Rob Vluggen, Cees J. Gelderman, Janjaap Semeijn, Marc van Pelt
Public agencies feel the need to advance sustainability and use procurement as an instrument to do so. Many studies focused on internal forces, explaining the limited success of sustainable public procurement. This study focused on how external forces are able to hold municipalities accountable for sustainable procurement. Three mid-sized Dutch municipalities were investigated through an extensive document study and 34 semi-structured interviews. The results show minor legal pressure to enforce sustainable procurement. National legislation, guidelines and principles are considered non-binding, due to a lack of penalties in the case of non-compliance. Real pressure stems from lobbying by branch organizations and political pressure initiated by citizens. In contrast with the New Public Management principles, municipalities appear to place more emphasis on legal and financial accountability, in contrast to performance accountability. Accountants mainly focus on legitimacy and the finance department only monitors spending within budget. The hybrid organization of the procurement function seems to impede sustainability development. Only the larger projects are subject to sustainability requirements, set by centralized purchasing departments. Smaller projects, responsible for 2/3 of the total spend are managed by decentralized groups, remaining under the radar of sustainability policies.
The terms governing the provision of supplies, services, or works by an economic operator to a governmental entity are set into a public contract that is signed, following a procurement process. This article explores whether the public administration can utilise smart contracts to incorporate the terms governing the provision of supplies, services, or works. The fundamental elements of a contract are assessed, in order to determine whether a smart contract can be considered as fulfilling these requirements. Following this assessment, the main hurdles to the use of smart contracting are examined and a possible solution proposed. The case for utilising smart contracting within the realm of public procurement is finally advocated.
A smart contract is an electronic transaction protocol intended to digitally facilitate, verify, or enforce the negotiation and execution of the terms of an underlying legal contract designed to fulfil common contractual conditions comprising payments, legal obligations, and enforcement without third parties. Thus, by following the traditional perception, smart contracts target to reduce transaction costs including arbitration and enforcement costs by realising trackable and irreversible transactions by using blockchain technology for distributed databases. However, the potential of smart contracts goes far beyond cost reductions by facilitating the entrepreneurial collaboration of cross-organisational business-processes that are characteristic for smart supply chains. A closer look to existing or ongoing smart contract projects reveals that the majority of smart-contract applications in business life are linked to supply chain management, Internet of Things and Industry 4.0 solutions. The author participated in several EU projects related to transnational entrepreneurial networks and smart supply chains. Thus, the paper discusses the research question of how and to which extent smart contracting and blockchain technology can facilitate the implementation of collaborative business structures for sustainable entrepreneurial activities in smart supply chains. The research is based on expert interviews, surveys and case studies, which took place in the context of the EU projects with a focus on the Baltic Sea Region.
Mawuko Dza, Evan Kyeremeh ., Simon S. K. Dzandu ., Samuel Afran .
The paper probes corruption in public procurement in Ghana. The research, which focused on Metropolitan, Municipal and District Assemblies (MMDAs) across the country, revealed widespread corruption in the public service of Ghana. Notable procurement related corrupt practices unraveled included influence peddling, inflating contract sums, payment for non-existing contracts, deliberate contract splitting, multiple payments for contracts, use of phantom vendors and misapplication of public funds. The study further noted that some principal officers such as Coordinating Directors, Finance Officers, Budget and Planning officers, Engineers, Internal Auditors, Stores and Procurement officers, as well as government representatives misappropriate funds meant for development projects in their catchment areas, while staff looked on unconcerned. The research also discovered how Internal and external auditors ostensibly âtrainâ principal officers on how to conceal corrupt practices in return for money and other rewards. The study is significant because the concept of decentralization was introduced to enable MMDAs to effectively and efficiently manage resources for the development of their communities. The concept has been defeated as some public servants connive with external auditors and other stakeholders to amass wealth at the expense of the generality of the people. A worrying phenomenon is the culture of silence by employees who are witnesses to most of these corrupt practices. Indeed, our findings show that most public servants are nonchalant about the act of corruption perpetuated by colleague workers. Essentially, some employees see nothing wrong with their principal officers and other colleagues indulging in acts of corruption, their reason being that they might do same when they assume similar positions in future. With this revelation, the onus is on government not to only adopt a combative strategy in dealing with the incidence of corruption. Rather, it is recommended that a blend of combative and the moral suasion strategies be adopted if the fight against corruption is to achieve desired results.
