PUBLIC CONTRACT LAW CONFERENCE

Previously Published Papers on "Public Contract Law Conference"

• Public-Private Partnership Transportation Projects: An Exploratory Study

  Authors: Medya Fathi, Keywords: Cost, delivery method, highway, public-private partnership, schedule, transportation. DOI:10.5281/zenodo. Abstract: When public transportation projects were delivered through design-bid-build and later design-build, governments found a serious issue: inadequate funding. With population growth, governments began to develop new arrangements in which the private sectors were involved to cut the financial burden. This arrangement, Public-Private Partnership (PPP), has its own risks; however, performance outputs can motivate or discourage its use. On top of such output are time and budget, which can be affected by the type of project delivery methods. Project completion within or ahead of schedule as well as within or under budget is among any owner’s objectives. With a higher application of PPP in the highway industry in the US and insufficient research, the current study addresses the schedule and cost performance of PPP highway projects and determines which one outperforms the other. To meet this objective, after collecting performance data of all PPP projects, schedule growth and cost growth are calculated, and finally, statistical analysis is conducted to evaluate the PPP performance. The results show that PPP highway projects on average have saved time and cost; however, the main benefit is a faster delivery rather than an under-budget completion. This study can provide better insights to understand PPP highways’ performance and assist practitioners in applying PPP for transportation projects with the opportunity to save time and cost.

• Government of Ghana’s Budget: Its Functions, Coverage, Classification, and Integration with Chart of Accounts

  Authors: Mohammed Sani Abdulai, Keywords: Budget, budgetary transactions, budgetary governance, Chart of Accounts, classification, composition, coverage, Public Financial Management. DOI:10.5281/zenodo. Abstract: Government budgets are the primary instruments for formulating and implementing a country’s fiscal policy objectives, development priorities, and the overall socio-economic aspirations of its people. Thus, in this paper, the author examined the Government of Ghana’s budgets with respect to their functions, coverage, classifications, and integration with the country’s chart of accounts. The author did so by amalgamating the research findings of extant literature with (a) the operational and procedural guidelines underpinning the formulation and execution of the government’s budgets; (b) the recommendations made by various development partners and thinktanks on reforming the country’s budgeting processes and procedures; and (c) the lessons Ghana could learn from the budget reform efforts of other countries. By way of research findings, the paper showed that the Government of Ghana’s budgets in terms of function are both eclectic and multidimensional. On coverage, the paper showed that the country’s budgets duly cover the revenues and expenditures of the general government (i.e., both the central and sub-national governments). Finally, on classifications, the paper noted with delight the Government of Ghana’s effort in providing classificatory codes to both its national development agenda and such international development goals as the AU’s Agenda 2063 and the UN’s Sustainable Development Goals. However, the paper found some significant lapses that require a complete overhaul and structuring on the integrations of its budget classifications with its chart of accounts. Thus, the paper concluded with a detailed examination of the challenges confronting the country’s current chart of accounts and recommendations for addressing them.

• The Public Law Studies: Relationship between Accountability, Environmental Education and Smart Cities

  Authors: Aline Alves Bandeira, Luís Pedro Lima, Maria Cecília de Paula Silva, Paulo Henrique de Viveiros Tavares, Keywords: Accountability, environmental education, new public administration, smart cities. DOI:10.5281/zenodo. Abstract: Nowadays, the study of public policies regarding management efficiency is essential. Public policies are about what governments do or do not do, being an area that has grown worldwide, contributing through the knowledge of technologies and methodologies that monitor and evaluate the performance of public administrators. The information published on official government websites needs to provide for transparency and responsiveness of managers. Thus, transparency is a primordial factor for the execution of accountability, providing, in this way, services to the citizen with the expansion of transparent, efficient, democratic information and that value administrative eco-efficiency. The ecologically balanced management of a Smart City must optimize environmental education, building a fairer society, which brings about equality in the use of quality environmental resources. Smart Cities add value in the construction of public management, enabling interaction between people, enhancing environmental education and the practical applicability of administrative eco-efficiency, fostering economic development and improving the quality of life.

• Barriers to the Use of Factoring Accounts Receivables: The Ghanaian Contractor’s Perception

  Authors: E. Kissi, V. K. Acheamfour, J. J. Gyimah, T. Adjei-Kumi, Keywords: Barriers, contractors, factoring accounts receivables, Ghanaian, perception. DOI:10.5281/zenodo. Abstract: Factoring accounts receivable is widely accepted as an alternative financing source and utilized in almost every industry that sells business-to-business or business-to-government. However, its patronage in the construction industry is very limited as some barriers hinder its application in the construction industry. This study aims at assessing the barriers to the use of factoring accounts receivables in the Ghanaian construction industry. The study adopted the sequential exploratory research method where structured and unstructured questionnaires were conveniently distributed to D1K1 and D2K2 construction firms in Ghana. Using the one-sample t-test and Kendall’s Coefficient of concordance data were analyzed. The most severe challenge concluded is the high cost of factoring patronage. Other critical challenges identified were low knowledge on factoring processes, inadequate access to information on factoring, and high risks involved in factoring. Hence, it is recommended that contractors should be made aware of the prospects of factoring of accounts receivables in the construction industry. This study serves as basis for further rigorous research into factoring of accounts receivables in the industry.

