政府采购国际法律制度及我国政府采购法适用范围的比较分析

目前我国正在开始申请加入WTO《政府采购协定》的谈判,由于我国《政府采购法》适用范围立法上存在缺陷,研究修正并发展我国政府采购法律的调整范围是一项十分必要和紧迫的工作。本文对比政府采购国际法律制度,分析了我国政府采购法适用范围的相关问题,并提出政府采购法适用范围的发展方向:从采购项目的角度出发,设定规范的主体和统一的门槛,制定明确的标准来衡量相应的采购项目是否应该纳入到我国《政府采购法》的调整范围之中,使之与我国《招投标法》内容保持一致性,并逐步与GPA、《示范法》等国际政府采购规则有效趋同。     

谈政府集中采购模式下政府集中采购机构与招标代理中介机构的利与弊

政府采购就是指国家各级政府为从事日常的政务活动或为了满足公共服务的目的,利用国家财政性资金和政府借款购买货物、工程和服务的行为。我国的政府采购制度将采购行为划分为集中采购和分散采购。集中采购的代理行为是政府采购流程中的关键环节。     

Purchasing's strategic relevance

Recently Ramsay (Eur. J. Purchasing Supply Manage. 7 (4) (2001) 257) applied the resource-based view of the firm (RBV) to argue that purchasing is a largely irrelevant activity from a strategic management point of view. In this paper it is argued to the contrary since there is a wider theoretical base underlying strategic management, more recent developments in the RBV suggest that purchasing is indeed a strategic activity, and much empirical evidence demonstrates that purchasing and supply management contribute to sustainable competitive advantage. A systematic set of criteria is then put forward, which helps purchasing management researchers to assess whether studied phenomena have strategic impact.     

U.S. chief procurement officers’ perspectives on public procurement

Each year public procurement officials in the United States spend trillions of dollars to purchase goods and services for public use. The volume of public procurement spending compels public administration and supply chain management scholars to examine these procurement practices. Based on a unique dataset composed of a series of qualitative and quantitative interviews with chief procurement officers (CPOs) and their team members from 45 states and 2 territories in the United States, this paper explores the key institutional factors affecting state-level public procurement in the U.S., explores variation in the definition of contract performance, and assess the importance of multiple factors in creating procurement contracts. We present an agenda for future research on state-level public procurement in the U.S that has important implications for the theory and practice of public procurement.     

Outsourcing the procurement function: Do actions and results align with theory?

Are common theories of outsourcing useful in predicting the extent of and performance gains from the outsourcing of procurement activities? Or does procurement׳s broad scope and boundary-spanning role confound successful analysis? This study applies a theoretical framework combining concepts from transaction-cost economics (TCE) and the resource-based view (RBV) to study the procurement outsourcing decisions of two hundred and eighty US-based electronics manufacturing firms. Findings suggest that TCE and RBV act in complementary ways on the procurement outsourcing decision. TCE, through fear of supplier opportunism, appears to be the primary driver of the extent to which procurement activities are outsourced. The RBV, through which the OEM׳s resource position in procurement vis-à-vis its outsourcing partner is determined, appears to be the primary determinant of the performance results of the outsourcing decision. Procurement activities are outsourced to a greater extent when fear of supplier opportunism is low, but such outsourcing is only “justified” (expected to yield performance benefits) when the OEM has a weak resource position vis-à-vis the outsourcing partner. An “enriched” TCE–RBV framework is presented and discussed as part of study results.     

Concordat or contract

The New Labour Government in England is seeking to promote public/private partnerships in health and social care as a key component of its political project. This article reports the findings from the first phase of an ongoing qualitative research study exploring the relationship between a private sector company and their public sector partners at four study sites. These findings indicate that organizations within the NHS do not view the development of public/private partnerships as a priority and furthermore currently have a limited ability to engage in strategic planning with the private sector. The findings are explored in the broader context of the evolution of ‘managed competition’ in health care systems and the role of partnership in that process.     

