A DYNAMIC WHOLE-CYCLE APPROACH TO PUBLIC PROCUREMENT: A PRACTITIONER’S PERSPECTIVE ON BEST-PRACTICE METHODOLOGIES

  • Neli Garbuzanova Senior Procurement Manager (National Health Service, England); Member of the European Commission Stakeholder Expert Group on Public Procurement
Keywords: whole cycle procurement, public procurement

Abstract

 In a world where social, environmental and health crises are becoming more common we need to find strategies to respond to sudden changes without compromising important principles such as transparency, integrity and accountability. If every day presents a new crisis, do we end up in a perpetual ‘fire-fighting’ and ‘emergency’ mode or do we adopt an adaptable procurement methodology that helps us swiftly address any challenge?This paper advocates for a dynamic whole cycle procurement model as an effective way to adjust to ever-changing circumstances and remain relevant for the future. The model adopts a holistic approach to public procurement, starting from needs identification and design of successful strategies, building on effective procurement processes and leading to good contracts and ability to review and reflect. The dynamic interaction between the different stages, the suggested key governance checkpoints, as well as the adoption of the ‘right process’ and multidisciplinary perspective are the core themes of the paper.The article synthesises procurement practice and methodologies in a pragmatic, yet comprehensive and engaging way and encourages interdisciplinary dialogue. An important feature of the proposed model is that it is powered by constant flow of feedback and is subject to adjustments when circumstances change, within permissible limits. In addition, it suggesta a distinction between formal checkpoints and informal self-governance at various stages of the cycle.Most importantly, the paper aspires to showcase procurement as an inspiring and dynamic profession rather than a bureaucratic administrative function and offer some practical tips and reflections on how to master the ‘art’ of procurement.

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References

Rosling, H., 2016. Factfulness: Ten Reasons We’re Wrong about the World--and Why Things Are Better Than You Think. New York: Flatiron Books.

O’Neil, C., 2016. Weapons of math destruction : how big data increases inequality and threatens democracy. New York: Crown Publishers.

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC

UNCITRAL Model Law on Public Procurement (2011)

Coulter, A. and Collins, A, 2011. Making-shared decision-making a reality, No decision about me, without me (online) Available at: https://www.kingsfund.org.uk/sites/default/files/Making-shared-decision-making-a-reality-paper-Angela-Coulter-Alf-Collins-July-2011_0.pdf (Accessed 4 Oct.2020)

Department of Health 2012. Liberating the NHS: No decision about me, without me. Government response (online) Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/216980/Liberating-the-NHS-No-decision-about-me-without-me-Government-response.pdf (Accessed 4 Oct.2020)

OECD, SIGMA: Creating change together 2016. Brief 36 on Public Procurement, Division of Contracts into Lots (online) http://www.sigmaweb.org/publications/Public-Procurement-Policy-Brief-36-200117.pdf (Accessed 4 Oct. 2020)

Sanchez Graells, A. 2015. Division of contracts into lots under Reg. 46 Public Contracts Regulations 2015 — How to Crack a Nut. (online) Available at: https://www.howtocrackanut.com/blog/2015/04/division-of-contracts-into-lots-under.html (Accessed 4 Oct. 2020)

Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC) (14 July 2015)

Judgment of 29 April 2004, Commission of the European Communities v CAS Succhi di Frutta SpA; C-496/99 P, ECLI:EU:C:2004:236.

Judgment of 19 June 2008, Pressetext Nachrichtenagentur GmbH v Republik Österreich (Bund) and Others, C-454/06, ECLI:EU:C:2008:351

Edenred (UK Group) Ltd & Anor v Her Majesty’s Treasury & Ors [2015] UKSC 45

Judgment of 7 September 2016, Finn Frogne A/S v. Rigspolitiet ved Center for Beredskabskommunikation, C-549/14, ECLI:EU:C:2016:634

Heard, E. 2019, Article available online at https://emlawshare.co.uk/resource/articles/procurement-contract-change-provisions/. (Accessed Feb 2019)

R (on the application of Kim Alexander Gottlieb) v Winchester City Council [2015] EWHC 231 (Admin)

Channel Tunnel Group LTD & Anr v. The Secretary of State for Transport, Case No. HT-2019-000028

Judgment of 5 October 2000, Commission v France (2000), C-337/98, ECLI:EU:C:2000:543

Ericsson, K.A., Krampe, R.T. and Tesch-Römer, C., 1993. The role of deliberate practice in the acquisition of expert performance. Psychological Review, (online) 100(3), pp.363–406. Available at: http://doi.apa.org/getdoi.cfm?doi=10.1037/0033-295X.100.3.363 (Accessed 4 Oct. 2020)

United Nations Sustainable Development Goals, Goal 12, (online) Available at: https://sustainabledevelopment.un.org/sdg12 (Accessed 4 Oct. 2020)

Published
2019-12-31
Section
Articles & notes