• Title/Summary/Keyword: Procurement Laws

Search Result 26, Processing Time 0.028 seconds

A Study on the Regulations of U.S. Government Procurement (미국(美國)의 정부구매(政府購買) 관련법규(關聯法規)에 관한 고찰(考察))

  • Yoon, Choong-Won;Ha, Hyun-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.19
    • /
    • pp.7-31
    • /
    • 2003
  • The governments of almost countries have the rules and procedures that the purchasing entities have to follow, in order to ensure that the best value for money spent is obtained in procuring goods and services. However, there are often some of important problems in their rules relating to government procurement. Namely, almost countries have a variety of discriminatory regulations for foreign suppliers in the government procurement laws with the object of national security, economic welfare, and protection of domestic market from international competition. For this reason, several advanced countries had reached the Plurilateral Agreement on Government Procurement during Tokyo Round(1973-1979) and Uruguay Round(1986-1994). However, the provisions of two agreements do not apply to all products made by the government but only to those made by purchasing entities specified by each member country in its list in the Appendix. Accordingly, the size of goods and services purchased from foreign suppliers were comparatively not large. As we know well, the United States have spent a large amount of money from federal and state government budget. But the portion of procurement from foreign suppliers is still small, compared with the portion of procurement from domestic suppliers. The main reason are that U.S. has applied for long time the so-called Buy American Act to government procurement positively and maintained many kinds of other domestic regulations which have discriminatory provisions for foreign goods and foreign suppliers. On the recognition of these points, this thesis deals with the Buy American Act and other U.S. domestic laws, regional and bilateral, and plurilateral agreements including WTO Agreement on Government Procurement. As a result, the author found that there are several concerns and problems in the U.S. regulations relating to government procurement. It include the provisions on priority procurement of U.S.-produced products, local contents requirements, set-aside procurement from small business, and exclusion of preferential procurement from the developing countries.

  • PDF

IMPLEMENTATION OF GOVERNMENT E-PROCUREMENT: A COMPARATIVE STUDY OF THAILAND AND INDONESIAN PRACTICES

  • Budi Hasiholan;Shin-ei TAKANO
    • International conference on construction engineering and project management
    • /
    • 2009.05a
    • /
    • pp.827-834
    • /
    • 2009
  • In respond to the demand of an open, fair, transparent, and efficient environment for procurement, many governments have incorporated the use of internet in their procurement systems with online procurement (e-procurement). Given the different policies and laws which have to be complied with, the practice of government e-procurement system varies from one country to another. Thus, experiences in running e-procurement will vary as well. The achievements and obstacles of one country's experience will be a constructive reference for other countries in establishing e-procurement system. In this regard, government e-procurement system practices in two Southeast Asia countries i.e., Thailand and Indonesia particularly in public works are consecutively presented and finally compared in this paper. The government of Thailand has applied Online Auctions (e-Auctions) as the national procurement practice since 2005 and performed the e-Auctions in two types: Reverse Auction and Sealed Bid Auction. Contrary to the common practice of e-procurement, the Thai government, with some rationales, runs the bid documents obtaining manually as well as qualification and technical documents submission and holding the e-Auctions at bidding office. Whereas Indonesian government runs Online Sealed Bid Bidding (e-Procurement) and most of the bidding stages are performed electronically except bid evaluation for both technical and financial. The advantages and drawbacks of these two e-procurement practices are discussed as well as improvements that have to be made for successful of e-procurement.

  • PDF

A Study on the Improvement Direction through the Analysis of the Legal System and Current Process of KONEPS (국가종합전자조달시스템의 제도 및 프로세스 고찰을 통한 개선 방향 연구)

  • Kim, Sang-Min;Lee, Hyun-Soo
    • Journal of Digital Convergence
    • /
    • v.15 no.11
    • /
    • pp.23-35
    • /
    • 2017
  • Since the beginning of 2002, KONEPS(Korea ON-line E-Procurement System) which is known with GePS(Government e-Procurement Service), has become a significant role in Korea public procurement service. This paper focuses on the amendments of the related laws and the practical improvement of inconveniences and inefficiencies in user's' position during the use of KONEPS. We analyzed the case of government procurement by major countries, the detailed process and function of KONEPS, and confirmed the revised procurement laws since the commencement of KONEPS. When a user of KONEPS makes an online purchase at the g2b shopping mall to purchase procurement goods, we analyzed focused on the inconvenience of option selection, user feedback after purchasing, unification of the purchase procedure, compared with general online shopping purchase. This paper suggests practical ways to improve the inconveniences and inefficiencies that arise in the process of procurement and use from KONEPS. It is necessary to study on the construction contracts and the empirical studies based on the questionnaire on the functions of procurement law and research model for the cases used in this study in the future.

