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A Repartição de riscos em contratos regidos pela Lei nº 8.666/93

Silva, João Paulo da Silveira Ribeiro da
Fonte: Fundação Getúlio Vargas Publicador: Fundação Getúlio Vargas
Tipo: Outros
PT_BR
Relevância na Pesquisa
27.57%
O estudo discute a repartição de riscos entre o setor público e o setor privado em contratos administrativos regidos pela Lei nº 8.666/93. Na primeira parte, ressaltam-se os novos paradigmas do Estado e as evoluções do direito administrativo no Brasil. Na segunda parte, descreve-se o modelo tradicional de contratação pública no Brasil. Na terceira parte, discute-se a constitucionalidade da repartição objetiva de riscos em contratos administrativos. Na quarta parte, delineiam-se as diretrizes a serem seguidas pelo administrador público na repartição de riscos, segundo ditames de eficiência.; This paper addresses the issue of risk allocation between the government and the private sector in public procurements governed by Law 8.666/93. The first part of the study highlights the new paradigms of state and the evolution of administrative law in Brazil. The second part describes the traditional model of public procurement in Brazil. The third part discusses the constitutionality of the objective allocation of risks in public procurements. The fourth part provides some guidelines for risk allocation in public procurements in accordance with efficiency considerations.

Elaboração técnica de propostas para concursos de obras públicas

Lopes, Daniel Cristóvão Mendes Lopes
Fonte: Instituto Politécnico de Lisboa Publicador: Instituto Politécnico de Lisboa
Tipo: Dissertação de Mestrado
Publicado em /12/2013 POR
Relevância na Pesquisa
27.79%
O presente relatório diz respeito ao estágio curricular desenvolvido no âmbito da realização do Trabalho Final de Mestrado de Engenharia Civil, ramo de edificações, no Instituto Superior de Engenharia de Lisboa. O estágio decorreu entre março e agosto de 2013, na empresa UrbeHydraulic e teve como foco a elaboração de propostas para concursos públicos de obras hidráulicas urbanas e agrícolas. O objetivo da realização deste relatório de estágio é o de relatar a experiência do estagiário no desenvolvimento de várias de atividades selecionadas em conjunto com o orientador de estágio da entidade académica e com o orientador de estági o da entidade acolhedora. O relatório aborda as questões relacionadas com uma primeira fase da realização dos concursos públicos, sendo que posteriormente se concentra no trabalho desenvolvido na empresa para a realização das propostas para determinados concursos públicos. Desenvolveram-se atividades relacionadas com a admissão, descrição e orçamentação da proposta, medições a nível de projeto e ainda em processos de coordenação da execução da obra, sendo que todas estas permitiram o desenvolvimento de competências profissionais no campo da licitação de obras públicas e na elaboração de propostas para a realização das mesmas.; This report it´s related to the curricular internship developed by the student...

Institutional analysis of the National Park Service : |b a preliminary exploration

Siczewicz, Peter John; Nutt-Powell, Thomas Evan
Fonte: MIT Energy Laboratory Publicador: MIT Energy Laboratory
Tipo: Trabalho em Andamento Formato: 2249735 bytes; application/pdf
EN_US
Relevância na Pesquisa
17.09%
This paper is one of a series resulting from the institutional analysis of photovoltaic (PV) acceptance. It reports the results of an initial exploration of the federal non-defense arena. This exploration was undertaken in connection with a PV field test at the Natural Bridges National Monument in Utah. This field test is a collaborative venture of the Department of Energy (DOE) and the National Park Service (NPS). As the procuring agency, NPS is the focus for the paper, serving as an example of institutional action in the federal non-defense arena. Like others in this arena, NPS is involved in the legislative process, as well as program implementati;on. The primary mission of the National Park Service is to make federally-owned land available to the public in a manner which enhances the use and enjoyment ;.of natural and historic resource. NPS has nearly 300 operating units. It is organized by regions, and has two service centers (the larger of which is in Denver) which provide a variety of technical and support services to the operating units. The most important operating units are national parks, monuments and historic sites. Procurements contributing to program activities are guided by federal and agency regulation. One regulation limits procurements to proven technologies...

