Suchergebnisse

In this contribution the interface between EC Public Procurement Law and Internal Market Law case law is analysed. The core question is to what extent primary Community law may be a source of obligations to tender as well as of justifications for not tendering. Some elements of the 'Transparency case law' (Telaustria, Coname, Parking Brixen) developed in public procurement cases will be compared with other case law on the fundamental freedoms. This case law also raises new questions, for example the relationship with Article 86 and, in particular, the question whether the award of an exclusive right shall be subject to a transparent procedure. Attention is further given to possible justifications of a presumed infringement of transparency obligations, both under Article 86(2) EC and by virtue of "rule of reason exceptions". The "interaction" among possible derogations of transparency obligations, both under primary law and specific secondary law, completes the analysis. By way of general conclusion the authors find that the Transparency case law is in some respects open to criticism. However, this case law fits well into the wider body of case law relative to the fundamental freedoms of the Treaty. EC public procurement law genuinely is an integral part of the internal market law.

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.

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