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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
11

Государственная контрактная система России: проблемы и направления их решения : магистерская диссертация / State contract system of Russia: problems and directions for their solution

Проничева, Е. Н., Pronicheva, E. N. January 2020 (has links)
The master's thesis is dedicated to improving the contract system of the Russian Federation. The explanatory note consists of an introduction, 3 chapters and a conclusion. The first chapter examines the theoretical issues of the functioning of the public procurement system in the Russian Federation, as well as examines the existing problems, examines the foreign experience of organizing the contract system. The second chapter analyzes the public procurement system in Russia, concludes that there are some problems, examines methods for assessing the effectiveness of public procurement, and evaluates the effectiveness of the system using the example of the Sverdlovsk region. The third chapter proposes directions for the development of the public procurement system in Russia, calculates the expected effect on the result of the proposal. / The master's thesis is dedicated to improving the contract system of the Russian Federation. The explanatory note consists of an introduction, 3 chapters and a conclusion. The first chapter examines the theoretical issues of the functioning of the public procurement system in the Russian Federation, as well as examines the existing problems, examines the foreign experience of organizing the contract system. The second chapter analyzes the public procurement system in Russia, concludes that there are some problems, examines methods for assessing the effectiveness of public procurement, and evaluates the effectiveness of the system using the example of the Sverdlovsk region. The third chapter proposes directions for the development of the public procurement system in Russia, calculates the expected effect on the result of the proposal.
12

兩岸政府採購之政治經濟視角研究 / A Study on Cross-Strait Government Procurement:from the political and economic perspective

李勝楷, Li, Shenh Kai Unknown Date (has links)
在世界貿易組織(WTO)的架構之下,各國對於政府採購的行為逐漸多所重視,因政府機關兼具有公權力行使單位,而以不同之民事主體身分到市場上購買貨物、勞務等的採購行為,進而影響國家的財經政策,並隨著政府行政部門在國家活動中的加強作用,政府採購金額不斷的擴大,政府採購職能也由簡單的節約公共資金和提高公共資金使用效率,拓展到政府解決貧困、扶持弱勢產業甚至走出經濟的低潮等等。當國家利用政府採購功能解決前述問題,進而影響國際自由貿易,產生國際經濟往來時的自由貿易壁壘,政府採購就成了國際經濟貿易規則所欲約制的對象。 政府採購協定(GPA),是WTO架構下的複邊協定之一,我國在2009年加入後,開啟了政府採購制度的新頁,也使我國廠商得以進入其他會員國的政府採購市場。中國大陸自2001年加入WTO時,就承諾加入的原則及立場,迄今尚未入會。 中國大陸實施政府採購法之前,對於政府採購規範的相關資料甚少,然中國大陸依其政治經濟的影響力,不論是掌有各經濟體之各國外債,或者國家之間所簽署的投資合作協議,甚至各國家、各經濟體都渴望中國大陸政府出手投資或挹注資金以解決其國內經濟問題的情況之下,中國大陸透過GPA尋拓商機的需要,與各國覬覦中國大陸的政府採購市場,在競爭當中產生有趣的博奕現象。 本文從兩岸相關政府採購制度沿革、政治經濟的發展過程、加入政府採購協定的相關資料,探討政府採購執行及台商參與中國大陸政府採購所發生的問題。 / Within the framework of the World Trade Organization (WTO), countries are paying more attention to the government procurement. The government agencies, despite being public authority bodies, act as civil subjects as well while purchasing merchandise and services in the market, hence the government procurement can affect a country's financial policy. Moreover, as the executive departments dominate national activities and the procurement amounts grow constantly, the functions of government procurement extend from saving public funds and improving their efficiency to addressing poverty, supporting declining industries and even overcoming the economic downturn, etc.. As long as the government procurement are used to solve the mentioned problems, and consequently trade barriers are set on free trade in terms of international economic exchange, government procurement become an object of international trade regulations. Government Procurement Agreement (GPA) is a plurilateral agreement under the framework of the WTO. Taiwan's accession to the GPA in 2009 not only turned a new page on our government procurement system, but also entitled our suppliers to enter the government procurement market of other Member States. On the other hand, the PRC is not yet a GPA member state, despite its policy and commitment to join since the accession to the WTO in 2001. Little information is available on government procurement specifications before the implementation of government procurement law in the PRC. Nevertheless, the PRC has great political and economic influence with its investment in the foreign debts of other economies, the investment cooperation agreements it signed with other countries and the fact that many economies are expecting its investment or capital injection to help them out of the domestic economic difficulties. It is under this circumstances that China wants to expand business opportunities through the GPA while other countries are eagerly eyeing the Chinese government procurement market. Their competition forms an interesting game phenomenon. In this dissertation I compile relevant information to compare the cross-strait government procurement system evolution, their political and economic development process and their accession to the Government Procurement Agreement. I also have interviews with government procurement officials from both sides of the strait, participating suppliers and Taiwanese businessmen in order to study the issues that occur when government procurement projects are implemented and when Taiwanese businessmen get involved with the PRC government procurement.
13

