Le sujet de cette thèse de doctorat est la mesure de la corruption. Ses principales contributions à la recherche en économie sont une réflexion sur la pratique actuelle de construction d'indicateurs de la corruption à partir d'enquêtes d’entreprises, et la suggestion d'approches innovantes visant à améliorer la qualité de ces indicateurs. Cette thèse est composée de trois chapitres. Le premier chapitre examine la mesure dans laquelle demander à des propriétaires et gestionnaires d’entreprise d'évaluer la magnitude de la corruption en pourcentage de leur chiffre d'affaires ou en termes monétaires influence leurs estimations, et les raisons expliquant cette différence. Je confirme des résultats antérieurs que les estimations de la corruption sont significativement plus élevées lorsqu'elles sont exprimées en pourcentage de chiffres d’affaires plutôt qu'en valeur monétaire. Ce résultat est vraisemblablement causé par une erreur de calcul de la part de certains répondants. L'expérience dans la gestion d'entreprise limite cette propension à l'erreur, sans toutefois l'éliminer complètement. Le deuxième chapitre évalue comment les chefs d'entreprise ayant remporté des marchés publics considérés à risque de corruption se comportent vis-à-vis d'une enquête sur les marchés publics. Je conclus que les entreprises ayant une plus grande expérience de la corruption ne sont pas plus susceptibles de refuser de participer à l'enquête ou de répondre à une question leur demandant d'estimer la magnitude de la corruption, mais ont une probabilité plus élevée que les autres de nier l'existence de corruption dans les marchés publics. Le troisième chapitre propose une approche innovante d'identification des répondants réticents dans les enquêtes d'entreprise et de correction des indicateurs de fréquence de la corruption. / The topic of this doctoral thesis is corruption measurement. Its main contributions to economic research are a reflection on the current practice of producing corruption indicators using business survey data, and suggesting innovative approaches to improve the quality of those indicators. This thesis is composed of three Chapters. The first Chapter investigates how asking firm owners and managers to estimate the magnitude of bribery as a percentage of their turnover or in monetary terms affects their estimations and the reasons for this difference. I confirm previous findings that estimates of bribery are significantly higher when expressed as a percentage of turnover rather than in monetary value. This result is likely due to miscalculations on the part of some respondents. Experience in running a business appears to mitigate this propensity to error, but without eliminating entirely. The second Chapter evaluates how firm owners and managers which were awarded public contracts considered at risk of corruption behave in responding to a survey about public procurement. I conclude that firms with more experience of corruption are no more likely to decline participating in the survey or to answer a question asking them to evaluate the magnitude of bribery, but have a higher probability to deny the existence of bribery compared to firms with less experience of corruption. The third Chapter suggests an innovative approach to identify reticent respondents in business surveys and to correct indicators for the frequency of corruption accordingly.

A Sustentabilidade vem se sedimentando como diretriz das compras e contratações públicas, principalmente, após o surgimento da ideia, de que ao Estado cabe reduzir e eliminar padrões insustentáveis de produção e consumo nas suas tomadas de decisões. O objetivo deste estudo foi analisar se o Conselho Nacional de Desenvolvimento Cientifico e Tecnológico pratica a sustentabilidade, por meio das compras e contratações, considerando os constructos das dimensões do desenvolvimento sustentável e as diretrizes preconizadas na legislação brasileira. O método aplicado nesta pesquisa se constituiu em um estudo de caso, exploratório e descritivo, que envolveu a análise entre as variáveis: “contratações públicas” e “critérios de sustentabilidade”. Utilizou-se da pesquisa bibliográfica e documental para a coleta dos dados. Quanto aos processamentos dos dados, utilizou-se da técnica de análise de conteúdo. Os resultados mostram que, ao longo de 2011 a 2015, a variável da sustentabilidade, em suas dimensões - social, ambiental e econômica, tem sido, gradativamente, incorporada aos editais de compras e contratações. Adicionalmente, aponta-se a carência de estudos e de informações, sobre o ciclo de vida de bem ou um serviço sustentável, como barreira ainda a ser enfrentada. / Sustainability has become a solid criterion for public purchases and contracts, especially after the dawn of the concept that the responsibility of reducing and eliminating unsustainable standards for production and consumption falls on the Government. The objective of this study was to analyze whether the National Council of Scientific and Technological Development practices sustainability throughout its purchases and contracts, considering the construct of sustainable development and the guidelines that were preceded by the Brazilian legislation. The method used in this research consisted of an exploratory and descriptive case study, that encompassed the analysis of the variables: “public biddings” and “sustainability criteria”. The data collection used records and bibliographic research. As for the data processing, the technique used was that of content analysis. Results show that, between 2001 and 2015, the sustainability variable in all its dimensions – social, environmental, and economic, has been gradually introduced to the notices of biddings and contracts. Additionally, it points to a lack of studies and information about the life-cycle of goods or sustainable services as a barrier yet to be faced.