A Study on the Amendment of Act to activate the Establishment of Public Kindergarten - Focusing on Urban and Architectural Planning Act - (국·공립 유치원 설립 활성화를 위한 관련 법령 개정방안 연구 - 학교용지법 등 건축 및 도시계획 법령을 중심으로 -)

  • Cho, Chang-Hee;Dong, Jae-Uk;Lee, Hwa-Ryong
    • Journal of the Korean Institute of Educational Facilities
    • /
    • v.26 no.2
    • /
    • pp.11-18
    • /
    • 2019
  • There is a growing demand for public kindergartens due to the problem of private kindergartens. However, when the kindergarten is built in the residential land development area, the cost of purchasing the land increases, and the overall project cost is increasing. This situation puts a lot of burden on educational finances. Therefore, to reduce the cost of establishing a kindergarten, it is required to revise related laws including act on the special cases concerning the procurement, etc. of school sites. The purpose of this study is to propose the revised laws to expand public kindergartens. In this study, the present situation of infants and kindergartens was analyzed through policy data and statistics. And the analysis of the investment evaluation data also analyzed the problems in establishing kindergarten. In addition, we conducted surveys and FGI analyzes on school sites and kindergarten related laws and regulations. Finally, this study aims to find a way to amend related acts of urban and architectural Planning for Invigoration of Public kindergarten establishment by analysis data.

The Product Liability Laws and Regulations of China and Case Study on Product Liability (중국의 제조물책임 관련법규와 사례연구)

  • Huh, Jae-Chang;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.25
    • /
    • pp.243-266
    • /
    • 2005
  • Product liability is becoming a real issue to exporters, manufacturers world wide. The purpose of this study is to examine the product liability of Korean exporters, manufacturers, etc. under Product Liability Laws and Regulations of China. For this purpose, firstly we deal with the Product Liability Laws and Regulations of China. Secondly we analyze the case study concerning the Product Liability in China. From the analysis of case study, Korean exporters, manufacturers, etc. are required to pay close attention to the following : the correspondence of English with Chinese in the warning phrases, the possibility of application of strict global standard in case of existence of product liability, the proper treatment of evidence in the process of litigation, the application of strict liability and the shift of responsibility for evidence on to a defendant, the observance of procedures prescribed by the country in design and manufacture of the product, the manufacture of product to come up to country standard in quality, the consideration of diverse expression in the preparation of warning sign, the importance of quality control and inspection system in case of local procurement of parts and raw materials, Finally, this paper contributes to help the Korean Exporters, Manufacturers, etc. to build up the proper countermeasures regarding product liability under the product liability regulations of China.

  • PDF

A basic design of P-C-M Support System in Agricultural Facilities (농촌시설물 P-C-M 지원 시스템의 기본설계)

  • Gim, Mi-Gyeong;Shin, Han-Woo;Kim, Tae-Hui;Kim, Gwang-Hee
    • Journal of the Korea Institute of Building Construction
    • /
    • v.9 no.6
    • /
    • pp.99-104
    • /
    • 2009
  • This study is the basic design of a P-C-M support system for Agricultural Facilities. By utilizing this system, many users of Agricultural Facilities can easily obtain a large amount of information, ranging from procurement to maintenance. The procurement phase suppliesthe user with agricultural facilities information, economical analysis, and corporation information for procurement decisions. Furthermore, this phase shows the shape or format of the agricultural facilities, the main materials, as well as information on the cultivated crops. The construction phase shows information about agricultural facility-related laws, as well as standard drawings or a construction guide. The maintenance phase shows a guide of maintenance-related checklists. With the results of a basic design of a P-C-M Support System for Agricultural Facilities, the P-C-M support system menu tree is established.

