Volume 10, Number 4, Winter 2010

Ediorial ............................................................................................................................................................. i
K.V. Thai

Symposium on International Public Procurement: Part I I ............................................................................... 477
G. L. Albano and D.-i. Kim

Supplier Delivery Performance in Ugandan Public Procurement Contracts ................................................... 479
J. M. Ntayi, I. Namugenyi and S. Eyaa

The Value of Certification in Public Procurement: The Birth of a Profession? ………..................................... 512
E. Prier, C. McCue and R. Behara

Integrating Gender Equality in Public Procurement: The Spanish Case ......................................................... 541
T. Medina-Arnáiz

Government Obligations in Public-Private Partnership Contracts ................................................................... 564
S. Verma

Operating Performance and Corporate Governance of Supplier Companies to Governmental Agencies ...... 599
T. Ngo

ABSTRACT. This paper examines operating performance and corporate governance of 181 companies over the period 2003- 2008 (563 firm-year observations), whose customers are governmental agencies, and contrasts their performance to that of companies that have no governmental customers. The sample firms are classified into firms whose customers are (1) domestic governmental agencies, (2) foreign governmental agencies, (3) state governmental agencies, or (4) different combinations of the 3 types. The results show that firms that supply domestic and/or foreign government customers have significantly higher operating income, profit margin and return on asset and lower operating expenses than firms that supply state government customers and than their matched industry peers who do not supply any government customers. These government-supplier firms have lower managerial ownership than their industry peers which suggests potential room for agency problems to develop. Firms that supply domestic and/or foreign government customers have significantly lower executive compensation than firms that supply state government customers and than their matched industry peers.

ABSTRACT. This article discusses the unmet need for widespread certification and professionalization of those involved in public procurement. Through original data analysis, differences in perceptions regarding the value and benefits of certification among public sector procurement practitioners are examined. Findings indicate that there is growing awareness by both those holding certification and those who are not certified that certification leads to advanced knowledge and skills within the procurement area. Further, job advancement and occupational growth is perceived to be directly related to certification, and that certification holders enjoy special privilege within occupational norms.

ABSTRACT. Traditional models of full and open competition are generally applied for ordinary public procurement contracts, whereas special competitive procedures (such as unsolicited proposals) are permissible under various international and domestic frameworks for “Public-Private Partnership” (PPP) contracts. In case of the latter category of contracts, some concerns about relative lack of transparency and competition in the award process have begun to surface, while they are being increasingly relied upon for development of public infrastructure and services. This paper focuses on certain aspects of competition and transparency in the award of PPP contracts, vis-à-vis normal public procurement contracts. To facilitate a sharper identification of legal issues, it compares the relevant regulations and case law in India applicable to unsolicited proposals (UNPs) with that in the United States and those under available international frameworks. It concludes with recommendations on identified legal dimensions of UNPs with reference to government obligations on transparency and competition, so as to adequately preserve these elements in procurement of PPP infrastructure projects.

ABSTRACT. The purpose of this paper is to develop a comprehensive framework of achieving supplier delivery performance based on contract governance mechanisms, justice perceptions and ethical behavior using cross sectional survey data from public procuring and disposing entities (PDEs) in Uganda. Public procurement contract governance covers the design, development, implementation and enforcement of contracts. It serves to align interests of the contracting parties, reduce opportunistic behavior, lower transaction costs, promote justice perceptions, improve ethical behavior and achieve value for money procurement. Poorly managed procurement contracts result in conflicts, yet in many developing countries only rich suppliers can afford to resolve disputes through courts. For other suppliers, justice is out of reach. While it has been assumed that contracts result in good performance, little research has been carried out to corroborate this assumption. In this paper we provide theoretical, empirical and policy implications of supplier delivery performance.

ABSTRACT. Public procurement, as well as constituting a means of providing goods and services, also represents a powerful legal instrument available to contracting authorities to ensure compliance with secondary or noncommercial goals. Among these secondary objectives, equality between women and men may be highlighted. The possibility of integrating social concerns into public procurement is envisaged in the Community Directives on public procurement and has also been incorporated in the legal systems of various Member States. This paper studies the inclusion of social clauses on gender equality that appear in the different phases of a procurement procedure in the Spanish Public Procurement Law (Law 30/2007, 30th October, on Public Sector Contracts).

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