The goal of this thesis is to show that institutional and procedural characteristics are affecting the final price of the public procurement. In order to be able to compare the tenders among each other, only public procurement of homogeneous goods is analyzed. The presented model attempts to explain a variation in final price per one unit as a function of estimated unit price, market price and characteristic of procurement procedure - type of procedure, number of bidders and use of electronic auction. In case of electricity and gas public procurement final price elasticity with respect to the estimated price tents to be higher than such elasticity with respect to the market price. This result suggests high rigidity in public procurement procedures. We show that such ineffectiveness is reduced by using open procedure, electronic auction or attracting more bidders.

Concession agreement and concession procedure The aim of this thesis is to analyse the valid legal regulations concerning the concession procedure and concession agreements that form the legal framework of the PPP projects in the strict sense, and to identify its key issues. The first chapter of this thesis concerns both the European and Czech sources of law relating to the concession procedure. On the European level, the role of primary law is being considered, followed by the sources of secondary law and the influence of decisions of the Court of Justice of the European Union. On the domestic level, the thesis is focused on the regulation contained in the Concession Act, specific kinds of concessions regulated in special acts and on explanation of the relation between the Concessions Act and Public Procurement Act. Chapter two examines the relevant concepts of law, which determine the personal and substantive scope of the concession procedure with accent on the definition of the concept of "concession", resp. concession agreement, and basic principles which originate from the European primary law and apply both to the concession procedure pursuant to part II of the Concessions Act as well as awarding concessions that are not subject to the regulation in the Concessions Act. Chapter three analyses...

Os pregoeiros são os servidores responsáveis pela condução dos processos licitatórios de aquisições e contratações dos órgãos públicos no Brasil. A função de pregoeiro, apesar de sua complexidade e importância à eficiente utilização dos recursos públicos, vem sendo negligenciada pelo Estado. Até o momento não há uma carreira específica ou remuneração condizente ao risco dessa atividade. Os métodos e análises realizadas por este estudo, à luz dos Estudos Baseados em Prática (EBP) e do knowing-in-practice, permitiram melhor visibilidade aos elementos tácitos que compõem os saberes os pregoeiros desenvolvidos no seu cotidiano de trabalho. Partindo da identificação e descrição de suas práticas de trabalho, a função pregoeiro caracteriza-se pelo acúmulo e sobreposição de atividades, dificultando assim desenho de um perfil para a mesma. Outra característica inerente a função é a presença de uma forte estrutura normativa a qual norteia e permeia esse trabalho. A partir dos discursos dos entrevistados, constatou-se que o Curso de Formação de Pregoeiros demonstrou-se insuficiente para desenvolver as habilidades de negociação e conversação e os aspectos atitudinais da atenção, equilíbrio e retidão necessários à sua prática. Assim, a aprendizagem no cotidiano de trabalho dos pregoeiros ocorreu de forma situada através dos conhecimentos informais e tácitos, compartilhados por meio das interações sociais entre os servidores, facilitada pela estrutura em rede dos Institutos Federais de Educação, Ciência e Tecnologia (IFs) (instituições pesquisadas), fóruns e comunidades de praticantes, confirmando assim a perspectiva do knowing-in-practice. Afirma-se então que o desenvolvimento dos saberes do pregoeiro não está descolado de suas práticas de trabalho. A partir dos elementos identificados neste estudo, sugerem-se ações para melhoria das condições de trabalho, desenvolvimento e reconhecimento profissional do pregoeiro. Um olhar mais sensível da sociedade e dos representantes políticos é necessária, dada a importância estratégica do papel do pregoeiro na garantia da qualidade do gasto público. / Public Procurement Officers are the public servers responsible for conducting bidding processes of acquisition and hiring for public organs in Brazil. The main duty of the Public Procurement Officer, despite its complexity and importance to the efficient use of public resources, has been neglected by the state. Still, there is no specific career or equitable salary which represents the risks of this activity. The methods and analysis made by this study, considering Practice-Based Studies (PBS) and of knowing-into-practice, allowed a better visibility in the tacit elements that build the knowledge Public Procurement Officers have developed in their daily work. Starting with the identification and description of their practices at work, the Public Procurement Officer function is characterized by the accumulation and overlapping of activities, making it difficult to draw a proper profile to the function. Another intrinsic characteristic of the Public Procurement Officers' function, which directs and permeates this paper, is the presence of a normative structure. Through the speech of the interviewees it was possible to state that the Basic Training Course Public Procurement Officers take is not sufficient to develop the negotiation and reasoning skills and the attitude of attention, balance and rectitude needed to the practice of this function. Therefore, the Public Procurement Officers’ learning process happens throughout informal and tacit knowledge, shared through servers’ social interaction – facilitated by the structure in network from Federal Institutes of Education, Science and Technology (FIs) (institutions where the research took place), online forums and communities, corroborating the knowing-in-practice perspective. It can be stated that the knowledge development of Public Procurement Officers is not disconnected to their practice. Based on the elements identified in this study, some actions are suggested to improve the working conditions, development and recognition of the Public Procurement Officers. A more sensitive consideration from society and from political representatives is necessary, given the strategic importance of Public Procurement Officers’ role in assuring the public money is being well spent.

