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Complex economic activity often involves inter-relationships at several levels of production, often referred to as supply chains or procurement networks. In this thesis we address the problem of forming procurement networks for items with value adding stages that are linearly arranged. Formation of such procurement networks involves a bottom-up assembly of complex production, assembly, and exchange relationships through supplier selection and contracting decisions. Recent research in supply chain management has emphasized that such decisions need to take into account the fact that suppliers and buyers are intelligent and rational agents who act strategically. Game theory has therefore emerged as a crucial tool for supply chain researchers to model, analyze, and design supply chains that are both efficient and stable. In this thesis, we explore cooperative game theory as a framework to model and analyze the formation of efficient and stable procurement networks. We view the problem of Procurement Network Formation (PNF) for multiple units of a single item as a cooperative game where agents cooperate to form a surplus maximizing procurement network and then share the surplus in a fair manner. We address this problem in three different informational settings: (a) Complete information environments, (b) Incomplete but non-exclusive information environments and (c) Incomplete information environments. In the complete information case, we first investigate the use of the core as a solution concept. We show the structural conditions under which the core is non-empty. We then provide an extensive form game that implements the core in sub-game perfect Nash equilibrium whenever the core is non-empty. Secondly, we examine the implications of using the Shapley value as a solution concept for the game when the buyer is also included as a game theoretic agent. Analogous to the mechanism that implements the core, we adapt and construct an extensive form game to implement the Shapley value of the game. In the incomplete but non-exclusive information case, we focus on the incentive compatible coarse core as an appropriate solution concept and show its non-emptiness for the PNF game. In the incomplete information case, we focus on the incentive compatible fine core as an appropriate solution concept and show its non-emptiness for the PNF game. We believe the thesis establishes cooperative game theory as an extremely effective tool to model and solve the procurement network formation problem. 1

<p>In recent years, the general awareness of the environmental impacts that industrial production gives rise to has radically increased throughout the world. Finding ways to minimise these impacts has become a major concern of the authorities in many countries. In order to promote a more sustainable industrial production, different incentives can be used. Among these incentives, the consideration of environmental issues in public procurement is increasingly being emphasised.</p><p>While much attention regarding sustainable procurement has centred on the purchase of products, this thesis focuses on green procurement of construction contracts. The construction industry is a major contributor to environmental pollution. It consumes about half of all resources humans take from nature and accounts for about 25 – 40 per cent of all energy used and about 30 – 50 per cent of all waste generated in OECD countries.</p><p>In the procurement of products, the environmental impacts of the available products can be estimated and compared, for example by using tools such as life cycle assessments. When construction contracts are procured, assessing the suppliers’ environmental capabilities can be more challenging, as the contract to be procured has not yet been performed. However, at the same time, there are considerably more opportunities to steer the construction towards more environmentally friendly alternatives.</p><p>In the thesis, it is suggested that the environmental requirements and the environmental criteria for tender evaluation should be used in combination, in order to safeguard environmental performance in the construction project and at the same time stimulate a green development within the industrial sector. In addition, the role of the client in ensuring that the environmental requirements are fulfilled during construction work is emphasised.</p>

The overall purpose of this thesis is to question the value of the use of models regarding decision-making as it effectively operates within the environment of US armaments procurements. For example, conceptual framework models such as bureaucratic politics, organisational outputs, incrementalism, and others are far too simplistic in their application to this subject - they only tend to distort reality. The thesis argues that the process is far too complex with decisional centres shifting throughout the life of any one given system, thus necessitating a more realistic conceptual approach. Evidence of this is provided throughout the discussion of the organisational processes and the roles of those involved in the procurement process. Moreover, it becomes apparent that those in the highest positions of decision-making (for example, Presidents, Secretaries of Defense, etc.) are at times least likely to be involved in decisions, dependent on the stage of development of the weapon system. Further, other groups (for example, Congress, Joint Chiefs, etc.) commonly perceived as the decisional centres have little, if any involvement during the earlier stages in the life of a weapon system. The possibility of their involvement increases as the system enters what the author refers to as the hardware phase, when monies must be appropriated. In other words, the system becomes politicised and the expertise of those in higher positions becomes salient, because they are chosen for their political and managerial skills - not their expertise in detailed defence matters. Even the weight of their decisions during the hardware phase is questionable due to the fact that lower level "experts", referred to as DoD Components, with longer periods of tenure, are consistently directing upwards their appraisals of new systems requirements, threats, etc., thus setting the parameters for the higher positioned decision maker. Following the description of the organisational processes and the roles of those involved, the discussion turns to the case study of the F-16 to validate these points. The purpose is not to research a case study and then attempt to extrapolate from it axioms of weapons procurement. The exercise is intended to yield credence to the points referred to above.

