Procurement

4735 sayılı Kamu İhale Sözleşmeleri Kanunu'nda sözleşmenin feshedilmesinin koşulları ve sonuçları hem yüklenici hem de idare bakımından ayrı ayrı ele alınarak açıklanmıştır. Ancak yüklenicinin sözleşmeyi feshetmesi konusundaki düzenlemenin, yüklenicilere işlem ve süreç bakımından ilave yük getirdiği buna rağmen herhangi bir avantaj da sağlamadığı görülmektedir. Diğer taraftan 6098 sayılı Türk Borçlar Kanunu hükümleri uyarınca yüklenicinin sözleşmeyi haklı bir nedene dayanarak feshetmesi de mümkündür. Bu durumda da ilk aşamada yüklenicinin, teminatın gelir kaydedilmesi veya kamu ihalelerine katılmaktan yasaklama gibi yaptırımlarla karşılaşması kaçınılmazdır. Ancak yargılama süreci akabinde elde edilecek sonuçlarla birlikte ele alındığında bu olasılığın, gerek sürecin daha hızlı ilerleyecek olması gerekse sağlayacağı avantajlar bakımından nispeten yüklenici lehine olacağı değerlendirilmektedir.

Public procurement is considered an important driver of an economy and has a considerable power in orienting the market, including toward environmental protection policies and strategies. This study examines the green public procurement practiced at the level of local Romanian authorities with the aim of understanding the real context by highlighting the mix between what is required and/or expected from local authorities and what is actually happening in terms of green public procurement. The research is based on the results of an online survey conducted from 16 August 2019 to 18 September 2019. The research results show that green procurement is not a subject approached in many administrative units; however, it appears that environmental protection in the context of public procurement is considered important. In line with other research, our results enrich the current knowledge on green procurement practices at the local government level and indicate that increased regulatory press...

Better understanding of how public works are procured through policy, regulation and upon acquisition is increasingly important. This knowledge can shape how architects can effectively impact wider architectural culture through improving quality, social values and advice to clients, while more successfully obtaining such commissions. In the UK the application of these regulations, which cascades multiple impacts from RIBA Stage 0 through subsequent work stages and extends into the private sector, is in urgent need of reform. Architects need to improve their knowledge of procurement to ensure a more sustainable built environment is achievable and also need to engage in advising clients and industry better to effect the necessary changes in procurement, to deliver more appropriate, simpler, robust, accessible and innovative procurement. Reform has been long overdue but is now an absolute necessity.

PurposeOver recent years there has been a significant drive away from traditional procurement routes where contractors find themselves with an increasing responsibility for the control of the design – a process they have had little experience in managing. Yet this is an area of significant opportunity for those contractors who can adapt quickly and effectively to the changing construction market. However, many current processes are insufficient to manage today's demanding and fast‐moving projects. This paper aims to address this issueDesign/methodology/approachThe paper reflects on the deployment of a design management training initiative to improve performance in a major UK civil and building design and construction company. It investigates the impact of the training initiative, critical practices and a suite of 25 tools on design management performance across the company. The methodology included a structured questionnaire, design management maturity assessment, semi‐structure...

Paper aims

This study aims to identify the key aspects of procurement in the Project Management context and their relation to project success. Particularly, the effects of selection criteria, supplier integration and the dynamics of acquisitions are investigated.

Originality

This study contributes to the literature by analysing in depth a large sample of articles that deal with procurement in the Project Management context. This study also presents implications for practice by exploring how procurement management affects project success.

Research method

The methodological approach is a systematic literature review, combining bibliometrics and content analysis.

Main findings

The results show that academic literature focuses on the dynamics of acquisitions, lacking studies on the spectrum of supplier integration and supplier selection criteria. A strong relationship between the dynamics of acquisitions and project success dimensions could be established. Several insights into this relationship can be pointed out, as the effect of synergy with suppliers on the success dimension related to impact on the team.

Implications for theory and practice

The study contributes by identifying the relationship between the selection criteria, levels of supplier integration and dynamics of acquisitions with project success. Possible research gaps and trends are presented for future research.

The improvement in the importance of knowledge, technology complexity, globalization and the accessibility of digital computerized data innovations are driving this transformation. This has led to an exponential growth of electronic business applications that is leading organizations to embark on huge investments in inventive technologies, for the purpose of preserving their competitive advantage in a gradual dynamic marketplace. However, business investments of IT need to be the subject of appropriate appraisal and assessment. Whilst the literature recommends potential advantages of these adoption technologies, little has been written on the nature of the business case for e-procurement usage in the public hospitals. We evaluated the use of e-procurement system and procurement practices on the performance of public hospitals in Ghana. A bootstrapping technique with 500 subsamples was adopted to investigate the statistical significance of the parameters in our self-designed model. T...