The status of persons placing public contracts in specific sectors Abstract The topic of the thesis is the position of the utilities contracting authority. Although the new regulation, ie Act No. 134/2016 Coll., On Public Procurement, as amended (the "Act") does not explicitly include the term "utilities contracting authority", the concept of public procurement regarding utilities has remained de facto preserved. To emphasize not only this but also some other vital facts, the thesis compares the contemporary legislation with the previous legal regulation of the matter. At the same time, the thesis attempts to take a comprehensive approach to the area of public sector (utilities) procurement and its specifics, in particular through comparisons of legislation affecting the award of utilities public procurement and oteher public procurement in general. In the first part of the thesis I define concepts that are fundamental to the subject of this thesis, ie terms such as "contracting authority", "public contract", "dominant influence", "special or exclusive rights"or "relevant activity. Other parts of the thesis are devoted mainly to utilitis specifics and "reliefs". Gradually, I first draw attention to the obligation of the contracting authority to award only an above the treshold utilities public procurement...

<p>Africa is a poor continent with many of the worlds least developed countries. The latest years the Swedish export to Africa has diminished, at the same time Sweden continues to be a big contributor of aid funds to the continent. However, trade in all its form contribute to prosperity in the trading countries which indicates that the trade with Sweden could help Africa to develop into a bigger and more important economy. Also, since trade increases a country’s welfare, both the Swedish and African societies could benefit from an increased trade between the countries.</p><p>By getting involved in public procurements in Africa the Swedish companies would get an economic security in the otherwise quite risky market. The public procurements could also mean a way to enter the market or to increase the market shares in Africa. This Thesis is focused on public procurements from the African Development Bank, mostly since Sweden is a big contributor in the bank but only a few Swedish companies has won contracts from the bank and also because many studies has not been made regarding their procurement process.</p><p>By using theories mainly from project marketing and networking, the market of public procurements in the African Development Bank, the process and the ways to succeed on this market has been studied.</p><p>It has been showed that the competition for the procurements from the bank is hard, and that the Swedish companies have not been successful. There are many underlying reasons for this, one of the most important being the fact that the Swedish companies have not even been interested in participating in the procurements since they find the market, the process and the bank to complicated. New possibilities are emerging on the market with the African Development Bank improving the efficiency of the procurement process, more lobbying being performed from the Swedish Foreign Ministry and also the growing African market, which makes this market more interesting and could mean new opportunities for the Swedish companies.</p><p>To improve the Swedish statistics in winning contracts from the bank the Swedish companies need to improve their networking to a great extent. Personal contacts and relationships are extremely important in making business in Africa and also when making bids on procurements from the bank. From the relationships in Africa, the Swedish companies can receive early information about upcoming projects in order to prepare the bid and market the company early. The Swedish companies must be more proactive in their marketing and visit Africa more often, as well as matching the needs with their offer to a better extent than today. It is important for the companies to have a long-term strategy when entering the African procurement market and not to resist too easily. Hard work and many resources will be spent before being awarded with the first contract and thereafter one success will lead to others.</p>