• Fundamentals of Performance Management in the World of Public Service Organisations

  Authors: Daniella Kucsma, Keywords: health sector, public sector, performance management, strategy DOI:10.5281/zenodo. Abstract: The examination of the Public Service Organization’s performance evaluation includes several steps that help public organizations to develop a more efficient system. Public sector organizations have different characteristics than the competitive sector, so it can be stated that other/new elements become more important in their performance processes. The literature in this area is diverse, so highlighting an indicator system can be useful for introducing a system, but it is also worthwhile to measure the specific elements of the organization. In the case of a public service organization, due to the service obligation, it is usually possible to talk about a high number of users, so compliance is more difficult. For the organization, it is an important target to place great emphasis on the increase of service standards and the development of related processes. In this research, the health sector is given a prominent role, as it is a sensitive area where both organizational and individual performance is important for all participants. As a primary step, the content of the strategy is decisive, as this is important for the efficient structure of the process. When designing any system, it is important to review the expectations of the stakeholders, as this is primary when considering the design. The goal of this paper is to build the foundations of a performance management and indexing framework that can help a hospital to provide effective feedback and a direction that is important in assessing and developing a service and can become a management philosophy.

• Careers-Outreach Programmes for Children: Lessons for Perceptions of Engineering and Manufacturing

  Authors: Niall J. English, Sylvia Leatham, Maria Isabel Meza Silva, Denis P. Dowling, Keywords: outreach, education and public engagement, careers, peer interactions DOI:10.5281/zenodo. Abstract: The training and education of under- and post-graduate students can be promoted by more active learning especially in engineering, overcoming more passive and vicarious experiences and approaches in their documented effectiveness. However, the possibility of outreach to young pupils and school-children in primary and secondary schools is a lesser explored area in terms of Education and Public Engagement (EPE) efforts – as relates to feedback and influence on shaping 3rd-level engineering training and education. Therefore, the outreach and school-visit agenda constitutes an interesting avenue to observe how active learning, careers stimulus and EPE efforts for young children and teenagers can teach the university sector, to improve future engineering-teaching standards and enhance both quality and capabilities of practice. This intervention involved careers-outreach efforts to lead to statistical determinations of motivations towards engineering, manufacturing and training. The aim was to gauge to what extent this intervention would lead to an increased careers awareness in engineering, using the method of the schools-visits programme as the means for so doing. It was found that this led to an increase in engagement by school pupils with engineering as a career option and a greater awareness of the importance of manufacturing. 

• The Influence of Job Recognition and Job Motivation on Organizational Commitment in Public Sector: The Mediation Role of Employee Engagement

  Authors: Muhammad Tayyab, Saba Saira, Keywords: Job motivation, job recognition, employee engagement, employee commitment, public sector, land record officers. DOI:10.5281/zenodo. Abstract: It is an established fact that organizations across the globe consider employees as their assets and try to advance their well-being. However, the local firms of developing countries are mostly profit oriented and do not have much concern about their employees’ engagement or commitment. Like other developing countries, the local organizations of Pakistan are also less concerned about the well-being of their employees. Especially public sector organizations lack concern regarding engagement, satisfaction or commitment of the employees. Therefore, this study aimed at investigating the impact of job recognition and job motivation on organizational commitment in the mediation role of employee engagement. The data were collected from land record officers of board of revenue, Punjab, Pakistan. Structured questionnaire was used to collect data through physically visiting land record officers and also through the internet. A total of 318 land record officers’ responses were finalized to perform data analysis. The data were analyzed through confirmatory factor analysis and structural equation modeling technique. The findings revealed that job recognition and job motivation have direct as well as indirect positive and significant impact on organizational commitment. The limitations, practical implications and future research indications are also explained.

• Qualitative Profiling in Practice: The Italian Public Employment Services Experience

