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.
Download or read book Legal Aspects of Public Procurement written by Michael Flynn and published by . This book was released on 2020 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "According to the United States Census Bureau, American state and local governments spend roughly $3.5 trillion dollars annually fulfilling the community and governmental needs of the public procurement function. Designed to provide a strategic overview of the policy, legislation, and program oversight of public procurement, 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. While the basic structure of this third edition remains the same, new chapters have been added to cover the legal aspects of competitive sealed proposals and contract administration. In addition, a chapter on procurement of information technology has been revised and updated 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"--
Download or read book Choice of Law in Public Procurement and Licensing written by Sandeep Verma and published by . This book was released on 2013 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short academic note explores certain elements of the controversies on application of India's legal frameworks on civil nuclear liability on foreign contractors engaged by Indian State-owned Enterprises, along with attendant constitutional and legal implications on non-application of domestic legal frameworks in such cases.
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:
Download or read book E Government Procurement Implementation written by Dr Panda (Prabir) and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The benefits of e-procurement implementation for public procurement is a well research area. The adoption of e-procurement results in cost savings to exchequer by increasing operational efficiency, transparency, competition among bidders and organizational effectiveness through automation of manual processes. The review of contemporary research literature brings out procurement process engineering, change management and top management support as some of the critical success factors for e-procurement project implementation. It is also well known that NeGP project was launched in 2006 with e-Procurement as integrated Mission Mode Project. A recent review of the e-procurement implementation by DIT, Ministry of Commn & IT brought out that the progress in this area has been dismal. Barring few states like Andhra Pradesh, Chhattisgarh etc, the project has not taken off. This lack of progress (when seen in the light of rampant corruption in India) becomes a cause of serious concern. In this backdrop we undertook study of various statues, rules and government order governing public procurement in India. In order to develop better understanding of the research domain we undertook template analysis of successful e-procurement implementation by State Governments of Andhra Pradesh and Chhattisgarh. In addition, we interacted with some of the stakeholders to elicit their views on how a legal framework could help in smoother and faster roll out of e-procurement projects in public sector. The research methodology followed included analysis based on an elaborate study of various government policies and guidelines and their impact. Fact findings are provided through journal articles, information hosted on government portals, statues, rules, regulations and government resolutions relating to e-procurement and government purchasing. The study concludes that since “Procurement” doesn't figure in either State List or in Concurrent List, therefore Indian Parliament can make law on the subject for the entire country. However, no separate law governing public procurement has been enacted in India. Finally, the paper brings out broad contours of a modal procurement law that would expedite the e-procurement implementation in India in an optimal manner.
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
Download or read book Government Obligations in Public Private Partnership Contracts written by Sandeep Verma and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional models of full and open competition are generally applied for ordinary public procurement contracts, whereas special competitive procedures (such as unsolicited proposals) are permissible under various international and domestic frameworks for “Public-Private Partnership” (PPP) contracts. In case of the latter category of contracts, some concerns about relative lack of transparency and competition in the award process have begun to surface, while they are being increasingly relied upon for development of public infrastructure and services. This paper focuses on certain aspects of competition and transparency in the award of PPP contracts, vis-à-vis normal public procurement contracts. To facilitate a sharper identification of legal issues, it compares the relevant regulations and case law in India applicable to unsolicited proposals (UNPs) with that in the United States and those under available international frameworks. It concludes with recommendations on identified legal dimensions of UNPs with reference to government obligations on transparency and competition, so as to adequately preserve these elements in procurement of PPP infrastructure projects.
Download or read book Public Procurement Policy written by Gustavo Piga and published by Routledge. This book was released on 2015-07-24 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appropriate laws and regulations are an essential tool to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. This book collects original contributions, from both economists and lawyers, related to the new European Union Directives just approved in 2014 by the EU Parliament. Uniquely, this book combines juridical and technical expertise so as to find a common terrain and language to debate the specific issues that a Public Administration in need of advancing and modernizing has to face. This format features, for each section, an introductory exchange between two experts of different disciplines, made of a series of sequential interactions between an economist and a lawyer that write and follow-up on one another. This is to enrich the liveliness of the debate and improve the mutual understanding between the two professions. There are four sections characterized in this book: supporting social considerations via public procurement; green public procurement; innovation through innovative partnerships; and Lots - the Economic and Legal Challenges of Centralized Procurement. This book will be of interest to policy-makers, practitioners working in the field of EU public procurement as well as academics.
Download or read book Legal aspects of e procurement written by Roland Amoussou-Guenou and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding Integrity Requirements for Government Contracts in India written by Sandeep Verma and published by . This book was released on 2013 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brief academic note has been prepared as background reading material for prior study by course participants at PACT-2013 at the IACA, which the author is scheduled to address on September 25, 2013. It traces certain recent legal and regulatory developments relating to public procurement frameworks in India, particularly since 2009 onwards, and examines their potential implications for fostering integrity in government contracts. To a certain extent, some of the underlying ideas and analysis contained in this note may hold value for re-examining procurement law developments in other national jurisdictions from a strict procurement integrity perspective.
Download or read book Gwydir steamer written by and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unpacking Transparency in Government Procurement written by CUTS Centre for International Trade, Economics & Environment (Jaipur, India) and published by . This book was released on 2004 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Procurement Law Review written by Peter Kunslick and published by . This book was released on 2000-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides up-to-date information and analysis on the procurement systems in the European Union and EFTA, via a pan-European team of legal contributors. Information relating to international agreement on public procurement, such as the GPA, and procurement in other major trading countries, such as the US, is also included.