Background: It is necessary for a company to hold some unique and irreplicable competitive advantage in order to be able to succeed in a market. In a market where public procurement is an important part the competitive advantages will be characterized by the fact that some of the participants on the market are public organizations and that their actions as for procurement fall under the legislation LOU. The characteristics of competitive advantage also depend on and change with continuous changes on a market. Purpose: The purpose of this thesis is to study the competitive advantages that are presenton a current market characterized by public procurement and how these are created. The purposes is also to based on the trends on the market today study and predict the nature of the competitive advantage on the market in the future as well as the changes that we think will occur on the relevant market. Realization: We have performed a case study of the market for enteral nutrition where data have been gathered from interviews with participants in the market and from studying the law of public procurement. The data is gathered and analysed based on an adapted model that we have derived from two theoretical perspectives of competitive advantage. The model that looks to the nature and the origin of competitive advantage has been tested and evaluated through application on the market. Results: Strategic assets are of great importance in order for a company to create a competitive advantage in the form of being established, relations, being established in municipalities and the offer on the market of enteral nutrition today. These strategic assets and competitive advantages will in the future be characterized by the trends that are present on the market today. These trends are identified as an increasing knowledge, products for specific diseases, cooperation, limited procurements, alternative distribution channels and working towards the patients. The creation and the nature of competitive advantage is shaped by an interaction between the resources and capabilities of the firm and the needs and the needs and the demands of the market.

This thesis describes and analyses public procurement and its processes in general against the framework of industrial marketing and purchasing. In particular, it focuses on the public procurement of telecommunications (“telecom”) and its effects on the de-monopolization and development of the Swedish telecom market based on empirical material from three case studies, interviews and publicly available written sources. Public procurement is a significant part of any country’s economy. There is a plenitude of publicly available data due to Sweden’s and other public administrations’ transparency policies. Despite this fact, public procurement has been poorly covered in business administration literature when compared with the private sector’s purchasing and selling activities. This thesis tries to bridge the theoretical gap between knowledge of purchasing in business-to-business (“B2B”) and public procurement. Public procurement can be considered as a special type of B2B transaction and, particularly in the case of bigger procurements, of project purchasing. The important difference is that public procurement must follow specific and stricter legislation compared with the private sector’s purchasing activities. Among other things, public procurement law restricts contact between the procuring organisation and tenderers in some phases of the procurement process, allows no changes after the publishing of the Request for Proposal and opens the possibility to appeal to the court if any party considers that the procuring organisation has not acted in accordance with the public procurement rules. The telecom market has, over a period of thirty years, been transformed from a monopoly with practically no choice to a fully competitive market with several service and equipment providers as well as different pricing schemes and competing technical solutions. The development of the Swedish telecom market can be divided into four stages: Full monopoly, partial de-monopolization, full competition and system integration. The main driving forces behind this development have been the political decision to liberate the telecom market and achieve full competition as well as rapid and diverse technical development, which includes the introduction of mobile communication, broadband and Internet. At the same time, the dependency on well functioning telecom in the public sector is constantly increasing due to political agendas such as agencies availability 24 hours 365 days (“24/7 agency”), use of telecom as a means of rationalization and increased internal efficiency as well as new usages in areas that previously were not using telecom in their daily routines. The public procurement of telecom has changed from being a relatively simple administrative issue through being of technical concern to becoming more and more of strategic importance, especially in case of outsourcing and/or procuring system integration from a prime contractor.

This study investigates if a company’s brand identity can be used to influence public authorities in public procurement by possible discretions in the procurement rules, and the importance of this meaning increased business opportunity. The subject of the work, branding in public procurement, is unexplored and may be of interest to a larger market. The study approaches an inductive, explorative, single case study. Literature studies forms a theoretical framework that is combined with interviews with representatives from both public authorities and a company. The study finds that a company can use the part of Brand Identity named Image. To be successful, a company’s image expresses what is important and desired from an authority: security, trust, long-term focus and stability. This reduces the authority’s perceived risk and increases its security, and makes the company a more attractive choice. The study also finds that it is impossible to directly influence an ongoing procurement process. The study is limited to the defense market and procurement of large technical advanced systems, not commodity products. The study focuses on the direct relations between the procuring authority and the tendering industry. It will not discuss the involvement of political forces and their actions, e.g. counter-trade. Possible future research is the following suggestions: Investigation of how political forces have impact on international/ intergovernmental business. This could include the correlation between the size and magnitude of the procurement and political involvement. Investigation of the relationship between the compliance of international procurement rules, the favoring of domestic suppliers, and a nation’s position on Transparency International’s Corruption Perceptions Index. A third extension of this work is to extend its scope to encompass other products or business areas, and make the result more general. The study contributes with knowledge about how branding has influence on public procurement. The result may be of interest to companies, active in the defense market, wanting to increase their competiveness, and for authorities that wish to improve their ability to implement good procurement practices.