健全政府采购的监督机制的策略分析

政府采购制度是当今各国政府加强公共支出管理的重要手段。由于我国政府采购制度刚刚起步,在制度设计上还存在着缺陷,尤其是监督机制的不完善,导致寻租腐败等违法行为不断出现于我国政府采购中。本文以此为背景,从建立政府采购监督机制的必要性入手,围绕法制保障、内部监督和外部监督三部分内容,设计了完善我国政府采购监督机制的实施途径。     

Assessing the implementation of sustainable public procurement using quantitative text-analysis tools: A large-scale analysis of Belgian public procurement notices

Public organizations are using sustainable public procurement (SPP) as a policy tool to address societal and environmental issues. Having a policy on SPP however does not guarantee implementation. Several barriers have for example been identified that prevent public procurers from implementing SPP in their procurement projects, such as financial constraints, lack of knowledge or motivation. The question therefore arises how much SPP public organizations actually implement in their procurement projects. However, existing studies often focus on the environmental part of SPP and often rely on using interviews or surveys to assess the perceived degree of SPP (which have been accused of being subject to social desirability bias and low response rates). Little is therefore known about what SPP is in practice, and how frequently it is implemented. In this study, we therefore provide a detailed operationalization of SPP that encompasses the full concept. We subsequently assess the implementation of SPP in practice using text mining techniques to analyse over 140.000 Belgian public procurement notices that were published between 2011 and 2016. The research shows that in more than 70% of the notices (with an annex) SPP is implemented, but there appears to be a downward trend. It seems that SPP is implemented less over time, rather than more. Environmentally friendly procurement was, relative to other types of SPP, prevalent over time and across regions. For SPP to live up to its potential there are thus still barriers to be overcome.     

Towards a common understanding of the differences between purchasing, procurement and commissioning in the UK public sector

This paper recognises that commissioning has now become an important term in the lexicon of UK public policy but the term ‘commissioning’ is taking on a different meaning than that traditionally used within the purchasing and supply management community. The frequent inter-changeability of the terms ‘commissioning’, ‘procurement’ and ‘purchasing’ is now causing confusion and means different things to different people. Therefore the academic community needs to help practitioners understand the differences and implications. A document analysis of various UK Central Government departments’ commissioning frameworks was used to establish the key themes and compare commissioning, procurement and purchasing. This paper discusses the similarities and differences, and argues that commissioning is different from procurement, but that commissioning offers major opportunities for Procurement practitioners to make a strategic contribution.     

Addressing the sustainable development through sustainable procurement: What factors resist the implementation of sustainable procurement in Pakistan?

Sustainable Public Procurement is an integral part of sustainable development because of ever increasing government expenditures. Most of the developing countries lack the required infrastructure which may support public sector sustainability. The aim of this study is to assess the critical factors which resist the implementation of sustainable procurement in public sector of Pakistan. We used Interpretive Structural Model to investigate and rank the interrelationships among different factors of sustainable procurement. With the help of literature and Likert scale instrument, we found twelve key barriers that resist sustainable procurement implementation. We also examined tender documents of 75 different public sector universities of Pakistan but found absence of sustainability element in the documents. External factors namely government legislation and stakeholders' pressure are found most critical barriers as compared to inter organizational factors. The study is also important to highlight the hurdles in the way of sustainable development. First, the government must introduce rules and regulations to implement the sustainable procurement. Stakeholders and donors must put pressure on organizations for adopting sustainable procurement. Sustainability education should be made mandatory part of curriculum and employees should be given regular training on sustainability. Further, public procurement policies at government and institutional levels are required to be revisited towards a circular economy.     

Demand chain management theory: constraints and development from global aerospace supply webs

This paper develops an empirical and theoretical approach to where strategic capabilities should lie within global aerospace supply chains. Theory from transaction cost economics (TCE) and the resource-based view (RBV) of the firm are applied to the aerospace sector and used to underpin a theory of demand chain management (DCM). A two-stage research process was used to generate and validate data from aerospace supply chain case studies. Demand chain driver and resource-based response categories were identified from these data and are presented. Concluding comments concern current limits of a demand chain theory and implications for practitioners.     

Barriers to innovation through public procurement: A supplier perspective

Public procurement is increasingly viewed as having important potential to drive innovation. Despite this interest, numerous barriers prevent the public sector from acting as an intelligent and informed customer. This paper seeks to understand how barriers related to processes, competences, procedures and relationships in public procurement influence suppliers? ability to innovate and to reap the benefits of innovation. We address this by exploiting a dedicated survey of public sector suppliers in the UK, using a probit model to investigate the influence of structural, market and innovation determinants on suppliers? perception of these barriers.     