Contratações públicas e efetividade do princípio do desenvolvimento sustentável: implementação da política no biênio 2011-2012, pela Administração Pública Federal

Coimbra, Lucimara Oldani Taborda
Fonte: Curitiba Publicador: Curitiba
Tipo: Dissertação de Mestrado
POR
Relevância na Pesquisa
17.09%
The public procurements aim the promotion of sustainable national development, which must be economically viable, socially just and environmentally correct. And in the legal dimension, it appears as a constitutional principle, which requires the State, as relevant actor in the development process, acting in the formulation and implementation of public policies for their achievement, which underscores the political dimension of sustainability. The Brazilian legal architecture, aligned with the recommendations of Agenda 21, contemplates the use of government purchasing power to shape the pattern of consumption and production to the dictates of sustainability, by inserting in their procurements, criteria able to promote it. This dissertation aims to investigate the implementation of public policy for sustainable signings by the Federal Public Administration Direct federal public administration, autonomous agencies and foundations (members of SISG) in the years 2011 and 2012. The research is applied, exploratory, employing secondary data collected through literature and documents, the technique of qualitative analysis. As a result, it was found that the sustainable signings are still minor, comparing to the total amount of signings in the period. It was possible do find out that...

Compras públicas sustentáveis na UTFPR: estudo de caso do campus Curitiba – sede reitoria

Galli, Alessandra
Fonte: Curitiba Publicador: Curitiba
Tipo: Tese de Doutorado
POR
Relevância na Pesquisa
17.39%
This research focuses on the analysis of public procurements made by the Federal Technology University of Paraná (Universidade Tecnológica Federal do Paraná - UTFPR) from the perspective of the Sustainable Society, the Technological Education and the Science of Law. The main objective was to verify by applying these guiding theoretical aspects – named herein as Analysis Units – whether UTFPR purchases can be considered as Sustainable Public Procurements. The methodology employed for it has been a case study based on a mixed type (quantitative and qualitative) exploratory and descriptive research. Based on the analysis of 507 records of electronic auctions conducted by UTFPR in the chosen period, it was found that, out of the 14,758 items purchased, very few of them contained specific references to sustainability. According to these results, reference guidelines were specifically drawn for the case of the UTFPR Public Procurements. The purpose has been to contribute to this higher education technological institution o that it can demonstrate a clear commitment with the current rules and principles of Environmental Law and the Sustainable Society, becoming a model for other institutions performing public procurement.; CAPES; A presente pesquisa tem como tema central a análise das compras públicas realizadas na Universidade Tecnológica Federal do Paraná (UTFPR) sob o prisma da Sociedade Sustentável...

Bidder Asymmetry in Infrastructure Procurement : Are There Any Fringe Bidders?

Estache, Antonio; Iimi, Atsushi
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Relevância na Pesquisa
27.09%
Asymmetric auctions are among the most rapidly growing areas in the auction literature. The potential benefits from improved auction efficiency are expected to be enormous in public procurement auctions related to official development projects. Entrant bidders are considered a key to enhance competition in an auction and break potential collusive arrangements among incumbent bidders. Asymmetric auction theory predicts that weak (fringe) bidders would bid more aggressively when they are faced with a strong (incumbent) opponent. Using official development assistance procurement data, this paper finds that in the major infrastructure sectors, entrants submitted systematically aggressive bids in the presence of an incumbent bidder. The findings also show that a high concentration of incumbents in an auction would harm auction efficiency, raising procurement costs. The results suggest that auctioneers should encourage fringe bidders to actively participate in the bidding process while maintaining the quality of the projects. This is conducive to enhancing competitive circumstances in public procurements and improving allocative efficiency.

