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The Challenges of Public Procurement Reforms PDF

253 Pages·2020·17.559 MB·English
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The Challenges of Public Procurement Reforms Public procurement affects a substantial share of world trade flows, amounting to 1000 billion euros per year. In the EU, the public purchase of works, goods and services has been estimated to account on average for 16 percent of GDP. The novelty of this book is that it focuses on the new European Union Directives approved in 2014 by the EU Parliament. The book consists of original contributions related to four specific themes of interest to the procurers’ day-t o-d ay role in modern public purchasing organizations – both economists and lawyers – allowing for relevant exchanges of views and “real time” interaction. The four sections which characterize the book are Life-c ycle Costing in Public Procurement; Calculating Costs and Savings of Public Procurement; Corruption and Probity in Public Procurement and Public Procurement and International Trade Agreements: CETA, TTIP and beyond. These themes have been chosen for their current relevance in relation to the new European Public Procurement Directives and beyond. The original format features, as is the case with the first three volumes, an introductory exchange between leading academics and practitioners, from differing disciplines. It offers a series of sequential interactions between economists, lawyers and technical experts who supplement one another, so as to enrich the liveliness of the debate and improve the mutual understanding between the various professions. This essential guide will be of interest to policymakers, academics, students and researchers, as well as practitioners working in the field of EU public procurement. Annalisa Castelli is Associate Professor of Public Economics at the University of Cassino and Southern Lazio, Italy. Gustavo Piga is Professor of Economics at the University of Rome Tor Vergata, Italy. Stéphane Saussier is Professor of Economics at Sorbonne Business School, France. Tünde Tátrai is Professor of Economics at the Corvinus University of Budapest, Hungary. Routledge Studies in Public Economics and Finance The Challenges of Public Procurement Reforms Edited by Annalisa Castelli, Gustavo Piga, Stéphane Saussier and Tünde Tátrai For more information about this series, please visit: www.routledge.com/ Routledge- Studies- in- Public- Economics- and- Finance/ book- series/ LICPUBECONFIN The Challenges of Public Procurement Reforms Edited by Annalisa Castelli, Gustavo Piga, Stéphane Saussier and Tünde Tátrai First published 2021 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2021 selection and editorial matter, Annalisa Castelli, Gustavo Piga, Stéphane Saussier and Tünde Tátrai; individual chapters, the contributors The right of Annalisa Castelli, Gustavo Piga, Stéphane Saussier and Tünde Tátrai to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-i n- Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-i n- Publication Data Names: Interdisciplinary Symposium on Public Procurement (4th : 2018 : Paris, France) | Castelli, Annalisa, editor. Title: The challenges of public procurement reforms / edited by Annalisa Castelli [and three others]. Description: Abingdon, Oxon; New York, NY: Routledge, 2020. | Series: Routledge studies in public economics and finance | “4th Interdisciplinary Symposium on Public Procurement [held in Paris in 2018]”– Introduction. | Includes bibliographical references and index. Identifiers: LCCN 2020014523 (print) | LCCN 2020014524 (ebook) Subjects: LCSH: Government purchasing–Law and legislation–European Union countries–Congresses. | Government purchasing–Economic aspects–European Union countries–Congresses. | Law reform–European Union countries–Congresses. Classification: LCC KJE5632.A8 I58 2018 (print) | LCC KJE5632.A8 (ebook) | DDC 352.5/323672114–dc23 LC record available at https://lccn.loc.gov/2020014523 LC ebook record available at https://lccn.loc.gov/2020014524 ISBN: 978- 0- 367- 90267- 4 (hbk) ISBN: 978- 1- 003- 02347- 0 (ebk) Typeset in Times New Roman by Newgen Publishing UK Contents List of figures vii List of tables ix List of contributors x Preface xiii Foreword: The OECD’s work on Public Procurement:  Reshaping the global agenda by Paulo Magina xv PART I Life- cycle costing in public procurement 1 1 Life-c ycle costing in public procurement: Colloquium 3 STÉPHANE SAUSSIER AND CHRISTOPHER H. BOVIS 2 Life-c ycle thinking in EU public procurement: Moving beyond a simple ‘buzz word’ 14 DACIAN C. DRAGOS AND BOGDANA NEAMTU 3 LCC and GPP: Competing or complementary approaches? 