政府采购国内理论研究综述

政府采购是加强财政支出管理,建立公共财政的一项重要内容。从1998年我国正式实行政府采购制度以来,国内学者对政府采购范围和规模、政策功能、经济学分析、法制建设和管理、对外开放等方面都进行了较深入的探讨。文章对我国这一时期的政府采购理论研究作一综述。     

The clash of managerial and professional logics in public procurement: Implications for innovation in the health-care sector

This article addresses the enactment of public procurement and its influence on adoption and diffusion of innovation, using a case study of public procurement of a low-tech medical device innovation in Swedish healthcare. Based on interviews and documentation, the article illustrates the various perspectives of the different professions involved in the complex task of setting the requirement specification for the tender. The technology identities of the medical device (innovation) are constructed and negotiated by the actors: procurement administrators, health-care professionals and suppliers within the adoption space. Examining the enactment of the procurement process as part of the adoption space is a way to deepen our understanding of the social component within public procurement.     

国际间政府采购技术规范体系框架的构建

《政府采购协议》（Government ProcurementAgreement，GPA）是WTO管辖的单项贸易协议，是各缔约方对外开放政府采购市场，以实现政府采购国际化和自由化的法律文件。我国于2007年12月正式启动了加入GPA谈判。文章深入分析了WTO《政府采购协议》（GPA）有关技术规格的规定及GPA成员国技术规范体系，通过剖析国际间政府采购关键技术节点，以功能和性质为依据构建了我国国际间政府采购技术规范体系框架。     

Capturing the value creation in public procurement: A practice-based view

Public procurement has struggled to fulfill its mission to create public value due to a narrow interpretation of value emphasizing the costs of procured goods and services. A holistic view of multidimensional value creation in the context of public procurement has received limited research attention despite a significant body of research on the potential benefits associated with public procurement. The purpose of this paper is to fill this gap by analyzing the value components and means of value creation developed through public procurement activities. We conduct a systematic literature review and content analysis of 171 research articles to determine the constituents of the value of public procurement and the practices needed to achieve them. Using the theoretical lens of the practice-based view, we propose a conceptual framework that holistically integrates different components of the value of public procurement for the public buyer, supplier, and user, along with the practices needed to achieve them. The study contributes to the literature by offering a multidimensional conceptual framework, a structured review of value components and associated practices, and the application of the practice-based view as the theoretical lens, all of which have implications for practice and theory.     

Applying Strategic Management Theories in Public Sector Organizations: Developing a typology

This article discusses the utility of two different strategic management theories in different types of public organizations including contemporary New Public Management-based public organizations, namely Porter’s strategic positioning model and the resource-based view of strategy. We argue that possibilities for applying these theories vary depending on the type of public organizations involved, and are less appropriate in traditional settings but more relevant in autonomized and market-like service-delivery organizations. We further propose that their increased applicability depends on three specific conditions: the degree of administrative autonomy, performance-based budgeting and market-like competition. We give empirical examples drawn from public services in the UK and Denmark. We call for more exploration of these (and other) strategic management approaches within contemporary public services organisations but also more exploration of the limitations of these frameworks.     

Which shape fits best? Designing the organizational form of local government procurement

The way that public procurement activities are organized has an impact on the performance of public institutions. By reviewing the literature on public procurement organization dimensions this study offers a conceptual framework for public procurement organizational design, distinguishing between the macro, micro and process level dimensions. The framework is tested across the procurement departments of 15 local governments in Wales and Italy. We identify six alternative organizational configurations, differing in their level of centralization and their procurement status within the institution. Their suitability and potential for redesign depend on several internal and external contextual factors (goals, government decision, regulation, geographical environment) in line with the contingency view of organizational design.     

政府工程采购国际规则对比研究

采用对比研究的方法分析了四个主要的政府工程采购国际规则,即WTO《政府采购协议》、联合国《采购示范法》、欧盟《采购指令》和世界银行《采购指南》。阐述了国际规则的原则与目标、适用范围、采购方式、采购程序、质疑救济等内容。从完善采购法律体系,明确的采购目标及原则,多样化的采购方法,完善的救济机制等方面提出了完善我国政府工程采购体制的建议。     

Sustainability challenges in public health sector procurement: An application of interpretative structural modelling

Sustainable procurement is an integral part of public sector sustainability, but developing countries are far behind in this area. This study explores the internal and external challenges in Pakistan's public health sector that hamper sustainable procurement. With the help of experts, we found eleven key challenges that hamper sustainability in public health sector procurement. We designed an instrument and fielded it to eighty-five procurement officials in government hospitals, who verified the presence of the challenges in health sector. The interpretative structural modelling (ISM) we used to develop a hierarchy among the identified challenges reflects that government regulations and senior management's commitment—all strategic challenges—are the most critical challenges, whereas perceived ineffectiveness, third-party involvement, and the unavailability of green products—all operational challenges—are less critical. The study presents comprehensive recommendations to policymakers and future researchers related to achieving sustainable development goals in the health sector.