Joint Bidding in Infrastructure Procurement

Estache, Antonio; Iimi, Atsushi
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Relevância na Pesquisa
27.09%
To utilize public resources efficiently, it is required to take full advantage of competition in public procurement auctions. Joint bidding practices are one of the possible ways of facilitating auction competition. In theory, there are pros and cons. It may enable firms to pool their financial and experiential resources and remove barriers to entry. On the other hand, it may reduce the degree of competition and can be used as a cover for collusive behavior. The paper empirically addresses whether joint bidding is pro- or anti-competitive in Official Development Assistance procurement auctions for infrastructure projects. It reveals the possible risk of relying too much on a foreign bidding coalition and may suggest the necessity of overseeing it. The data reveal no strong evidence that joint bidding practices are compatible with competition policy, except for a few cases. In road procurements, coalitional bidding involving both local and foreign firms has been found pro-competitive. In the water and sewage sector...

NWFP Province Pakistan : Procurement Systems Performance Assessment

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Relevância na Pesquisa
17.09%
The North West Frontier Province (NWFP) is the third largest province of Pakistan. The developing countries and bilateral and multilateral donors having a concern for increasing the effectiveness, efficiency and transparency of procurement systems, under the auspices of the joint World Bank and OECD Development Assistance Committee (DAC) Procurement Round Table initiative, worked together to develop a set of tools and standards that provide guidance for improvements in procurement systems and the results they produce. Among these tools are included: (i) Benchmarking for the assessment of the structure of the public procurement systems; and (ii) Monitoring and Evaluation of the public procurement systems. With regard to the first deliverable a tool comprising a set of baseline indicators for the assessment of a country system has been developed. This tool comprising four pillars explained through twelve (12) indicators.

West African Reproductive Health Commodity Security - Development of a Sub-Regional Coordinated Informed Buying System

World Bank
Fonte: Washington, DC Publicador: Washington, DC
EN_US
Relevância na Pesquisa
27.09%
During the Fifth Ordinary Meeting of the ECOWAS Health Ministers, organized by the West African Health Organization (WAHO) in Accra, Ghana, in October 2004, the Ministers adopted a recommendation for WAHO to begin the implementation of an information sharing system that would enhance each country s ability to share and access product, supplier, and pharmaceutical market information. At WAHO s request, John Snow, Inc./DELIVER initiated this implementation, beginning with the design. This report summarizes DELIVER s findings. By starting with a well researched and designed plan for implementation, the Coordinated Informed Buying (CIB) system will better meet the needs of the users, and, ultimately, be a tool to assist the region in their efforts towards reproductive health commodity security (RHCS). Nine out of the 15 ECOWAS countries provided input, with more than 85 individuals contributing to this design. Anecdotal information suggests that sharing of various elements of pharmaceutical procurement already occurs among countries in the region but in an ad hoc or limited manner. A CIB system would potentially capitalize on this kind of experience and build a systematic strategy of regional coordination for information sharing...

MENA Shares Global Knowledge on Procurement under Public Private Partnerships

Lipson, Rachel; Ismail Ali, Nazaneen; Al-Kazzaz, Ala
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
17.09%
This MENA K&L Quick Note highlights the key lessons learned from the workshop entitled: Procurement Under Public private Partnerships (PPP): A Learning Event for the Water and Energy Sectors, held in Beirut, Lebanon on October 13-15, 2014. The event was organized by the Governance Global Practice Team at the World Bank Office in Beirut in coordination with the Public-Private Partnership Cross Cutting Solutions Area (GPCDR-PPP-CCSA). The event provided a platform to expose clients to best practices on PPP procurement, particularly in projects, sectors, and countries with upcoming PPP operations, as well as in countries that are exploring the possibility of utilizing PPP arrangements and are interested to learn more about the approach and the legal framework to support it.