50 ÁUREA ADELL QUEROL, BETTINA SCHAEFER AND JOSEP ESQUERRÀ I ROIG PART II Calculating costs and savings of public procurement 67 4 Calculating the costs and savings of public procurement: Colloquium 69 GIANCARLO SPAGNOLO AND ANDREAS H. GLAS vi Contents 5 Challenges and methods for cost analysis in public procurement: Lessons from the procurement of public transportation services in the Stockholm region 83 ANDRÉ ÅSLUNDH 6 Reference prices and Italian spending review 95 FABRIZIO SBICCA PART III Corruption and probity in public procurement 111 7 Corruption and probity in public procurement: Colloquium 113 TÜNDE TÁTRAI AND FRANCESCO DECAROLIS 8 Challenges in public procurement: Corruption and probity in public procurement 129 MARION CHABROST 9 Municipal procurement of social care: opportunistic behavior opportunities 148 NIELS UENK, JAN TELGEN AND MADELON WIND PART IV Public procurement and international trade agreements: CETA, TTIP and beyond 165 10 Public procurement and international trade agreements – CETA, TTIP and beyond: Colloquium 167 CHRISTOPHER R. YUKINS AND MIHÁLY FAZEKAS 11 Growing significance of regional trade agreements in opening public procurement 184 JEAN HEILMAN GRIER 12 Transatlantic trade and public procurement openness: Going beyond the tip of the iceberg 219 LUCIAN CERNAT AND ZORNITSA KUTLINA- DIMITROVA Index 229 Figures 2.1 Sustainability framework 15 3.1 Total cost of ownership during 60 years for 11 rail tractor units 54 3.2 LCC comparison of a diesel and an electric small car over 8 years 55 4.1 Framework for the debate of savings in public procurement 74 5.1 Number of procurements published in TED 2015 relative to the population (in millions) for EU countries with a population larger than two million inhabitants 84 5.2 Costs 2017 in the Stockholm County for different types of public transportation 85 5.3 Share of passengers stating in onboard surveys that they are satisfied with the transport service provided 85 5.4 Population of the Stockholm County (•) and total costs (×) for transport operators providing transport services for the Stockholm PTA 86 5.5 Key cost categories for a commuter train transport operator and the schematic share of cost per category 89 5.6 Number of drivers needed to perform different tasks during a weekday and the number of cumulative work shifts started. Based on simulations in a traffic scheduling planning system 90 6.1 Excess expenditure due to the price component – estimates for the sanitary cleaning service 103 6.2 Excess expenditure due to the price component and linear cuts – estimates for the sanitary cleaning service 105 6.3 Price overspending ranking – sanitary cleaning service 107 6.4 Supply side – companies’ market shares 108 6.5 Price overspending and companies’ market shares 108 8.1 Purposes of bribes 130 8.2 Share of adapted procedures for contract below the EU threshold in French municipalities (2006– 2015) 130 8.3 Distribution of cases of investigation in French municipalities (2006– 2015) 140 viii List of figures 8.4 Distribution of the size of investigated municipalities (2006– 2015) 140 8.5 Chronology of legal proceedings in France 141 8.6 Press Freedom and Corruption Perception Index across G20 countries, 2016 143 8.7 Level of disclosure and public availability of private interests, 2014 144 8.8 Public availability of procurement information at central level government, 2010 144 10.1 Three “layers” of trade agreements regarding procurements 175 10.2 Share of foreign registered suppliers by Member States and EU institutions residing in them, Member States with EU institutions awarding at least 50 contracts in 2009– 2014, TED, goods, works and non- consulting services 176 12.1 Newly introduced public procurement measures by government level, count of measures, 2009– 2017 224 12.2 Top 10 most protectionist countries in public procurement, count of ‘red’ measures, 2009– 2017 225 12.3 Top 20 most affected countries by measures that are almost certainly discriminatory (‘red’), count of measures, 2009– 2014 226 Tables 3.1 Procedure results for the financial score of received offers 56 3.2 Existing LCC tool for public procurement in the European Union 58 6.1 Some reference prices for drugs 100 6.2 Some reference prices for medical devices 101 8.1 EU thresholds for public contracts from 2006 to 2015 133 8.2 Decision matrix to support the choice of the procurement procedure 134 8.3 Main characteristics of the adapted and open auctions award procedures 137

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