Le droit des marchés publics en France et en Chine dans le contexte de la globalisation : entre libéralisation et utilisation stratégique des marchés publics / Chinese and French government procurement system in a globalized context : between liberalization and strategic use of government procurement

Chen, Tianhao 13 October 2017 (has links)
Aujourd’hui, tant en France qu’en Chine, les marchés publics sont de plus en plus utilisésdans la perspective stratégique, visant à poursuivre des divers objectifs de politiques publiques.Néanmoins, une telle utilisation stratégique devra inévitablement affronter la logique libérale inhérenteau régime des marchés publics, qui ne se traduit pas seulement par le régime traditionnel libéralisésous la logique de finances publiques, mais aussi par le régime découlant récemment de l’ambition del’ouverture des marchés publics à la concurrence globale. Ainsi, parachever un équilibre entre cesdeux exigences devient un problème crucial, notamment lors de la formulation des normes juridiquesglobales en la matière. Bien que, à cause de la vague de globalisation juridique, une homogénéité peutdéjà être identifiée à la fois dans l’utilisation stratégique et la libéralisation des marchés publics entrela France et la Chine, cette tendance à la convergence n’est pas imposée par des méthodes d’équilibreadoptées dans ces pays. De surcroît, en se basant sur les particularismes nationaux du droit chinois, lesméthodes d’équilibre adoptées en Chine bénéficient d’une légitimité intrinsèque. Il est ainsiimpossible en l’état actuel d’inciter les pouvoirs publics chinois à se détourner en convergeant avec lesméthodes d’équilibre adoptées en France. / In the contemporary era, whether in China or in France, government procurement isincreasingly employed in strategic use in order to pursue numerous policy-based objectives. However,this mode of policy-based utilization would be inevitably in conflict with the liberal logic inherent tothe system of government procurement which is not only present in the financial logic of traditionalliberal systems but also used to establish a government procurement system open to globalcompetition. Thus, how to balance the conflict between liberalization and policy orientation in thefield of government procurement is a crucial problem which should be solved in global governmentprocurement norms. However, on the one hand, with the process of legal globalization, Chinese andFrench government procurement systems are largely homogeneous in terms of liberalization andpolicy orientation. On the other hand, the methods they use to balance the conflict betweenliberalization and policy orientation remain different. At the same time, because of the specificity ofthe Chinese judicial system, the Chinese equilibrium methods have their own legitimacy. In the currentcircumstance, it is impossible for the Chinese public authorities to abandon their own equilibriummethods to seek convergence with the French equilibrium methods.
14

Staatskontrakte ter verkryging van goedere, dienste en werke

Labuschagne, Jacques 04 1900 (has links)
Text in Afrikaans / The study investigates legal and administrative aspects of the interaction between public sector and private enterprise effected by state procurement of goods and services. South African government contracts are, despite their elaborate regulation by statutory and administrative prescription, regarded as the subject matter of the private law of contract. In this regard, they may be distinguished from the contrats administratif of the French and related legal systems and resemble their British and, more closely, federal American counterparts. Important aspects of government procurement, notably the contractual capacity of organs of the state, those administrative procedures which precede the conclusion of agreements with contractors, and the right reserved to the state to rescind, in the public interest, a contract duly entered into, are nevertheless to be determined by the principles of administrative law. The budgeting, audit and parliamentary control of procurement expenditure, along with the invitation of suppliers' bids and the award of contracts, are the principal administrative aspects of the study and are analysed in Chapters III and IV. The pricing of government contracts in South Africa is, with scant exception, determined by competitive tender. Restrictive trade practices and bid preferences awarded by procuring agencies in the pursuit of socio-economic policies were found, in Chapter V, to impede the operation of free market forces. The law of contract features most prominently in the performance of contracts and is examined in Chapter VI. The discussion, depicting the essential provisions of six standard form contracts commonly employed by government for stores and works, is fairly concise. References to British and American procurement law and practice, a consistent feature of the study, are, however, extensive. In South Africa, the settlement of procurement disputes is generally entrusted to the ordillary courts. Chapter VII deals with a number of special remedies accorded to the state, procedural prerequisites for the institution of civil actions against the state, and alternatives to litigation, especially arbitration and administrative appeal. The final chapters survey the efficacy of procurement as an instrument of socio-economic policy, and advance a few recommendations regarding the proper law and more efficient administration of government procurement. / Constitutional, International & Indigenous Law / 1 online resource (306 leaves) / LL. D.
15

