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Legal aspects of public procurement in India

Legal aspects of public procurement in India PDF Author: Vishnu S. Warrier
Publisher: Lex-Warrier Foundation
ISBN: 8193655311
Category : Law
Languages : en
Pages : 46

Book Description
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 in India

Legal aspects of public procurement in India PDF Author: Vishnu S. Warrier
Publisher: Lex-Warrier Foundation
ISBN: 8193655311
Category : Law
Languages : en
Pages : 46

Book Description
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.

Digital Governance and E-Government Principles Applied to Public Procurement

Digital Governance and E-Government Principles Applied to Public Procurement PDF Author: Shakya, Rajesh Kumar
Publisher: IGI Global
ISBN: 1522522042
Category : Political Science
Languages : en
Pages : 376

Book Description
Public procurement is vulnerable on many levels. Therefore, to increase protection and improve efficiency, governments across the globe are looking to introduce electronic-based infrastructures. Digital Governance and E-Government Principles Applied to Public Procurement is an essential reference publication for the latest research on the implementation and impact of public reforms through e-Procurement. Featuring coverage on a broad range of topics and perspectives, such as anti-corruption, acquisitions costs, and governance structures, this book is ideally designed for academicians, practitioners, professionals, and researchers seeking current research on the regulation of the public sector through digital approaches.

Legal Aspects of Purchasing and Supply Chain Management

Legal Aspects of Purchasing and Supply Chain Management PDF Author: Ian Longdin
Publisher: Liverpool Academic Press
ISBN: 9781903499511
Category : Business logistics
Languages : en
Pages : 340

Book Description
All purchasing activities take place within a context of legal regulation, a context that has been taking on increasing importance in recent years. This book provide a clear and concise account of the underlying legal principles which affect the purchasing function. A new component of the third edition is an additional appendix which contains recent cases involving procurement law issues. These are kept separate from the main body of the book and are not essential for purposes of revising for the Legal Aspects exam. However, they do provide useful examples of how the courts have been interpreting the law in relation to a wide range of procurement activities in the recent past. These include the EU public procurement rules, contract formation, assessment of claimable damages, limitations of liability, the Transfer of Undertakings (Protection of Employment) Regulations, the Freedom of Information Act, and the Late Payment of Commercial Debts (Interest) Act.

Public Procurement and Human Rights

Public Procurement and Human Rights PDF Author: Olga Martin-Ortega
Publisher: Edward Elgar Publishing
ISBN: 1788116313
Category : Law
Languages : en
Pages : 267

Book Description
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

Legal Aspects of Public Procurement

Legal Aspects of Public Procurement PDF Author: Michael Flynn
Publisher: Routledge
ISBN: 1000066924
Category : Law
Languages : en
Pages : 222

Book Description
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. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology 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.

OECD Public Governance Reviews Public Procurement for Innovation Good Practices and Strategies

OECD Public Governance Reviews Public Procurement for Innovation Good Practices and Strategies PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264265821
Category :
Languages : en
Pages : 184

Book Description
Based on good practices in OECD and partner countries, this report analyses the state of play of procurement for innovation and provides a flexible framework focusing on 9 areas to promote it.

EU Public Procurement Law

EU Public Procurement Law PDF Author: Christopher Bovis
Publisher: Edward Elgar Publishing
ISBN: 0857938428
Category : Political Science
Languages : en
Pages : 545

Book Description
ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

Integrating Responsible Business Conduct in Public Procurement

Integrating Responsible Business Conduct in Public Procurement PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264673547
Category :
Languages : en
Pages : 162

Book Description
Society has become increasingly aware of environmental and human rights-related risks in global supply chains in recent years. Public procurement can make a positive contribution to economic, environmental and social progress. This report takes stock of current practices integrating responsible business conduct (RBC) in public procurement and identifies possible avenues to increase the impact of public procurement strategies to promote responsible business conduct objectives.

OECD Principles for Integrity in Public Procurement

OECD Principles for Integrity in Public Procurement PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264056521
Category :
Languages : en
Pages : 142

Book Description
The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.

Energy Law in India

Energy Law in India PDF Author: Mohammad Naseem
Publisher: Kluwer Law International B.V.
ISBN: 904118936X
Category : Law
Languages : en
Pages : 171

Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in India. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting India. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.