Legal aspects of public procurement in India

Legal aspects of public procurement in India
Author: Vishnu S. Warrier
Publisher: Lex-Warrier Foundation
Total Pages: 47
Release: 2020-04-01
Genre: Law
ISBN: 8193655311
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Government organizations procure a wide variety of goods and services and undertake execution of works in pursuance of their duties and responsibilities. Government procurement or public procurement is the procurement of goods, services and construction on behalf of a public authority. It is necessary because governments cannot produce all the inputs for the goods they provide themselves. Thus, the Government has the right to enter into contract with anybody, though he may not be the highest bidder. Public interest is the prime consideration in the matter of the tender invited by the State and it should see that, it gets the best price for the works entrusted by it to private individuals. On the same time, Article 14 of the Indian Constitution prohibits the State from arbitrarily choosing a contractor at its will and pleasure. It has to act reasonably, fairly and in public interest in awarding procurement contracts. At the same time, no person can claim a fundamental right to carryon business with Government. This book is intended to both managers and the managed, about the law that apply directly to them, and to help the public agency staffs and interested observers to better understand the nature of existing legal influences on the public procurement in India.

Legal Aspects of Public Procurement

Legal Aspects of Public Procurement
Author: Michael Flynn
Publisher:
Total Pages: 256
Release: 2020
Genre: Government purchasing
ISBN: 9780367484675
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"According to the United States Census Bureau, American state and local governments spend roughly $3.5 trillion dollars annually fulfilling the community and governmental needs of the public procurement function. Designed to provide a strategic overview of the policy, legislation, and program oversight of public procurement, Legal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function but to also become advocates for procurement law modernization. While the basic structure of this third edition remains the same, new chapters have been added to cover the legal aspects of competitive sealed proposals and contract administration. In addition, a chapter on procurement of information technology has been revised and updated to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike"--

Choice of Law in Public Procurement and Licensing

Choice of Law in Public Procurement and Licensing
Author: Sandeep Verma
Publisher:
Total Pages: 4
Release: 2013
Genre:
ISBN:
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This short academic note explores certain elements of the controversies on application of India's legal frameworks on civil nuclear liability on foreign contractors engaged by Indian State-owned Enterprises, along with attendant constitutional and legal implications on non-application of domestic legal frameworks in such cases.

E-Government Procurement Implementation

E-Government Procurement Implementation
Author: Dr Panda (Prabir)
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:
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The benefits of e-procurement implementation for public procurement is a well research area. The adoption of e-procurement results in cost savings to exchequer by increasing operational efficiency, transparency, competition among bidders and organizational effectiveness through automation of manual processes. The review of contemporary research literature brings out procurement process engineering, change management and top management support as some of the critical success factors for e-procurement project implementation. It is also well known that NeGP project was launched in 2006 with e-Procurement as integrated Mission Mode Project. A recent review of the e-procurement implementation by DIT, Ministry of Commn & IT brought out that the progress in this area has been dismal. Barring few states like Andhra Pradesh, Chhattisgarh etc, the project has not taken off. This lack of progress (when seen in the light of rampant corruption in India) becomes a cause of serious concern. In this backdrop we undertook study of various statues, rules and government order governing public procurement in India. In order to develop better understanding of the research domain we undertook template analysis of successful e-procurement implementation by State Governments of Andhra Pradesh and Chhattisgarh. In addition, we interacted with some of the stakeholders to elicit their views on how a legal framework could help in smoother and faster roll out of e-procurement projects in public sector. The research methodology followed included analysis based on an elaborate study of various government policies and guidelines and their impact. Fact findings are provided through journal articles, information hosted on government portals, statues, rules, regulations and government resolutions relating to e-procurement and government purchasing. The study concludes that since “Procurement” doesn't figure in either State List or in Concurrent List, therefore Indian Parliament can make law on the subject for the entire country. However, no separate law governing public procurement has been enacted in India. Finally, the paper brings out broad contours of a modal procurement law that would expedite the e-procurement implementation in India in an optimal manner.

Public Procurement Law Review

Public Procurement Law Review
Author: Adrian Brown
Publisher:
Total Pages: 0
Release: 2010-11-04
Genre:
ISBN: 9780414043992
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Public Procurement Law Review

Government Obligations in Public-Private Partnership Contracts

Government Obligations in Public-Private Partnership Contracts
Author: Sandeep Verma
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:
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Traditional models of full and open competition are generally applied for ordinary public procurement contracts, whereas special competitive procedures (such as unsolicited proposals) are permissible under various international and domestic frameworks for “Public-Private Partnership” (PPP) contracts. In case of the latter category of contracts, some concerns about relative lack of transparency and competition in the award process have begun to surface, while they are being increasingly relied upon for development of public infrastructure and services. This paper focuses on certain aspects of competition and transparency in the award of PPP contracts, vis-à-vis normal public procurement contracts. To facilitate a sharper identification of legal issues, it compares the relevant regulations and case law in India applicable to unsolicited proposals (UNPs) with that in the United States and those under available international frameworks. It concludes with recommendations on identified legal dimensions of UNPs with reference to government obligations on transparency and competition, so as to adequately preserve these elements in procurement of PPP infrastructure projects.

Public Procurement Policy

Public Procurement Policy
Author: Gustavo Piga
Publisher: Routledge
Total Pages: 243
Release: 2015-07-24
Genre: Business & Economics
ISBN: 1317414896
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Appropriate laws and regulations are an essential tool to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. This book collects original contributions, from both economists and lawyers, related to the new European Union Directives just approved in 2014 by the EU Parliament. Uniquely, this book combines juridical and technical expertise so as to find a common terrain and language to debate the specific issues that a Public Administration in need of advancing and modernizing has to face. This format features, for each section, an introductory exchange between two experts of different disciplines, made of a series of sequential interactions between an economist and a lawyer that write and follow-up on one another. This is to enrich the liveliness of the debate and improve the mutual understanding between the two professions. There are four sections characterized in this book: supporting social considerations via public procurement; green public procurement; innovation through innovative partnerships; and Lots - the Economic and Legal Challenges of Centralized Procurement. This book will be of interest to policy-makers, practitioners working in the field of EU public procurement as well as academics.

Understanding Integrity Requirements for Government Contracts in India

Understanding Integrity Requirements for Government Contracts in India
Author: Sandeep Verma
Publisher:
Total Pages: 8
Release: 2013
Genre:
ISBN:
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This brief academic note has been prepared as background reading material for prior study by course participants at PACT-2013 at the IACA, which the author is scheduled to address on September 25, 2013. It traces certain recent legal and regulatory developments relating to public procurement frameworks in India, particularly since 2009 onwards, and examines their potential implications for fostering integrity in government contracts. To a certain extent, some of the underlying ideas and analysis contained in this note may hold value for re-examining procurement law developments in other national jurisdictions from a strict procurement integrity perspective.