An Analysis of the Effect of Knowledge Management on the Execution of Simplified Acquisition Procedures

Barnes, Jon D.; Williams, Hugh J.
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
Tipo: Tese de Doutorado
Relevância na Pesquisa
17.09%
Simplified acquisition procedures (SAPs) are a fundamental and ubiquitous component of federal contracting and are executed by acquisition professionals at all levels of government. Because of their relative simplicity, procurements using SAPs are often left to less experienced personnel who are in the inchoate stages of developing their skills and knowledge. Knowledge management (KM) represents the effective organization, dissemination, and utilization of an enterprises knowledge resources. When designed and executed with sagacity, KM can be used to enhance an organizations effectiveness in executing its mission with consistent and efficacious expertise. The goal of this research is to enable a contracting function to employ KM to gain a competitive advantage in procurements using SAP by leveraging existing databases, expertise, available training, and other sources of enterprise knowledge.

Military Cost-Benefit Analysis: Introducing Affordability in Vendor Selection Decisions

Melese, Francois; Richter, Anke; Simon, Jay
Fonte: Escola de Pós-Graduação Naval Publicador: Escola de Pós-Graduação Naval
Relevância na Pesquisa
17.09%
Proceedings Paper (for Acquisition Research Program); This study extends previous research by the authors that focuses on the growing global challenge of affordability. Ballooning public debt burdens are forcing countries around the world to rethink their approaches to procurement decisions. This paper offers a new approach to government vendor selection decisions in major public procurements. A key challenge is for government purchasing agents to select vendors that deliver the best combination of desired non-price attributes at realistic funding levels. The mechanism proposed in this paper is a three-stage, multiattribute, sealed-bid procurement auction. It extends traditional price-only auctions to one in which competition takes place exclusively over attribute bundles. The model reveals benefits in public procurements by defining an alternative in terms of its value to the buyer over a range of possible expenditures, rather than as a single point in budget-value space. This approach leads to some interesting results. In particular, it suggests that in a fiscally constrained environment, the traditional approach of eliminating dominated alternatives could lead to sub-optimal decisions. The final extension of the model explicitly examines the buyer's decision problem under budget uncertainty. The result is in a new metric proposed to evaluate vendors: an expected utility measure of performance.

How to translate results from auctions to procurements

Frutos, María Ángeles de; Castro, Luciano I. de
Fonte: Elsevier Publicador: Elsevier
Tipo: info:eu-repo/semantics/acceptedVersion; info:eu-repo/semantics/article Formato: application/pdf
Publicado em //2010 ENG
Relevância na Pesquisa
27.39%
The translation of statements from auctions to procurements is not always straightforward. We define a duality relationship between them and provide the appropriate transformations needed for establishing it. Additionally, we prove that affiliation is preserved under these transformations and establish the linkage principle for procurements.; Suggestions from V. Krishna are appreciated. Financial support from MCI (SEJ2007/04339/001) is gratefully acknowledged

Compras públicas no Pacto Federativo Brasileiro; Public procurement in the Brazilian Federative Pact

Freitas, José Carlos Wanderley Dias de
Fonte: Universidade Federal de Lavras; Programa de Pós-Graduação em Administração Pública; UFLA; brasil; Departamento de Administração e Economia Publicador: Universidade Federal de Lavras; Programa de Pós-Graduação em Administração Pública; UFLA; brasil; Departamento de Administração e Economia
Tipo: Trabalho de Conclusão de Curso
Publicado em 20/10/2015 POR
Relevância na Pesquisa
27.09%
The objective of this work is to contribute for a better understanding of the public procurement issue in Brazil with view of the federative pact and relevance of public procurements for the development of the federated entities . After an analysis on the formation and concepts that translate the federative pact in Brazil, and an investigation on the formation of the American Federation, the researcher approaches the conflict between the technical assistance the Union offers states and municipalities on the condition of the public procurement processes. This allows the aggregation of higher technical capacity to the Union’s agents and institutions, making more mature, consistent and efficient procurement processes available, in addition to the possible break on the autonomy exerted by the federated entities within the dynamics of the federative pact. This approach leads the researcher to present his experience, built over more than 25 years of professional life within Brazilian public management at the National Fund of Education Development – FNDE. The experience within the FNDE in implementing the National Price Registry (RPN) uses the mechanism from the Price Registry System (SRP) in order to acquire and make available many products used by the education systems of all states and municipalities. This generated a significant scale gain...