Large volumes of excavated soil and rock are generated in building- and construction projects. These materials need to be transported longer and longer distances due to the densifications of cities. The transportation affects the environment in terms of noise and emissions, but also makes high demands on road infrastructure. To reduce the transport distances an increased responsibility for the excavated rock generated needs to be taken. Responsibility can be increased through an introduction of means of control. Previous studies describe public procurement as an effective tool to increase the responsibility taken by public authorities. Public procurement is regulated by law but the inclusive of environmental requirements is optional, which makes procurement as a tool flexible. The aim of this thesis is to examine public procurement as a tool to control and reduce the environmental impacts from handling, and specifically transporting excavated rock generated in municipal construction projects. The study consists of a case study conducted in Södertörns eight municipalities and a wider analysis that has been carried out in the regions of Stockholm, Västra Götaland and Skåne. The two studies showed that municipal officials generally do not believe that the handling of excavated rock is a municipal responsibility, it lies in the entrepreneurs self-interest to implement regional mass balances. Entrepreneurs instead, consider it to be a municipal problem that can be resolved only when the municipality begins to take responsibility for the excavated rock generated, by example through developing regional plans. As in previous studies, the result indicates that the supplier and purchaser consider the environmental requirements in the procurement process differently. The thesis identify four different factors, which limits the municipalities ability and willingness to take more responsibility in the procurement process regarding the matter excavated rock from construction. These factors are different political position, short term planning, centralization of the procurement units and lack of national and municipal regulations. The study presents that the knowledge in municipal procurement entities is low when it comes to the handling of excavated rock from municipal construction projects. The major knowledge gaps are probably due to the fact that excavated rock for a long time has been seen as an unwanted issue and interest in managing their materials has therefore been low. The knowledge gap must be decreased before the municipalities are able to develop an ethical maturity and take more responsibility in the management of excavated rock. Increased dialogue between different municipal sections and other stakeholders may increase the knowledge. / OptiMass

The present article treats about the main innovations brought on the direct contracting regimen of the Public Procurement Peruvian New Law. In the author’s opinion, the new law seeks to make public procurement more efficient. Thus, he explains us how, in direct contracting, the law tries to achieve this objective.In that line, the paper explains the cases in which the direct contract proceeds and the formalities and requirements for it. / El presente artículo aborda las principales novedades que trae el régimen de contratación directa de la Nueva Ley de Contrataciones del Estado. Para el autor, la nueva norma busca que las compras del Estado sean más eficientes y nos explica cómo, en la parte referida a la contratación directa, se intenta lograr dicho objetivo. Así, primero se explican los supuestos en los que cabe esta figura, y las formalidades yrequisitos para la misma.

The present article explains the main impediments for being a supplier of State in the actual regulation for public procurements. Then, the author analyses the way a wrong interpretation of the law can turn into a distortion of the legal propose, bringing a number of barriers that, in practice, affect the main goal the public procurement. / El presente artículo nos muestra los principales impedimentos existentes para ser proveedor del Estado en el actual régimen de contratación pública.Acto seguido, el autor analiza cómo una interpretación inadecuada de la norma puede llegar a desvirtuar el propósito para la que fue creada, creando una seria de trabas que, en la práctica, perjudican finalmente el objetivo de las contrataciones del Estado.

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.

