Public procurement and innovation. Is defence different? Conversation with Dr Oishee Kundu (Cardiff University)

Institute of Law at the University of Silesia in Katowice invites you to participate in a 60 minutes conversation with Dr Oishee Kundu (Cardiff University) about the role of innovation in public procurement, similarities and differences with the defence sector.

Date: Wednesday, January 19, 2022 14.00 CET/ 8.00 AM, ET

Speaker: Dr Oishee Kundu - Research Associate at Cardiff University, supporting the Innovative Future Services program within Y Lab, the public services innovation lab in Wales. She is a founding member of CRISPP, a collaborative network of researchers in Manchester and Birmingham investigating innovative and strategic public procurement in the UK.

Her doctoral project ''Public procurement and innovation: is defence different?'' explores the assumptions about defence procurement and examines them within the empirical context of four recent public procurement projects in the UK (two defence projects, and two ‘civilian’ public transport projects). She worked under the supervision of Prof Andrew James and Dr John Rigby at the University of Manchester. The thesis was examined by Prof Nick Vonortas (The George Washington University) and Prof Jakob Edler (University of Manchester, Fraunhofer Institute for Systems and Innovation Research) in March 2021. 

In her presentation, Dr Kundu will briefly recount the research which was conducted, describing the dimensions along which defence and civilian procurement were compared (the framework), the different sources of data and research methods used (mainly text analysis), and the findings.

Host: Michał Kania (Professor at the University of Silesia, Poland)

Registration

The Public procurement role in the achievement of the Polish National Recovery Plan aims

In the latest issue of The European Journal of Accounting, Finance & Business, I had the opportunity to discuss the problems relating to the critical role of public procurement if Poland is awarded funds from the European Reconstruction Fund. While preparing this article in July, I hoped that it would not be merely theoretical.

I still hope so...

Article available here: European Journal of Accounting, Finance & Business

Public procurement in the European Judical Review

The 7th issue of the European Judicial Review has been entirely devoted to issues related to public procurement. The issue has been realesed with the contribution of the Polish Public Procurement Association. Among the authors: Aldona Kowalczyk, prof. Aleksandra Sołtysińska, dr Wojciech Hartung, Katarzyna Kuźma, prof. Marta Andhov, Mirella Lechna-Marchewka, Anna Szymańska, prof. Piotr Bogdanowicz, Jarosław Jerzykowski, dr Jarosław Kola,  Anna Specht-Schampera, Tomasz Dąbrowski, and prof. Michał Kania.

Issues discussed include: the institution of self-cleaning in public procurement, grounds for exclusion from a public procurement procedure, the framework agreement in European public procurement law, cancellation of a public procurement contract due to violation of the standstill period, termination of a procurement contract by mutual agreement of the parties, the remuneration of a public contract and the examination of an abnormally low price, the restrictive approach to the exclusion of the application of EU public procurement law in the broad sense of in-house procurement, the impact of the White Paper on the leveling of foreign subsidies on public procurement markets.

More to read:EJR

''The amicable resolution of the disputes on the grounds of the Public Procurement Law of 11 September 2019”. Polish Public Procurement Law Journal

In the latest issue of the C.H. Beck Public Procurement Law Journal, I had the pleasure of discussing issues concerning ''The amicable resolution of disputes on the grounds of the Public Procurement Law of 11 September 2019''. 

The new Public Procurement Law of 11 September 2019 explicitly provides for the possibility of using out-of-court means of resolving disputes arising in connection with public procurement contracts. The purpose of the regulation contained in Articles 591-595 is primarily there to increase the attractiveness of the public procurement market in the eyes of the private sector, by creating an opportunity to benefit from a quick and professional settlement of disputes with contracting authorities. The new regulation may also have the advantage of increasing the effectiveness of public procurement. Mediation and conciliation will be the basic methods of amicably resolving disputes arising in connection with public procurement. Despite the fact that the new regulation does not expressly provide for the use of arbitration, the possibility of using it in disputes arising in connection with contracts in matters of public procurement results from the general regulation of Article 1154 of the CCP. The use of ADR in the practice of public procurement is connected with the need to increase competence and knowledge on the part of the ordering parties, and to guarantee an appropriate level of professionalism of mediators, conciliators and arbitrators.

Success of the Faculty of Law and Administration (University of Silesia) Team in the Moot Court "Legal representation before the National Appeal Chamber''

On 21 May 2021 the team of the University of Silesia in Katowice took part in the final round of the second edition of the Moot Court tournament "Legal representation before the National Chamber of Appeal (KIO)". The competition was organized by the Public Procurement Law Association. Honorary patronage over the II edition of the tournament took Hubert Nowak - President of the Polish Public Procurement Office.

The tournament consisted in the simulation of proceedings before the KIO based on the case studies related to the problems of the course of proceedings for the award of public procurement in accordance with the provisions of the new Public Procurement Law of 11 September 2019. In December 2020, preparations for the competition under the supervision of PhD candidate Aleksandra Klefas, and professor Michał Kania, began with a six-person team composed of: Konrad Lach, Piotr Lach, Artur Tyński, Paulina Wójcik, Wojciech Wydmański, Marta Zdunek.

The preparations included a series of 10 seminars devoted to new public procurement law regulations and meetings with practitioners: Agnieszka Piwowarczyk, PhD, Robert Zugaj, attorney, and KIO member Katarzyna Poprawa. The university stage ended with a test of knowledge about public procurement. Piotr Lach, Paulina Wójcik and Marta Zdunek qualified to the final stage.

The representation of the University of Silesia drew the role of the Appellant. Its task was to lead to the repeal of unfavorable for the client provisions of the terms and conditions of the contract prepared by the Employer, which limited access to participate in the procedure. In the final of the competition, which took place in Warsaw, the University of Silesia team won the second place.

Public Procurement and Public Private-Partnership

Public Procurement and Public Private-Partnership (PPP) are methods, which can support public sector in achieving common golas, such as: sustainability and innovation of public infrastructure. Public procurement and PPP shall respond to the current global challenges such as combat of pandemia, implementation of 4th Industrial Revolution benefits, 5G, building Smart Cities, responding to geostrategic challenges and improving of eco-innovation. The role of academics, both private and public sector is to support the public procurement and PPP in common public mission.

 

Michał Kania, professor at the University of Silesia in Poland, legal adviser with 16 years of practical experience in PPP, public procurement and concession contracts, member of the Just Transition Research Group at the University of Silesia. Active member of the Public Procurement Association in Poland, Visiting Fulbright Scholar at the George Washington University (2018-2019), Fellowship of German Academic Exchange Service at the Ludwig Maximilian University in Munich (2017), author of more than 100 publications regarding PPP, public procurement law, administration law and administration procedure, speaker at the Polish and international conferences, initiator and lecturer at the Postgraduate Studies in Public-Private Partnership and Public Procurement at the University of Silesia, founder and the first president of the PPP Academic Support Foundation, founder of the program ‘’PPP- Good Choice’’ (active in years 2009 – 2014), former president of the PPP Commission by the Conference of Rectors of Academic Schools in Poland, independent adviser for the Polish Ministry of Development for the concept of the new Polish Public Procurement Act, adopted on 11 September 2019, plenipotentiary of the President of the University of Silesia for PPP projects, MBA, with the final thesis: ,,Economic and financial analyses in public – private partnership projects’’.

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