WTO政府採購協定（Agreement on Government Procurement, GPA）之談判進展深受各界關注，依據GPA第24條第7項(b)(c)款之規定，各會員自1997年展開內建談判，其中包括協定文字之修正與市場開放談判兩大層面。本文以市場開放談判為主要觀察面向，透過談判資料之整理，發現自2004年談判正式展開以來，會員之間針對談判定位與方向始終難以凝聚共識，使整體談判停滯不前；此外，本文以美國與加拿大為個案，分析其在談判過程提出之要求與回應清單，發現其新增適用GPA之內容相當有限，佐證談判停滯之現象。本文認為談判裹足不前的原因可能有三方面，分別是政府採購協定之談判利益與其他WTO協定之優惠無法互換、GPA會員未開放足夠誘因之新市場、各會員普遍受到保護產業政策與政治因素之掣肘。 今（2010）年2月份，美國與加拿大雙方簽署政府採購協定，互惠開放部分政府採購市場納入協定適用範圍內，使WTO秘書長與許多會員期盼其對整體談判動能有所助益。本文檢視該協定後認為其對GPA市場開放談判可能無法產生實質幫助，不過其所彰顯之指標性意義卻不容忽視。市場開放談判以達成多邊化為目標之一，然而面對談判之阻礙，本文最後提出鼓勵會員重行推動透明化協定之談判，或許對於達成GPA的多邊化仍有其價值。 / The “built in” negotiation of the Agreement on Government Procurement (GPA), pursuant to Article XXIV:7 (b) & (c) of the GPA, includes two folds of negotiations: amendment of the text of the GPA and market access negotiation/coverage negotiation. This thesis mainly observes market access negotiation and concludes from relevant material that it is stalled due to absent consensus among members of the GPA on goals and directions of the negotiation. The thesis further demonstrates the impasse of the negotiation from limited expansion of coverage committed by the United States of America and Canada under the GPA. The thesis suggests three reasons behind the stalled market access negotiation: the coverage committed under the GPA cannot exchange for concessions under other WTO agreements; no substantial coverage has been expanded by existing members to motivate overall expansion of the GPA; the burden of protective industry policies and associated political pressures within each members of the GPA. The Unites States and Canada has concluded an Agreement on Government Procurement earlier this year (2010) in which it allows further expansion of coverage under the GPA on a reciprocal basis. After the conclusion of such Agreement, several members of the GPA and the Director-General of the WTO welcomed such development and expected new momentum of the negotiation shall be aroused. However, in view of the coverage committed in the Agreement, the thesis suggests it could be of little help to the negotiation in a substantial way, but the emblematic effect it might have on other members of the GPA is still worth noticing. In light of the current situation, the thesis finally provides that there might be merit to encourage members of the GPA to re-negotiate Transparency Agreement on Government Procurement in order to multilateralize the GPA.

In the first part of this essay, the author describes the regulatory regime governing the issuance of opinions by the Supervising Agency of the Government Procurement (OSCE) in Peru. In the second, there is a series of interpretative elements of the binding nature of opinions of OSCE that were provided by the legislature and that institution. The third is a review of the doctrinarian characteristics that defined the institution of the Administrative Advisory Service. And finally, in the fourth part, the author proposes an interpretation of the meaning and scope of the binding nature of opinions of OSCE, with focus on their application across the various stages of government procurement in Peru. / En la primera parte de este artículo se describe el régimen normativo que regula la emisión de opiniones por parte del Organismo Supervisor de las Contrataciones del Estado en el Perú. En la segunda, se recogen una serie de elementos interpretativos del carácter vinculante que el legislador nacional le ha dado a esas opiniones. La tercera hace una revisión de las características con que la doctrina define a la Función Administrativa Consultiva. Y en la cuarta, finalmente, se propone una interpretación del sentido y alcance del carácter vinculante de las opiniones, con especial énfasis en su aplicación durante las diversas etapasde la contratación pública en el Perú.