A Study on the Laws and Regulations Affecting the Public Library Acquisitions (공공도서관 자료구입에 영향을 미치는 제도에 관한 연구)

  • Chang, Durk-Hyun;Kang, Eun-Young
    • Journal of the Korean BIBLIA Society for library and Information Science
    • /
    • v.22 no.3
    • /
    • pp.269-288
    • /
    • 2011
  • Acquisition processes in public libraries, especially as influenced by policies and regulations both in national and regional levels have not been in the main area of concerns in the research of library and information science. While the area of collection management has yet been one of the major issues in this filed, public library book-purchasing in the major factor to achieve effective library collections. This study concentrated on the policies and regulations that attempts to normalize and control the acquisition process in public libraries. This research analyzed and investigated (1) various policies and regulations regarding the library collection as public procurement, (2) legitimacy of decision between normal price procurement and discounted price contract under the current policy on normal retail price of books, (3) budget allocation, (4) policies on library acquisition processes. Suggestions are also added for the efficient collection building in public libraries.

DEVELOPMENT OF THE ANTI-CORRUPTION OPERATING SYSTEM ON CONSTRUCTION CONTRACTS AND PROCUREMENTS IN KOREA

  • Jee-Hye Kim;Kwang-Seop Lee;Kyung-Rai Kim;Hee-Sung Cha;Dong-Woo Shin
    • International conference on construction engineering and project management
    • /
    • 2005.10a
    • /
    • pp.1106-1111
    • /
    • 2005
  • The present Korean laws related to anti-corruption are not effective in preventing corruptions[1]. In this context, the purpose of this study is to build the proactive anti-corruption operating system that has the function to prevent corruptions from occurring in the contract and procurement sector of Korean public construction projects. The proactive anticorruption operating system consists of four parts ; developing integrity performance manual(IPM), making integrity performance plan(IPP), practicing IPP, and integrity performance evaluation(IPE). By analyzing various kinds of audits and relevant laws and interviewing with government officials and staff in construction companies, the causes and stereotypes of corruptions and the concept, role, and guide of IPM, IPP, and IPE are provided in this paper.

  • PDF

Derivation of Linkage Strategies for Domestic Order Documents and Standards for BIM Application Projects - Proposing BIM Design Procurement Use Guides for Domestic Railway Field by Analyzing Singapore Requirements Documents - (BIM 적용사업 대상의 국내 발주문서 및 기준 간 연계전략 도출 - 싱가폴 요구사항 지시서 분석을 통한 국내 철도분야 BIM 전면설계 발주문서 활용방법 제안 -)

  • Chong, HeeGun;Kim, Do-Young;Hong, Chang Hee;Lee, Jaewook;Moon, Hyeonsuk
    • Journal of KIBIM
    • /
    • v.13 no.4
    • /
    • pp.26-35
    • /
    • 2023
  • Recently, mandatory BIM design has been enforced in the civil engineering field, focusing on public projects, and inducement measures to actively participate in BIM by participating subjects are required. The BIM ordering documents must reflect the characteristics of the BIM project, current construction standards and laws, and environmental conditions of domestic participants. In this study, we analyze the ordering documents used in domestic and overseas civil engineering BIM projects to determine whether they meet the purpose of BIM. In the future, items that consider the existing heterogeneous data linkage and compatibility, the connectivity with the current construction guidelines and laws, the cost of the designer and the input personnel are prepared for the part that does not meet the BIM purpose. Furthermore, the written order documents are verified through interviews with experts who have experience in BIM projects. Through the results of this study, I would like to propose a consultation system strategy to prepare and present items according to the purpose and type of project by client.

Anatomy acts concerning body and organ donations across the globe: past, present and future with a special emphasis on the indian scenario

  • Surraj Susai;Mrudula Chandrupatla;Rohini Motwani
    • Anatomy and Cell Biology
    • /
    • v.56 no.1
    • /
    • pp.1-8
    • /
    • 2023
  • From the era of pre-historic times, the ancient Indians and the Greeks highlighted the importance of body and organ donations thereby emphasizing the need for anatomical sciences in medicine through the use of effective dissections for the same. However, after the Renaissance, there was a surge in dissections throughout the world, particularly in Europe, as a result of which various laws were enacted by governments concerning the procurement of bodies for the purpose of scientific dissections, which were later promulgated throughout the world through various anatomical acts. The situation in India was quite similar to that of Britain until its independence in 1947, after which different Indian states formulated their own anatomy acts that had their own merits and pitfalls. Hence, this literature review serves to highlight the various acts throughout history and would serve as a guide to emphasize the future perspectives of formulating a centralized unified anatomy act for the Indian nation that could possibly be the need of the hour.