Platforma sau reţeua PLAN - Procurement Law Academic Network este o reţea globală de cercetători şi cadre didactice interesate în domeniul achiziţiilor publice şi a politicilor din materie. Reţeaua are membri din toate disciplinele relevante – cum ar fi drept, economie, management, politici publice, ştiinţe
politice. În acest moment, reţeua este finanţată de Grupul de cercetări al achiziţiilor publice din cadrul Universităţii din Nottingham (Directorul Grupului este Sue Arrowsmith), cu sponsorizarea Achilles Group. Sue Arrowsmith este şi editorul Public Procurement Law Review.
Revista AEXA februarie 2016 - aexa.eu

Written from a professional practitioner‟s perspective, this paper examines the extent to which the approach and examples identified in the context of European Union (EU) procurement rules by projects such as “Innovation Through Sustainable Public Procurement ” (published as “Smart SPP”) might be applicable in other jurisdictions to support its aspiration to provide a globally applicable model of best practice for procuring the innovative technologies required for sustainable development and improved environmental performance. It considers the outcome and recommendations of Smart SPP as a means of engaging with small and medium-sized enterprise and with universities and technical institutions to stimulate research and to enable the commercialization of new technology. It identifies elements of India‟s Public Procurement Bill that would allow adoption of those best practice recommendations to ensure that the legislation, once in force, would have the capacity to move beyond its initi...

Though the concept of real-time information processing is spreading across organizations like bush fire, not many companies have embraced its application. The study was conducted to determine: the types of real-time information processing technologies used by supermarkets in Nairobi, Kenya; their benefits; and to establish the relationship between real-time information and supply chain optimization. The research adopted a descriptive cross-sectional survey of the supermarkets. Data was collected through questionnaires, analyzed using SPSS and presented in tables and figures. The study revealed that all the supermarkets use real-time information

The article explores the preconditions for excluded tenderer's locus standi. It is commonly accepted that a chance at a new procurement can serve as grounds for granting the right to challenge the buyer’s decisions. This article focuses on the specifics of a situation where the
buyer has made a decision to exclude the review-seeking tenderer and aims to clarify the point at which their rights to request for review of the decisions of the contracting authority should terminate. Pro tempore this point seems to be the time when the decision to exclude the tenderer becomes final. A specific set of facts from the procurement of trams for the City of Tallinn is used to demonstrate that at times this may lead to a race between judges. This makes the right to seek a review a matter of chance and not of law. Giving precedence to the time of filing a request for review is more in harmony with the Remedies Directives. In certain jurisdictions the principles of equivalence and effectiveness could be used to achieve this. If, in most cases, the national courts check the right to file a claim at the time of filing of the claim and not later, such treatment could be extended to requests for review filed by excluded tenderer's.

: The Air Force is under pressure to maintain or improve performance while reducing costs so that it can pay for new weapon systems, force structure, and personnel retention initiatives (e.g., pay increases). The Air Force spends about one-third of its budget on purchased goods and services. This proportion should increase as the Air Force competitively sources more services. As a result, purchased goods and services offer a large and growing target area in which to seek improved performance and cost savings. The Air Force is not the only organization for which purchased goods and services can be a leading performance and cost driver. Purchased goods and services account for 50 to 80 percent of many commercial firms' total expenditures. Purchased goods and services represent such a significant performance lever and powerful competitive weapon that commercial firms are increasingly taking a more strategic approach to purchasing and supply management (PSM). Taking such an approach...

Various changes have been taking place in procurement, manufacturing, and physical distribution system globally. The manufacturing firms have been facing challenging tasks in managing complex logistics and supply chain management issues. Due to the intensity of competitive forces, firms attempt to focus on various aspects of logistics to reduce cost, improve quality, and manage responsiveness and thereby develop a competitive advantage. Multiple procurement activities such as material specification, value analysis, supplier relationship management, negotiation, buying, quality assurance, and inbound transportation are essential for firms due to their overall impact on profitability, customer service, and quality management. These factors are given importance by manufacturing firms while setting logistics objectives in a supply chain system. The logistics objectives such as minimization of inventory, consistent and reliable delivery, freight economy, minimization of product damages, quick response system, and quality improvement are closely linked to the management of procurement systems in modern organizations. Hence, the study attempts to analyze the impact of procurement activities on the setting of logistics objectives by the manufacturing firms in the UAE