In many countries, sustainable public procurement is a powerful tool to reflect on national strategic intentions and promote scientific and technological innovation. Based on the perspective of an institutional structure, we filtered out the core policies. Using policy bibliometrics, we analyzed Chinese public procurement policies on promoting scientific and technological innovation, revealed policy-making characteristics, and concluded that the Ministry of Finance should appropriately decentralize the policy-making work to other relevant agencies of the State Council. This article compares the main policy tools from four dimensions in China, the U.S., the United Kingdom, Japan, Germany, France, and South Korea. We issued these pertinent strategies: establishing the vendor database for small and medium enterprises, developing a grade system and the post-evaluation system, formulating detailed implementation methods for high-tech products (services), and carrying out classification management for imported products. For sustainable public procurement policies on promoting scientific and technological innovation, this article provides an effective reference to organize the agencies and formulate the detail measures. This articleâs research framework could be applied to analyze other industry policies.
ENGLISH SUMMARY : Procurement has been designed to redress some of the imbalances of the past; however, this policy instrument is being abused in some institutions around the country. This abuse has caught the eye of the Minister of Finance who, a few years ago, appointed a Chief Procurement Officer (CPO). This office of the CPO is within the National Treasury and it is tasked with ensuring that procurement, currently known as supply chain management (SCM), is properly managed. One of the causes of deficiency within the SCM environment is decentralisation. This is a method used by various institutions, including Parliament. Decentralisation means that every office is able to procure its own goods and services. This may result in procedures not being followed properly because the people who are trained in procurement or SCM reside in the SCM office. When procedures are not followed properly, this may result in awards of bids being made incorrectly, leading to irregular expenditure and possibly qualified audit opinions. The National Treasury has established a central database for all suppliers. This may curb some of the inconsistencies currently experienced; however, each institution still procures its own goods and services. In the case of Parliament, the database is not being used yet and with programmes in place that take Parliament to the rural areas, the central database may not be efficient. This study aims to give recommendations to ensure the SCM Section is able to support Parliament in meeting its strategic objectives. The study takes into consideration the unique status of Parliament as a People's Parliament and as such it needs to put people at the centre of its operations. This study also wishes to show that as much as the SCM environment is decentralised in Parliament with the necessary controls in place, there has been an improvement in ensuring that the SCM unit is able to play its strategic support role without compromise.
Taiwan, like many other countries, often incentivizes private investors to participate in the construction of infrastructures for environmental protection. The build-operate-transfer (BOT) or build-operate-own (BOO) model of financing public infrastructure was introduced to Taiwan in the 1990s. Among them, the construction of incinerators to treat the municipal solid waste using the BOT/BOO model was quite a success in the beginning. With the socio-technical change of lifestyle and waste generation, the amount of amount of trash dropped dramatically. The policy failed eventually, however, because the government over-estimated the trash quantity and refrained from inter-municipality cooperation to treat trash efficiently. This failure triggered a rash of intense debates and legal disputes. In the case of the Taitung incinerator, the 26th incinerator located in southeastern Taiwan, the arbitration resulted in the government making significant compensation payments to the private sector. The finished construction was consequently converted into a âmothballed and pensioned offâ facility. This study applies in-depth interviews and literature review to discuss aspects contributing to the policy failure and proposes some possible remedial measures. Five aspects are summarized, namely, the administrative organizationâs rigid attitude, the irrationality of the BOT/BOO contracts, the loss of the spirit of BOO partnerships, the heavy financial burden on local government, and the abandonment of inter-municipality cooperation. The remedial measures for the policy failure are presented in the form of thorough policy evaluation, room for contract adjustments under the BOT/BOO model, encouragement of cross-boundary cooperation, and revision of the legal framework for implementing decentralization.
This article entails an innovative approach to smart grid technology implementation, as it connects governance research with legal analysis. We apply the empirico-legal âILTIAD frameworkâ, which combines Elinor Ostromâs Institutional Analysis and Development (IAD) framework with institutional legal theory (ILT), to an empirical case study of a local smart grid project. Empirical data were collected in an exploratory, descriptive example study of a single case, focusing on the Action Situation and interactions towards establishing a local Smart Grid. The case was chosen because of its complexity, following the âlogic of intensity samplingâ. Data triangulation took place combining participatory observation, semi-structured interviews, and document analysis. Through an exploratory case study, we showed how the ILTIAD framework can help reduce complexity in local decision-making processes on smart grid implementation, as it allows for analytical description and prescriptive design of local smart grid systems. In the analysis we addressed ownership arrangements and contracts and identified barriers and opportunities for realizing a local smart grid system. The design part includes a scenario which revealed the prescribed patterns of behaviour (liberties and abilities) and the consequential aspects that apply to each situation. Analysing and designing normative alignment ex ante to the planning and implementation of a smart grid system provides clarity to stakeholders about their current opportunities. For this reason, the ILTIAD framework can be used as a design guideline for establishing new and integrated smart grid projects.