  Authors: L. Agneni, F. Carta, C. Micheletta, V. Tersigni, Keywords: Labour market transition, Public Employment Services, qualitative profiling, vocational guidance. DOI:10.5281/zenodo. Abstract: The development of a qualitative method to profile jobseekers is needed to improve the quality of the Public Employment Services (PES) in Italy. This is why the National Agency for Active Labour Market Policies (ANPAL) decided to introduce a Qualitative Profiling Service in the context of the activities carried out by local employment offices’ operators. The qualitative profiling service provides information and data regarding the jobseeker’s personal transition status, through a semi-structured questionnaire administered to PES clients during the guidance interview. The questionnaire responses allow PES staff to identify, for each client, proper activities and policy measures to support jobseekers in their reintegration into the labour market. Data and information gathered by the qualitative profiling tool are the following: frequency, modalities and motivations for clients to apply to local employment offices; clients’ expectations and skills; difficulties that they have faced during the previous working experiences; strategies, actions undertaken and activated channels for job search. These data are used to assess jobseekers’ personal and career characteristics and to measure their employability level (qualitative profiling index), in order to develop and deliver tailor-made action programmes for each client. This paper illustrates the use of the above-mentioned qualitative profiling service on the national territory and provides an overview of the main findings of the survey: concerning the difficulties that unemployed people face in finding a job and their perception of different aspects related to the transition in the labour market. The survey involved over 10.000 jobseekers registered with the PES. Most of them are beneficiaries of the “citizens' income”, a specific active labour policy and social inclusion measure. Furthermore, data analysis allows classifying jobseekers into a specific group of clients with similar features and behaviours, on the basis of socio-demographic variables, customers' expectations, needs and required skills for the profession for which they seek employment. Finally, the survey collects PES staff opinions and comments concerning clients’ difficulties in finding a new job and also their strengths. This is a starting point for PESs’ operators to define adequate strategies to facilitate jobseekers’ access or reintegration into the labour market.

• Improvement of Contractor’s Competitiveness through Sustainable Construction Practices in UAE

  Authors: Sareh Rajabi, Taha Anjamrooz, Salwa Bheiry, Keywords: Sustainable construction practice, sustainability, competitiveness, construction industry, contractors. DOI:10.5281/zenodo. Abstract: Sustainability of construction projects is an important issue to be addressed since the sector will continue to be developed in the coming years, especially in developing countries. Thus, it is significant to discover approaches and solutions for improving sustainability. Currently, the construction industry is the largest consumer of natural resources. This is the same in other countries in the Gulf region, and the United Arab Emirates (UAE) has limited natural resources such as water, electricity, etc. Recently, the UAE has taken several actions in order to implement sustainable initiatives within its construction industry. Within the industry, the contractors’ role is significant in promoting sustainable development by taking the responsibility to minimize their negative impacts on the environment and society, and maximize their economic distribution. In this research, sustainability will be studied as an important key to bring competitive advantages to contracting organizations. The contractors should understand the need to improve their sustainable performance in order to expand their business competitiveness. Competitiveness at the construction project level refers to a contractor’s ability to compete for a project. There is less focus on how to improve contractors’ competitiveness by implementing sustainable construction practices. Based on an inclusive literature review on the relationship between sustainability performance and business competitiveness, this research will conduct a study of sustainable practice in the construction industry and the relationship between sustainability performance and business competitiveness in order to develop a framework for evaluating how contractors can improve their competitiveness in terms of more efficient processes, enhancements in productivity, and lower costs of compliance in order to reduce the initial project cost and obtain market opportunities in the UAE. The research findings will provide a framework that can be a useful guideline for contractors to develop their sustainability policy, strategy and practice for meeting the increased requirements for sustainable development in construction.

• Enhancement of Accountability within the South African Public Sector: Knowledge Gained from the Case of a National Commissioner of the South African Police Service

  Authors: Yasmin Nanabhay, Keywords: Public sector, public accountability, internal control, oversight mechanisms, non-compliance, corruption, mal-administration. DOI:10.5281/zenodo. Abstract: The paper scrutinizes the literature on accountability and non-accountability, and then presents an analysis of a South African case which demonstrated consequences of a lack of accountability. Ethical conduct displayed by members of the public sector is integral to creating a sustainable democratic government, which upholds the constitutional tenets of accountability, transparency and professional ethicality. Furthermore, a true constitutional democracy emphasises and advocates the notion of service leadership that nurtures public participation and engages with citizens in a positive manner. Ethical conduct and accountability in the public sector earns public trust; hence these are key principles in good governance. Yet, in the years since the advent of democracy in South Africa, the government has been plagued by rampant corruption and mal-administration by public officials and politicians in leadership positions. The control measures passed by government in an attempt to ensure ethicality and accountability within the public sector include codes of ethics, rules of conduct and the enactment of legislation. These are intended to shape the mindset of members of the public sector, with the ultimate aim of an efficient, effective, ethical, responsive and accountable public service. The purpose of the paper is to analyse control systems and accountability within the public sector and to present reasons for non-accountability by means of a selected case study. The selected case study is the corruption trial of Jackie Selebi, who served as National Commissioner of the South African Police Service but was dismissed from the post. The reasons for non-accountability in the public sector as well as recommendations based on the findings to enhance accountability will be undertaken. The case study demonstrates the experience and impact of corruption and/or mal-administration, as a result of a lack of accountability, which has contributed to the increasing loss of confidence in political leadership in the country as elsewhere in the world. The literature is applied to the erstwhile National Commissioner of the South African Police Service and President of Interpol, as a case study of non-accountability.