Made available in DSpace on 2016-12-23T14:21:18Z (GMT). No. of bitstreams: 1 Aline Silva Tavares Cypreste.pdf: 1153990 bytes, checksum: 0568fac562bf41a110c6be0141947775 (MD5) Previous issue date: 2013-10-31 / O presente trabalho tem por objetivo o estudo da evolução da adoção do procedimento licitatório sustentável, tornado obrigatório nas compras públicas federais brasileiras através da Lei nº 12.349/2010. Concebido como um instrumento para promoção do desenvolvimento sustentável visa-se identificar seu estágio de operacionalização para aquisição de bens no âmbito da Universidade Federal do Espírito Santo - UFES, detectar os entraves, bem como prover sugestões para a ampliação e melhoria desta prática. A preocupação com o impacto socioambiental das compras públicas já é uma realidade internacional, há algumas décadas, e recentemente se mostra também expressiva no Brasil que, por isso, adotou esse novo modelo de compras públicas. A realização da licitação sustentável não constitui ato discricionário, mas sim uma imposição constitucional e legal, que exige a busca da proposta mais vantajosa, que atenda ao interesse público e contribua para promoção do desenvolvimento sustentável. O desenvolvimento sustentável é um desafio global e a administração pública brasileira tem um papel importante na difusão de políticas públicas de responsabilidade socioambiental e no incentivo à produção e consumo de bens e serviços sustentáveis. Embora já existam normas sobre o assunto no Brasil, o governo federal, porém, ainda precisa regulamentar mais detalhadamente sua aplicação para que as licitações sustentáveis constituam regra e não exceção nos órgãos federais. A pesquisa empregou uma abordagem qualitativa, que quanto à natureza pode ser classificada como descritiva, assumindo a forma de pesquisa exploratória. Os instrumentos utilizados para coleta de dados correspondem à pesquisa bibliográfica, análise documental, entrevistas não estruturadas, questionários e observações diretas. A análise do estudo de caso da UFES realizado demonstra a incipiência da aplicação das compras públicas sustentáveis em relação à quantidade de procedimentos efetuados, porém, crescente e expressiva em termos de valores gastos, evidenciando a necessidade de implementação de mudanças a fim de institucionalizar a prática das compras públicas sustentáveis na universidade / The following paper has as its objective the study of the evolution in the adoption of the sustainable bidding proceeding, making it obligatory in Brazilian federal government procurement through the law nº 12.349/2010. Conceived as an instrument for the promotion of sustainable development it aims to identify its state of operationalization for the acquisition of property in the scope of the Federal University of Espírito Santo UFES, detecting the barriers, as well as promoting suggestions for the amplification and bettering of this practice. The concern with the social environmental impact of public purchases is already an international reality, for some decades, and recently has shown itself in an expressive form in Brazil that, for this reason, adopted this new model of public purchases. The implementation of sustainable biddings doesn t constitute discretionary act, but a constitutional and legal imposition that demands the search for the most advantageous proposal, that meets the public interest and contributes to the promotion of sustainable development. The sustainable development is a global challenge and the Brazilian public administration has a key role in the diffusion of public policies of social environmental responsibility and in the incentive to the production and consumption of sustainable goods and services. Although there already are norms on the matter in Brazil, the federal government, however, has yet to regulate more precisely its application so that the sustainable biddings constitute a rule and not the exception in the federal branches. The research utilized a qualitative approach that, in regards to its nature, can be classified as descriptive, assuming the form of exploratory research. The instruments used for the data collection correspond to bibliographical research, documental analysis, unstructured interviews, questionnaires and direct observations. The analysis of the case study of UFES shows the incipiency of the application of sustainable public purchases with relation to the quantity of procedures performed, however, increasing and expressive in terms of expenditure values, that evidentiate the necessity of implementing changes to institutionalize the practice of sustainable public purchases in the university

<p>The government procurement legislation – i.e. the Swedish procurement law, the EC procurement directives and the WTO’s Government Procurement Agreement – applies on public procurement. Such a procurement exists when the contractor meets the conditions stated in the directives that the organ is to be considered as a contracting auhtority. The conditions are supposed to cover the bodies that objectively are thought to take other considerations than economic when purchasing services or products. The definition of contracting authorities has, however, given rise to several interpretation problems when putting the wording into practice. Since it is the contracting authorities themselves that are responsible for their compliance with the law when purchasing, an unclear definition will result in bodies getting a possibility to, to a larger extent, evade the obligation to comply with the procurement legislation. Because of this, it is of great importance that the courts create a unitary interpretation of the definition; a clear definition serves as a means of exerting pressure. </p><p>The thesis is an investigation of the definition of contracting authority where the primary source of information consists of case law from the European Court of Justice. The purpose is to visualize the underlying philisophy of the regulation with a view to suggest an instrument for determining a body’s status as a contracting authority. Regarding the definition of contracting authority, the thesis discuss three different levels. The first level consists of an examination of the wording according to both the directives and the Swedish law, and then the interpretation of the wording by the European Court of Justice. At the following level, it is set out to illustrate differences between the definition on a national level and an EC level, respectively. Finally, it will be established what legislation technique that seems to have been used when formulating the definition of contracting authority in the directives, and also how the result of this should influence the interpretation of the term.</p>