Gestão de compras públicas: a experiência do registro de preço nacional no fundo nacional de desenvolvimento da educação; Public procurement management: the national price register experience in the national fund for education development

Albuquerque, Garibaldi José Cordeiro de
Fonte: Universidade Federal de Lavras; Programa de Pós-Graduação do Mestrado Profissional em Administração Pública; UFLA; brasil; Departamento de Administração e Economia Publicador: Universidade Federal de Lavras; Programa de Pós-Graduação do Mestrado Profissional em Administração Pública; UFLA; brasil; Departamento de Administração e Economia
Tipo: Trabalho de Conclusão de Curso
Publicado em //2015 POR
Relevância na Pesquisa
17.09%
The present work was elaborated within the concentration area of Public Organization Management and is entitled Public Procurement Management – The experience of the National Fund for Education Development – FNDE. It is a case study with the objective of investigating the implementation process of the Price Registry System (SRP), highlighting its reflexes in terms of efficiency, transparency, accountability and meeting public interest. In this work, we research the Price Registry System implanted by the FNDE, enhancing the motivations that stimulated its implantation, as well as the innovations incorporated. We approach the challenges and resistances faced by the managers of said Autarchy during the implantation process of the abovementioned system, and present suggestions for administrative improvement in the studied reality. We propose a research agenda that will stimulate the development of new researches on public procurement. We expect this work to provide the development of technical-scientific competencies, such as domain over research methods and data analysis, knowledge regarding scientific journal databases, domain of the scientific language and of the normative aspects that rule research conduct. We seek foundations for a better understanding of the National Price Registry System (SRPN)...

Using organizational systems theory to improve Defense Acquisition and warfighter requirements

Alexander, Michael J.
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
Formato: x, 81 p. : ill.; 28 cm.
Relevância na Pesquisa
17.09%
MBA Professional Report; It is well documented that the Defense Acquisition System has habitually fallen short of providing timely, cost-cognizant procurements in support of America's warfighter requirements. Hence, this MBA study employed a systems approach to more credibly pinpoint improvement areas in the Defense Acquisition System through the use of systems theory and an organizational systems model as foundational analytical tools. The results of this study identified system incongruencies with success factors, system direction, learning, input variability, and task differentiation, which are likely sources of common, ill-conceived outcomes of the Defense Acquisition System. This analysis, through its recommendations, also laid groundwork for future, solution-oriented studies of how to suitably design Defense Acquisition System processes and structure strategies in support of warfighter needs.; It is well documented that the Defense Acquisition System has habitually fallen short of providing timely, cost-cognizant procurements in support of America’s warfighter requirements. Hence, this MBA study employed a systems approach to more credibly pinpoint improvement areas in the Defense Acquisition System through the use of systems theory and an organizational systems model as foundational analytical tools. The results of this analysis identified system incongruencies with success factors...