Study of the Implementation of Government Procurement Act in Schools

Jheng, Shu-Fei 08 August 2011 (has links)
Since Taiwan's inroad into the WTO and the drafting and actual implementation of the Government Procurement Act, the whole epoch and context including politics, social situation, economy and culture, etc. have changed dramatically. As the 21st century is a time for the prosperity of e-businesses, procurement cases processed by government agencies within a country may be promptly and easily communicated anywhere in the global village. True as it is, the establishment of a comprehensive set of procurement regulations is deemed more important, so that the government procurement work can be carried out in an even more open, just and impartial manner. School procurement, in particular, plays an important role in the whole segment of government procurement. The study started off with an eye on the traditional procurement system¡DThe old procurement regulations prior to May 27th¡A1999 were discussed to shed light on the predicament of ambiguous delineation of rights and responsibilities in regulations, undefined competent authority in charge of procurement, and scattered and unconsolidated procurement regulations and rules, etc. As Taiwan went with the global economic trend and joined the WTO, and out of political consideration, as well as the hope of showcasing her administrative success in the international arena, the Government Procurement Act was then drafted and implemented to overcome the aforesaid problems, and professionalize the procurement work.The procurement regulations and system of the Hou Jia Junior High School werediscussed with reference to the five frameworks of administrative law ¡V basic principle, administrative organization, administrative competence, administrative remedy and administrative supervision. At the same time, literature review, historical statement, comparative analysis and inductive analysis were adopted as the research methods. This is to find out whether there is room for improvement in the ¡§procurement regulations and system of the national junior high schools¡¨ in light of the five frameworks of administrative law. Hence, the research results were concluded on the future provisions and actions relating to the procurement regulations and system of national junior high schools. Specific recommendations were then proposed as a reference for the competent authority, schools, procurement staff and future studies.
16

A Study of Government procurement system of medical devices on the impact development

Tseng, Wen-Ern 22 August 2011 (has links)
The study is based on the views of medical equipment agent industry, to discuss the transition and development of government procurement system and the effect on industry benefits, disadvantages by public policy. Both "political" and "economy" are the purposes of Government Procurement Law (GPL). Government procurement operations have to be political fairness and the economic benefit at the same time. The dilemma for GPL design is to prevent abuse, which is far away from the public policy object, and to avoid interfering with the operation of free market. In this thesis, open information of Ministry of Economic Affairs and Public Construction Commission, data from newspaper, papers, government laws, and the experiments of medical instrument agents were involved to study the relationships and interactions between themselves. This research studies on the operation of GPL through literature review to confirm the questions and framework for the qualification, specification, prices. We interviewed four senior medical equipment suppliers (OEM, agent) for data analysis and collection. Between the competitive structure of market and non-market environment, enterprises are focus to achieve the best business interest and the highest efficiency, however, they are at a loss in the conflict of public policy spirit and the operation of the law. On the limitation of bureaucratic culture and regulatory constraints, how to strengthen government ¡§procurement management", to formulate a integrity, flexible, and authorized procurement system is very important. We think there is very large space to improve whole medical industry, and some advices was brought out in government procurement enhancement, medical instrument industry development, and the benefit of people health. All public policies and rules need to combine with reality and current status. If we only consider theoretical reduction, but ignore the influence of reality, all laws will be a mere formality and useless. GPL is a ¡§law of large numbers¡¨ which has large difference in variety of industries and may need to modify in the change of environment. If GPL was modified roughly, even a good law would be canceled out. Business managers need have ability to manage political environment, to dealing with emergency, and to maintain and create competitive advantages by adapting political environment and laws. The development of medical equipments is a business that is combined with technical innovation, high R&D risk, public interests, and economical interests. Governments need assist and guide the direction of GPL correctly, and only for that, the dreams for building the Taiwan Biological Technology Island can come true.
17

Research of the R.P.T.I. International L.T.D. the suspended punishment to close down Porter diamond model