Parallèlement à la formation progressive d'un « droit de la commande publique », le contentieux à l'initiative des tiers au contrat a subi une profonde mutation, à tel point que le changement de paradigme opéré tend à faire émerger ce qu'il serait possible d'appeler le « contentieux de la commande publique ». Diverses voies de droit plus ou moins spécialisées dans la sanction des comportements de l'administration face aux exigences de la commande publique ont dès lors été instituées. Le référé pré-contractuel, le référé contractuel et le recours en contestation de la validité du contrat constituent les archétypes du contentieux de la commande publique. Le juge pénal et le juge financier veillent également indirectement à ce que les obligations de publicité et de mise en concurrence qui incombent à l'administration soient respectées. Le juge de l'excès de pouvoir comme le juge administratif saisi à la suite d'un déféré préfectoral visent au respect de cet aspect de la légalité contractuelle. La multiplicité des voies de droit à la disposition du concurrent évincé, tiers privilégié, conduit à s'interroger sur son « embarras du choix» ou son « embarras tout court» à en faire usage. Elle implique en outre de s'intéresser à la protection effective de son droit à avoir participé à une procédure de consultation dans le respect des principes de liberté d'accès à la commande publique, d'égalité de traitement des candidats et de transparence des procédures de passation. La complexité du contentieux de la commande publique à l'initiative des tiers au contrat est telle qu'il est impossible de s'en satisfaire et aboutit à détruire pour reconstruire ce paysage contentieux. / As the same time as the gradual formation of a «public procurement law», the litigation on the initiative of thirds to the contract underwent a profound transformation to such a point that the paradigm shift tends to bring to the foreground what it would be possible to call the « litigation of public procurement ». Various legal remedies more or less specialized in the penalty of the behavior of the administration in front of requirements of the public procurement have been established from then on. The pre-contractual interlocutory procedure, the contractual interlocutory procedure and the action challenging the validity of the contract are the archetypes of the litigation of public procurement. The penal judge and the financial judge indirectly also ensure that the advertising and competition rules which fall to the administration are respected. The judge of the abuse of power and the administrative judge following a prefectoral application for judicial review aim at the respect for this aspect of the contractual legality. The multiplicity of legal remedies available to the foreclosed competitor, privileged third, raises questions about h" « very wide choice » or his « embarrassment as such» to make use of. Besides, it emplies to focus on the effective protection of the right to have participated in a consultation process in the respect for the principles of the free access t public procurement, the equal treatment of candidates and the transparency of procurement process. The complexity c the litigation of public procurement on the initiative of thirds to the contract is such that it is impossible to be satisfied with it and leads to destroy to rebuild this litigation landscape.

Section 217 of the Constitution of South Africa regulates the procurement of goods and or services by any organ of state. Similarly, this section mandates state-owned institutions to adhere to a procurement system that promotes groups that were previously disadvantaged by past colonial and apartheid regimes. In this dissertation I argue that due to South Africa’s oppressive culture, the law has been ineffective in promoting the socio economic interests of black women due to race, gender and class subjugation. Firstly, central to my argument is the judiciary’s traditional role that is still steeped in an interpretative process of the law that is detrimental to the transformative spirit of the Constitution. In identifying the South African judiciary system as positivistic in nature I will critically analyse the Sonke Gender Justice Network v Malema hate speech court case. I posit that the Equality Court’s decision was mainly result based and as a result fell short of addressing the core issues affecting black women on the basis of race, gender and class which mirror the substantial part of the South African socio economic structure. Secondly, in support of my argument, I criticise a legislative framework that perpetuates socio economic disparities at the expense of a group in society it claims to protect. Whilst I will rely on American Legal Realism and Critical Legal Studies in support of my arguments, my main theoretical approach will be based on Critical Race Feminism. Lastly, intersectionality will be used in contextualising the interrelationships of race, gender and class as they impact on black women’s material circumstances in the regulatory legislative public procurement process. When the Constitution came into effect in 1994 South Africa became an egalitarian state. Nevertheless, the country is struggling with the prevalence of unemployment, poverty, HIV/Aids, skills shortages, male violence including rape, to name just a few. These social ills pose a threat to a Constitution that extolls values like dignity, freedom and equality for all. It so happens also that the majority of the people confronted by these socio economic challenges are black women. The tender process faces numerous challenges and by identifying the South African culture as oppressive supported by a legal process that stifles transformation, this study expounds the experiences of black women by engaging in a contextual analysis of the courts and legislation. This consciousness raising exercise is not meant to portray black women as victims or invoking “special treatment” in the legal realm. It resonates with Steve Biko’s theme of black consciousness, being aware of the marginalisation and addressing it. Black consciousness represents an emancipatory state and optimistic outlook. Consciousness raising situates the oppression of black women in any form as a site for struggle, a struggle for social and individual change. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Jurisprudence / unrestricted