The study is an attempt to explore the various dimensions of logistics, which is broadly categorized into two-primary logistics and supportive logistics by studying manufacturing firms that exist in UAE. The supporting logistics support the logistics functions of an organization, and the direct logistics functions are the pivotal functions that influence a logistics firm's overall efficiency. The supportive logistics functions are procurement, forecasting materials requirement and demand, storage and warehousing functions, and material handling. The primary operations are transportation, inventory management and decisions, order processing, and network design. Both these functions support each other in performing the logistics activities more effective and efficient in manufacturing. Both the operations are performed in such a way as to promote lead time, improve flexibility, improve accuracy level of movement of goods, better fill rate on orders, more frequency in supply, and better complaint management. The study is conducted on 20 different manufacturing companies by collecting data from 120 respondents who work in various positions directly and indirectly related to the companies' logistics activities. The data is collected by designing a questionnaire that consists of 94 questions related to multiple areas under study. The data is analyzed by using descriptive as well as inferential statistical tools and thereby derive scientific conclusion that the supportive and primary functions should be performed effectively to enhance customer satisfaction by the manufacturing companies A Study on the Relationship between the Various Components of Supportive Logistics and Primary Logistics and its Impact on Customer Service

Procurement reforms are seen as essential for achieving a long term improvement in financial management within Africa. To gain insight into this situation an analysis of success stories and cases where challenges and difficulties have arisen were investigated. This material was content analysed using Mayring (2008) four-step process model. The findings demonstrate some initial improvement within African public sector financial management; however the complete and successful implementation of these reforms is fraught with problems. These issues that limit improved financial management through procurement reform included; inadequate education and training, legislative constraints, especially those associated with procurement technology, and a lack of political support for the reform process. In political terms the study identified that the current political position coupled with socio-cultural sensitivities of participating countries, has created a neglect of ethical and environmental...

Emerging information and communication technology is driving change in the digital economy. Speed, competition and globalization are key factors for development and growth in the re-engineered global business environment where electronic business promises to grow in volume irrespective of the model utilized. This paper demonstrates the case of speedsend.com which is a customized web-based business2business electronic procurement platform. The Internet start-up was established in Egypt in 2001 and became the leader in the marketplace. Speedsend.com, faced with a set of challenges related to electronic business implementation such as infrastructure, awareness and cultural adaptation, had to develop a set of models to drive down procurement costs while providing a practical and reliable electronic solution that can boost enterprise procurement efficiency and effectiveness. The paper focuses on the models deployed by Speedsend.com since its establishment demonstrating the challenges faced and lessons learnt.

Procurement at the local self-government level in Georgia is carried out in accordance with the rules established by the Law of Georgia on State Procurement. In this case, the difference between local and state procurement is not observed at the concept level, the specifics of the municipalities are not considered anywhere. The main objectives of the Law on Public Procurement are to rationalize the funds allocated for procurement, as well as to ensure a fair and non-discriminatory approach to procurement during procurement. However, violations of the principle of justice still occur at the municipal level. Due to the fact that procurement procedures take quite a long time and also, our research has revealed a number of shortcomings related to administration, hindering the effective functioning of municipalities. JEL: H11; H70 <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0845/a.php" alt=...

Supermarkets have become important in food retail in both developed and developing countries. Supermarkets in developed countries are expanding to developing countries such as Latin America and Asia resulting in transformation of the agro-food systems. As elsewhere in the world, supermarkets are also expanding rapidly in Africa. The growth and expansion of supermarkets is mainly spearheaded by South African supermarkets and has been facilitated by trade liberalization, increased economic growth, positive political changes, regional integration arrangements, increased urbanisation, increased per capita income and middle class population groups and liberalization of foreign direct investment. The increased foreign direct investment (FDI) by South African supermarkets into SADC and the rest of Africa may be impacting on firms, households and the economy in the host nations in various ways. As much as the FDI by South African firms bring the much-needed capital for development, the impa...

This paper assesses the impact of procurement strategies on the local governments' service delivery in the context of India. The validity of the rhetorical arguments previously developed in the extant literature-innovation, market's maturity, quality specifiability, scope economies, competition, information asymmetries and transaction attributes-that are used to promote bundled public-private partnership (PPP) arrangements are explored. This is done using longitudinal case study methodology in an abductive research setting. Six cities of India and their activities concerning the municipal solid waste (MSW) management are used for testing. Thirty-nine semistructured interviews with PPP stakeholders, observations, and documentary analysis provided the evidence. The cases have offered important insights on how and why variations tend to occur among the two procurement models, i.e., bundling and unbundling and what practices can contribute to the success of these projects.