Liu, Yung-Chieh 14 August 2012 (has links)
Construction ¡§traffic control system of high-speed road network Northern traffic information management and coordination command center systems engineering" Vendor, RPTI, due to execute his right to stop, causing to others under construction engineering progress into delay or even halt, Furthermore, causing irreparable damage to the public interest. This action will also affect either the progress to be procrastinating, or failure of the entire project of construction plan. In a word, it stalls off the development of the ITS industrial. This paper aimed at studying the case manufacturers suffer administrative relief and derivative right to stop financial crises, and finally to the brink of bankruptcy. Stopped right disputing caused by uncertain legal concept of cognitive difference. Once the vendor has been suspended for the execution of the contract likely to have non-compliance or abuse of the fact that compliance; legal system face the compliance phase of the case as a stop right to the subject, but also derivative is easy to mediation and complaint competing, as well as administrative litigation court rejected status; complaint Review lengthy process to consider the judgment as if the provisions of the appeal decision has resulted in the responsible entity procurement operations distress. The vendor will be published in the Government Procurement Gazette by the responsible organization. As the result, it might be more difficulty to maintain the business; moreover, the published not only announce to loss of right of government bidding; even worse, will affect the company¡¦s Goodwill and survival of business. The Suspended punishment of the Government Procurement Law system, whether is appropriateness, and the further influencing factors of overall competitiveness. Made by MICHAEL PORTER¡¦s diamond theory, "stop right" under the "other external factors opportunities (opportunity and Government policy) "An analysis of the State ITS industrial competitiveness. Diamond combination of the four factors is well and available, but opportunities exist does not necessarily help to enhance the competitiveness of industry, but counterproductive injury, will allow businesses or companies collapse, or even disappear. As the ITS industry as the government established policy of the Department of National Infrastructure, the opportunity this factor evolved out of the results of the company, the enterprise, the whole industry chain and even the country's competitiveness will be immeasurable. Therefore, this article will discuss actual cases of the case manufacturer¡¦s discussion. RPTI is to the brink of bankruptcy, forced to dissolve, engineers, technicians. Subsequently, a large number of employees left, the company¡¦s core values (the process of information technology and intelligent transportation systems technology and system integration capabilities) gone, the competitiveness of the domestic intelligent transportation industry will thus setback
18

An Empirical Examination of an Integrated Model of the Factors Affecting Utilization of Electronic Tendering Technology br End-Users

Chen, Chun-Wei 02 July 2001 (has links)
Public services in Taiwan have experienced redundancies, cost cutting, closure of operations, and challenges to the quality of their services to diverse populations. Among the tasks of electronic government, electronic commerce, a mechanism of buying and selling goods and services, and transferring funds through digital communications, is the most visible trend of the information technology related changes over the last few years. Accordingly, the electronic government procurement system, an internet-based service for electronic government purchasing and information sharing, has been developed and provided to the public since 2000. Ideally, with the help of Electronic Tendering System, a subsystem of the electronic government procurement systems, tremendous paper work will no longer be necessary for companies doing business with government, and the administrative efficiency will be improved significantly. In addition, under the design of online biding procedure, the chance of procurement fraud may be limited as well. The purposes of this paper are as follows: 1. Discuss the ongoing promoting programs of electronic government procurement internationally. 2. Analyze the key factors of the establishment and implementation of the Electronic Tendering System locally. 3. Propose strategies for the implementation of the electronic government procurement system. In this paper, we discuss the essence of electronic commerce and introduce the international opportune movement for government departments to reinvent their organizations by implementing electronic procurement systems. In particular, we examine the antecedents of the technology usage in the context of an integrated model. Answering what the key factors of the successful information systems are is crucial to the development an effective electronic government procurement system program.
19

A Study of Procurement Tendering Procedures of Public-owned Enterprises ---- A Case Study Approach

CHEN, PHOENIX 20 December 2001 (has links)
none
20

Staatskontrakte ter verkryging van goedere, dienste en werke

Labuschagne, Jacques 04 1900 (has links)
Text in Afrikaans / The study investigates legal and administrative aspects of the interaction between public sector and private enterprise effected by state procurement of goods and services. South African government contracts are, despite their elaborate regulation by statutory and administrative prescription, regarded as the subject matter of the private law of contract. In this regard, they may be distinguished from the contrats administratif of the French and related legal systems and resemble their British and, more closely, federal American counterparts. Important aspects of government procurement, notably the contractual capacity of organs of the state, those administrative procedures which precede the conclusion of agreements with contractors, and the right reserved to the state to rescind, in the public interest, a contract duly entered into, are nevertheless to be determined by the principles of administrative law. The budgeting, audit and parliamentary control of procurement expenditure, along with the invitation of suppliers' bids and the award of contracts, are the principal administrative aspects of the study and are analysed in Chapters III and IV. The pricing of government contracts in South Africa is, with scant exception, determined by competitive tender. Restrictive trade practices and bid preferences awarded by procuring agencies in the pursuit of socio-economic policies were found, in Chapter V, to impede the operation of free market forces. The law of contract features most prominently in the performance of contracts and is examined in Chapter VI. The discussion, depicting the essential provisions of six standard form contracts commonly employed by government for stores and works, is fairly concise. References to British and American procurement law and practice, a consistent feature of the study, are, however, extensive. In South Africa, the settlement of procurement disputes is generally entrusted to the ordillary courts. Chapter VII deals with a number of special remedies accorded to the state, procedural prerequisites for the institution of civil actions against the state, and alternatives to litigation, especially arbitration and administrative appeal. The final chapters survey the efficacy of procurement as an instrument of socio-economic policy, and advance a few recommendations regarding the proper law and more efficient administration of government procurement. / Constitutional, International and Indigenous Law / 1 online resource (306 leaves) / LL. D.

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