Analyzing the Army's configuration management system applicability to a commercial cataloguing system

Newborn, Christopher G
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
ENG
Relevância na Pesquisa
17.39%
Approved for public release; distribution is unlimited; General Motors and Ford Motor Company maintain complete Configuration Control of their products and automobiles. That is, a customer orders a replacement vehicle part from their local dealership. Within a few days, they receive the part that meets the form, fit, and function requirement. Military personnel requiring replacement or spare parts must submit a written request which requires the part name, number with revision level, and the national stock number. Barring any delays, the part is received within two to three days. In most cases, however, there are delays and it takes up to several weeks to receive the part. The purpose of this thesis is to identify the key elements required for Configuration Management, identify policies, procedures, and regulations that govern, shape and dictate secondary item procurements, and to analyze Department of the Army's and Industry's spare parts procurement process. This thesis shows the Department of the Army's and Industry's Configuration Management models are similar; but the polices and regulations that govern, shape and dictate secondary item procurements are quite different; and that Congress and Government agencies must change their policies to adapt to commercial practices. The thesis also demonstrates that the current direction the Government is taking in acquisition reform will seriously impede improvements in the field of Configuration Management...

A New Approach to Governments' Vendor Selection Decisions: A Three-Stage, Multiattribute Procurement Auction

Jay Simon; Francois Melese
Fonte: Escola de Pós-Graduação Naval Publicador: Escola de Pós-Graduação Naval
Relevância na Pesquisa
17.09%
Sponsored Report (for Acquisition Research Program); The current fiscal crisis has placed unprecedented pressure on public procurements. A major target of future public spending cuts is likely to be defense expenditures. Within the defense budget, the biggest and most immediate targets are likely to be the acquisition of new equipment, facilities, services, and supplies. Addressing the growing global challenge of affordability, this paper offers a new approach to government''s vendor selection decisions in major public procurements. In the absence of profits to guide public procurement decisions, the challenge that faces a government buyer is to select the vendor that delivers the best combination of desired non-price attributes at realistic funding levels. The governance mechanism proposed in this paper is a multiattribute first price, sealed bid procurement auction. It extends traditional price-only auctions to one in which competition takes place exclusively over bundles of desired non-price attributes. The first iteration of the model is a multiattribute auction in which a fixed budget constraint is specified. Next, the model is expanded to incorporate a range of possible budget levels. This expanded model reveals the benefits to the buyer of defining a procurement alternative (vendor bid proposal) in terms of its value to the buyer over a range of possible expenditures...

Sri Lanka : Country Procurement Assessment Report, Volume 1. Main Report

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Country Procurement Assessment (CPAR); Economic & Sector Work
ENGLISH; EN_US
Relevância na Pesquisa
27.09%
This country procurement assessment report (CPAR) is presented in two volumes: Volume I is the Summary Report and Volume II is the Detailed Report. Volume I describes the key findings on the effectiveness and transparency of the present Public Procurement System and includes a recommended action plan for improving the system. Vol. II presents the in-depth study of the existing Financial Regulations, Guidelines and the legal system in relation to procurement (in the absence of a Public Procurement Law), procedures followed for Government-funded programs vis-à-vis those funded with external assistance, standardization of documents, and the organizational setup for procurement processing and implementation, together with a General Risk Assessment. The CPAR is based on the responses to the questionnaires received, documents reviewed and interviews held. The team sent out three sets of questionnaires: one for selected government ministries, a second for the selected implementing agencies which had major procurements...

Sri Lanka : Country Procurement Assessment Report, Volume 2. Discussion and Analysis of Findings

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Country Procurement Assessment (CPAR); Economic & Sector Work
ENGLISH; EN_US
Relevância na Pesquisa
27.09%
This country procurement assessment report (CPAR) is presented in two volumes: Volume I is the Summary Report and Volume II is the Detailed Report. Volume I describes the key findings on the effectiveness and transparency of the present Public Procurement System and includes a recommended action plan for improving the system. Vol. II presents the in-depth study of the existing Financial Regulations, Guidelines and the legal system in relation to procurement (in the absence of a Public Procurement Law), procedures followed for Government-funded programs vis-à-vis those funded with external assistance, standardization of documents, and the organizational setup for procurement processing and implementation, together with a General Risk Assessment. The CPAR is based on the responses to the questionnaires received, documents reviewed and interviews held. The team sent out three sets of questionnaires: one for selected government ministries, a second for the selected implementing agencies which had major procurements...