The government procurement legislation – i.e. the Swedish procurement law, the EC procurement directives and the WTO’s Government Procurement Agreement – applies on public procurement. Such a procurement exists when the contractor meets the conditions stated in the directives that the organ is to be considered as a contracting auhtority. The conditions are supposed to cover the bodies that objectively are thought to take other considerations than economic when purchasing services or products. The definition of contracting authorities has, however, given rise to several interpretation problems when putting the wording into practice. Since it is the contracting authorities themselves that are responsible for their compliance with the law when purchasing, an unclear definition will result in bodies getting a possibility to, to a larger extent, evade the obligation to comply with the procurement legislation. Because of this, it is of great importance that the courts create a unitary interpretation of the definition; a clear definition serves as a means of exerting pressure. The thesis is an investigation of the definition of contracting authority where the primary source of information consists of case law from the European Court of Justice. The purpose is to visualize the underlying philisophy of the regulation with a view to suggest an instrument for determining a body’s status as a contracting authority. Regarding the definition of contracting authority, the thesis discuss three different levels. The first level consists of an examination of the wording according to both the directives and the Swedish law, and then the interpretation of the wording by the European Court of Justice. At the following level, it is set out to illustrate differences between the definition on a national level and an EC level, respectively. Finally, it will be established what legislation technique that seems to have been used when formulating the definition of contracting authority in the directives, and also how the result of this should influence the interpretation of the term.

Because the e-government policy carries out, government departments in Taiwan built many Websites to show some government decree information in these years. Besides, for catching on public opinion they open some Online Public Discussion Forum on Website to create communication channel between people and government. In other words, we can say this function as ¡§Electronic Democracy¡¨ or ¡§Digital Democracy¡¨. In addition to this function, I think about whether Online Public Discussion Forum can provide an activity platform for Knowledge Management to promote further some government¡¦s administration policy. This research used ¡§Online Public Discussion Forum of Government Procurement Law¡¨ as case study in view of Knowledge Management process activity about Government Procurement Law¡¦s administration. This research used three perspectives--- administration¡¦s process perspective, Virtual Community¡¦s management perspective, and on-line user¡¦s interaction perspective --- to observe this case study. Moreover, summarize these observation and reference feasibility of Government Procurement Law¡¦s administration in the future to recommend briefly the follow points: 1.Based on quick mobility about Government Procurement¡¦s staff in everywhere government entity, difficultly for expending organization of human resource in order to the government reform, and tendency of Government Procurement system development, I recommend to give priority for codification strategy and secondary for personalization strategy. Moreover, combine process-centred strategy with product-centred strategy to become internet strategy. 2.Integrate transaction-based strategy, systematic strategy and socialized strategy into Knowledge Management strategy for Government Procurement Law¡¦s administration¡G (1) Transaction-based strategy: Recommend to build ¡§Knowledge mapping¡¨. Currently responsible entity (Public Construction Commission, Executive Yuan) promoted ¡§seed teachers¡¨ and add undertaker¡¦s name in the official documents published on Website. Moreover, I suggest classifying and appraising the books, training, seminars and so on about Government Procurement¡¦s topic with the Knowledge Management concept. The way will make users to search information and knowledge conveniently. (2) Systematic strategy: Recommend to attach ¡§Knowledge layer¡¨ to ¡§Data layer¡¨ and ¡§Information layer¡¨ on Website. I suggest that responsible entity reorganize these data and information to present easy-touching knowledge for users. Moreover, cultivate user¡¦s problem-solving and innovation ability by themselves with strengthening invest in information technology and promoting users to use these knowledge, information, data. (3) Socialized strategy: Recommend to build ¡§Knowledge Community¡¨. Currently responsible entity built ¡§Virtual Community¡¨ to create a platform for everywhere users. Moreover, I suggest encouraging users to create and open a variety of ¡§Practice Community¡¨ in their organizations and endowed with Knowledge Worker function. The way can convert Tacit Knowledge among people into Explicit Knowledge and make up ¡§Best Practice¡¨. This reorganized knowledge can transfer and share conveniently. 3.In managing Virtual Community aspect, except for responsible entity playing the role of manager and maintainer, I recommend further to play the role of trigger for Knowledge Management. Moreover, combining performance with Knowledge Worker¡¦s function will encourage employees to do positively Knowledge actively in addition to official-documents everyday. 4.If Management of Procurement Professionals can build classify system in the future, I recommend to implement the appraisal system to understand staff¡¦s knowledge internalization and validate professional ability. Moreover, according to requirement for different users, responsible entity should open different sorts and levels¡¦ ¡§Knowledge Community¡¨. This way can add the depth and breadth of discussion on On-line Forum.

