.
Primary data were collected solely through the administration of questionnaires on the respondents. The
study population 1,020 comprised the staff members from ministries, and agency that monitors the
implementation of procurement policy in the state, Lagos State Public Procurement Agency (LSPPA).
Proportionate random sampling technique was used in selecting a sample size of 154 respondents
representing 15% of the study population. Secondary data were obtained from books, academic journals,
official document of LSPPA and the internet. Data collected were analysed using percentage, frequency, and
(RII) Relative Importance Index. The results of the study showed that the strategies put in place by Lagos
State Procurement Agency; such as establishment of a threshold (52.6%, rank 7th), constitution of contract
performance audit committee (63%, rank 9.5th), supervision of the deliveries (69.5%, rank 9.5th), and
creation of a procurement officer's desk (57.8%, rank 8th) were not adequately substantial strategies put in
place in monitoring the implementation of public procurement policy in Lagos state. Moreover, the paper
revealed strategies that were adequately substantial which were put in place by Lagos State Public
Procurement Agency in the implementation of public procurement law, such as composition of technical
review committee (79.9%, rank 1st), appraisal of procurement plan for procuring entities (73.3%, rank 2nd),
setting of fair pricing standards and benchmarks (61%, rank 6th), strategic oversight on the contracts
(65.6%, rank 5th) , keeping of contractors' database for proper identification (65.6%, rank 4th), publication
of details of major contracts in the State (69.5%, rank 3rd) significantly improved accountability, proficiency,
efficacy among the ministries selected. The study therefore, conclude that the strategies put in place by
LSPPA, Lagos State Public Procurement Agency in the implementation of public procurement law in the
state is substantial, and apt which ensures that procurement law of the State is followed. It was further evident
from six claims affirmation as against four claims that refuted it respectively.

This paper explores emerging contemporary trends in the development of South Africa's public procurement law. Using a doctrinal legal analysis, it identifies two main trends in such development post-democratization, one structural and one substantive. It argues that these two trends pose particular challenges to the public procurement system. At the structural level, the paper shows that while law has played a key role in the development of South Africa's public procurement system right from the outset, it constituted a light touch regulatory regime prior to the constitutional transition in 1994. The changes that the new constitutional dispensation brought about necessitated an adjustment in the regulation of public procurement as well. The development of public procurement law to effect such adjustment has, however, created a fragmented, uncoordinated and overly burdensome regulatory regime. At the substantive level, the paper argues that law has not managed to effectively create a framework for the use of public procurement for social policy purposes with specific reference to the pursuit of equality. Based on these findings, the paper argues that legal reform is urgently needed in order to avoid law undermining the public procurement function in South Africa.

It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA) to be rearranged for the purposes of interest groups when necessary. So, our study is trying to question the content of arrangements which were prepared with great expectations at first during the period of current government, but since 2003, when they were put into practice, they have been changed and criticized significantly. Besides, the impressions in public opinions about the idea that the Law forms a basis for the waste of resources have become the research subject.