Abstract
Construction contracts have become involving and must follow specific regulations and procedure strictly, so they can be successful. The principal object of five clients is to construct their respective buildings to further learning, correction, and provision of other services. The process selective tendering process frequently involves the preparation of a pre-selected list of potential suppliers with known records of accomplishment, suitable capacity, nature, and complexity. The most appropriate procurement route for the five clients is the design and build. Under this strategy, a primary constructor is appointed to design and construct the buildings. The design and make procurement route appeal to the client because of its nature to put the responsibility of delivering the entire project squarely on one constructor. The design scale of the projects at Liverpool South College varies significantly from a tuition block, arts building, and a restaurant among others. Another feature that befits the given scenario is the fact that the contractor uses a conceptual design from the employer.

Green purchasing (GP) has elicited increasing attention in recent years by both academics and practitioners. However, its industrial issues in developing countries have not been investigated at a regional level. This paper aims to compare practices of GP in connection with a widely applied compliance of RoHS among five countries of Malaysia, Singapore, Indonesia, Thailand and Vietnam. We sought to determine where the differences occur and which practices are further along. An investigation of 106 manufacturing SMEs in E&E sector shows that a partial difference in the extent of implementation of on RoHS-related GP practices, including documentation, supplier management, and internal management, among these five countries. The implication of this paper indicates that RoHS-related GP enables SMEs to green their purchasing activities by establishing win-win relationships with suppliers, and thus realise sustainable development for the whole supply chains. As a managerial implication, the present study shows that an appropriate monitoring approach involving suppliers in green initiatives can help GP diffusion and greener environment across Southeast Asia.

The main aim of the paper was to determine the effect of green procurement adoption on procurement performance in a devolved system of government in Kenya. A case of Uasin Gishu County government.  The research incorporated a descriptive survey design whereby the target population comprised of the Uasin Gishu County procurement, human resource, operations, stores, and finance departments. The researcher adopted stratified random sampling and simple random sampling to select a sample size of 11 respondents. Questionnaires were the main data collection instruments which were incorporated in both closed-ended and open-ended questions. The collected data were checked for completeness and later coded into the SPSS software version 24 where descriptive and inferential statistics were determined.  The findings show that eco-design practices have a positive and significant effect on procurement performance, β1 = 0.156, p = 0.03 and waste management control has a positive and significant effect on procurement performance, β2 = 0.244, p = 0.004. There is need to further relook at the policies on eco-design and packaging, there is need to consider review of the practices in relation to waste management control that will enable minimizing waste as well as encourage recycling, there is also need to address the structuring and restructuring of teams that are responsible for environmental improvements and putting in place a total quality environmental management plan and implementing it, finally, proper enforcement mechanisms for product re-usability would enhance its effect on procurement performance.

Procurement is a process and observable phenomenon entwined both culturally, politically and practically into the fabric and history of the construction industry. Historical reviews have highlighted recent changes in procurement systems which reflect the developments within the industry as a whole. This development is argued to be influenced mainly by a myriad of inter-connected contextual drivers and issues both internal and external to the industry. Ability to adapt to change via a comprehensive understanding of these inter-connected ...

This study focused on the factors affecting supplier performance in Small and Medium Enterprises (SMEs) in Kirinyaga County, Kenya. The factors affecting supplier performance included supplier selection, supplier relationship and supplier evaluation. Literature review was well constructed to bring a good understanding of the study by use of available literature materials. The researcher used descriptive research design which primarily shows the state of affairs as it exists at the present and stratified random sampling to group the businesses into homogeneous entities. A random sample was then drawn from the each group. Questionnaire with both open and closed items were used to obtain data. Data were analysed using the Statistical Package for Social Sciences software (SPSS). To ensure reliability and validity, questionnaires were pre tested on seven respondents in the (MSEs) not in the study area. To establish the reliability of the study; Cronbach's alpha was computed and yielded an alpha of .8350. The results of the pilot study revealed that the research instrument was reliable and possess both content and face validity. Multiple regression model was used analyse the data collected by use of mean, Standard deviation, variance, R Square, Adjusted R2, Standard Error (SE), P value and t-Statistic to ascertain the relationship between factors affecting supplier performance and supplier performance in (SMEs). The findings from the study confirmed the relationship between factors affecting supplier performance and supplier performance yielding moderate regression coefficient (Supplier selection practices at 5 percent significance level was 0.134, supplier performance criteria was 0.53, supplier relationship was 0.39 and supplier evaluation was 0.61, indicating a moderately positive correlation between the variables. Therefore the study established the existence of a strong positive relationship between supplier selection, supplier performance criteria, supplier relationship, and supplier evaluation and supplier performance. Finally the researcher made several practical, social, political and research recommendations which will help improve supplier performance and overall organization performance thus gaining competitive advantage.

The following report assesses BrewDog’s supply chain, including its supply chain network and main partners. The report also examines the role of logistics within its supply chain, focusing on areas which have been pivotal to the brands success, such as inventory management and warehousing. Lastly, the report discusses how the company has developed its global reach, including its sustainability efforts.