Download or read book Debarment and Suspension in Public Procurement written by Sandeep Verma and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debarment and suspension of erring contractors are important tools for ensuring compliance with integrity-obligations of government contractors performing procurement actions for the Government. These actions are commonly referred to under Indian government regulations as “banning of business dealings”, “sending contractors on a holiday” and “suspension of business dealings”; and executive guidance and case law in India on the subject typically originates from a wide and rich variety of sources. This paper attempts perhaps the most comprehensive and in-depth survey of available regulatory literature and case law on the subject in India, right from the 1970s to as recently as 2015; while suggesting a way forward for procurement reform through early harmonization and consolidation of guidance, particularly in context of ongoing developments under state government regulations as well as those expected under the newly proposed Public Procurement Bill, 2012 of the Central Government in India.
Download or read book Energy Law in India written by Mohammad Naseem and published by Kluwer Law International B.V.. This book was released on 2021-11-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in India. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting India. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
Download or read book Public Procurement Regulation in a Crisis written by Sue Arrowsmith and published by Bloomsbury Publishing. This book was released on 2021-12-30 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement regulation in (a) crisis? General introduction / Sue Arrowsmith, Luke RA Butler and Annamaria La Chimia -- The approach to emergency procurement in the uncitral model law : a critical appraisal in light of the COVID-19 Pandemic / Sue Arrowsmith -- Recommendations for urgent procurement in the EU directives and GPA : COVID-19 and beyond / Sue Arrowsmith -- Regulating single-source procurement in emergency situations in light of the COVID-19 pandemic : issues in policy and practice / Luke RA Butler -- The challenges of constructing a supplier review system for urgent procurement : an analysis in the context of the UNCITRAL framework / Caroline Nicholas and Sue Arrowsmith -- The EU's joint procurement agreement in light of COVID-19 : learning the correct lessons from the pandemic and identifying actions for improvement / Aris Georgopoulos -- Competition policy in relation to public procurement : an essential element of the policy framework for addressing COVID-19 / Robert D Anderson, William E Kovacic and Antonella Salgueiro -- The trade and government procurement policy nexus : before and after the COVID-19 Pandemic / Simon J Evenett -- The rise of resilience in addressing COVID-19 procurement challenges and the impact of international trade-related instruments on countries' freedom of action / Peter Trepte -- Legal aspects of the procurement and distribution of critical COVID-19 supplies by international organisations : UNOPS / Benedetta Audia and Ary Bobrow -- Procurement and distribution of critical COVID-19 supplies by international organisations : The World Bank / Shaun Moss -- Procurement and distribution of critical COVID-19 supplies : the experience of USAID / Jun Jin and Mary McLaughlin -- The procurement of a COVID-19 vaccine in developing countries : lessons from the 2009 H1N1 Pandemic / Mark Eccleston-Turner and Harry Upton -- Emergency procurement and responses to COVID-19 : The Case of Italy / Gian Luigi Albano and Annamaria La Chimia -- Emergency procurement and regulatory responses to COVID-19 : The Case of the United Kingdom / Sue Arrowsmith and Luke RA Butler -- Emergency procurement and responses to COVID-19 : The Case of the US / Christopher R Yukins -- Emergency procurement and responses to COVID-19 : The Case of Brazil / Marçal Justen Filho and Cesar Pereira -- Emergency procurement and responses to COVID-19 : The Case of Colombia / Sebastián Barreto Cifuentes -- Emergency procurement and responses to COVID-19 : The Case of India / Sandeep Verma -- Emergency procurement and responses to COVID-19 : The Case of Singapore / Henry Gao -- Emergency procurement and responses to COVID-19 : The Case of China / Ping Wang and Ke Ren -- Emergency procurement and responses to COVID-19 in Africa : The Contrasting Cases of South Africa and Nigeria / Geo Quinot, Sope Williams-Elegbe and Kingsley Tochi Udeh -- Emergency procurement : the role of big open data / Mihaly Fazekas and Alfredo Hernández Sánchez -- The experiences and lessons of the COVID-19 Pandemic : public procurement regulation in (a) crisis? / Sue Arrowsmith and Luke RA Butler.
Download or read book Integrity Pacts and Public Procurement Reform in India written by Sandeep Verma and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrity Pacts (IPs) have been adopted in a number of countries as an instrument for greater public oversight over possible corruption in government organisations, with application both in defence as well as in civilian purchases. In addition to their anti-corruption objectives, these pacts could also potentially enhance citizen participation in government contracting activities, while allowing dissatisfied bidders a forum in which to protest seemingly arbitrary and unfair agency actions. India has witnessed the introduction of these pacts in its public procurement regulations right since 2006; and with her joining recently as an observer to the plurilateral Agreement on Government Procurement, the need for a robust domestic review procedure for bidder grievances assumes an even greater importance. An in-depth examination of Integrity Pacts as legal tools for ensuring greater transparency and competition in the award of government contracts is yet to be conducted in India; and this paper aims to reduce the gap in academic research by undertaking a detailed examination of important dimensions of IPs as implemented in India. After a short analysis, it concludes with suggestions for strengthening and for transforming the IP mechanism into a tool for effective, comprehensive and independent oversight of domestic public contract-award decisions.