Currently, we can say that the environment is one of the most important topics, being that its incidence is increasingly valued by society.In that sense, in this article we study the figure of sustainable procurement. In this regard, the author believes that it would imply a due balance between wealth creation and social welfare. Therefore, the figure study goes beyond the change of words, but involves a change inperspective that should be analyzed in the light of the principles governing the law. / Actualmente, podemos afirmar que el medio ambiente es uno de los temas más importantes a tratar, siendo que su incidencia es cada vez más valorada por la sociedad. En ese sentido, en el presente artículo se aborda el concepto y función que cumpliría en nuestra sociedad la figura de la contratación sostenible. Al respecto, el autor considera que la misma implicaría un debido balance entre la generación de riqueza y el bienestar social. Por lo tanto, la figura estudiada va más allá de la variación de palabras, sino que implica un cambio en la perspectiva que debe ser analizada a la luz de los principios que rigen el derecho.

Thesis submitted in fulfilment of the requirements for the degree Master of Technology: Construction Management, Department of Construction Management and Quantity Surveying In the Faculty of Engineering, At the Cape Peninsula University of Technology / Sustainable buildings are structures produced to meet the present housing needs of a society without compromising the ability of the future generation to meet their future needs. Based on the findings derived from the reviewed literature, the production process and the operational lifecycle of sustainable buildings promote a healthy well-being for the inhabitants and environmental balance through the effective management of energy, water, land and materials resources at every stage of construction. However, ineffective construction materials procurement strategy was found in literature as a major factor that constrains the production of sustainable buildings; leading to project failures or production cost and time overrun. Thus, the production cost of sustainable buildings is influenced by the total cost of construction materials acquisition, which amounts to about 65% of the total cost of building production. This factor on cost has over the years been a significant barrier to the adoption of sustainable building principles in the construction industry. This prompted the need to establish an effective strategy for construction materials procurement towards the enhancement of sustainable building production in Western Cape, South Africa. The research study adopted a mixed methodological approach, which involved the use of semi-structured qualitative interviews and closed-ended quantitative questionnaires administered to construction stakeholders (contractors and consultants) in the Western Cape Province of South Africa. SPSS version 23 software was used to analyse the quantitative data collected and ‘content analysis’ method was used to analyse the information collected through qualitative interview conducted.

Context. Public procurement is an important factor in procurement of products and services by government organizations. It also helps in protection of corruption by applying the principles of non-discrimination and transparency for procurement of Software products and services along with their distribution and maintenance. As India has its own procurement laws and policies, international bidders who wish to participate in procurement cannot take part in the procurement. Also there is a need to verify how the pragmatic requirements can be used in India to maintain non-discrimination. Due to this it has become a challenge to maintain fairness and transparency in its rules and policies. Objectives. This study mainly investigates the differences between procurement process in India and Sweden. The study also identifies the changes that India should adopt in order to be a member of WTO. Methods. In order to conduct this study, a literature review is used to find the public procurement processes in India and Sweden. This is followed by a case study by conducting interviews with industrial practitioners and to validate the above said process with artifact analysis. Results. The contributions are the differences in procurement process of India when compared to Sweden, which is a member of WTO GPA. Recommendations are made to make India to comply with WTO GPA. Conclusions. The study helped in understanding the procurement process in India and Sweden. From the study it is clear that some rules and regulations in India that are used for procurement process lack transparency and non-discrimination. To avoid this India should make a fair procurement policy which is in compliance with WTO GPA. This makes the global suppliers to participate in the software procurements of India. As a result companies can procure new technologies for their software needs.

This thesis investigates how competition effects in government procurement auction are affected by the risk distribution between the procurer and the winning bidder. The risk distribution is linked to the conditions of payment which is assumed to be largely determined by the procurer. Thus, by investigating whether competition effects are different dependent on the risk distribution, this thesis contributes to the previous literature which almost exclusively model competition effects to be determined exogenous sources of uncertainty and characteristics of the market. There is a previous literature on the effects of various payment conditions in auctions but it mostly considers ex post moral hazard issues, and not effects on the competitive behavior at the bidding stage. An econometric analysis is conducted on auctions of infrastructure construction contracts held by the Swedish Transport Administration between 2010 and 2013. The results suggest that the choice of risk distribution can shift an auction from having no competition effects in bidding to strong bid-reducing competition effects. Seemingly, the procurer appears to face a trade-off between avoiding risk and enjoying bid-reducing competition effects. The difference in competition effects between contracts with fixed and more flexible payment conditions is found to increase with the auctioned project’s expected duration. In terms of government procurement policy, the results suggest that it can be cost-efficient for the procuring entity to share the risk with the contractor in risky projects instead of avoiding risk with fixed price contracts. Whilst this may contradict some common notions regarding government procurement, it is in line with the wide use of flexible payment conditions in private-sector procurement. Arguably, the recent decade’s increased ambitions regarding innovation and sustainability in government procurement adds even further weight to these policy considerations for the risk management of procurers.