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Advanced Public Procurement (2013)

By: United Nations Institute for Training and Research (UNITAR)

Switzerland

13 May - 14 Jun, 2013  2 month, 2 day

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In the matters of contracts, some distinction is inevitable between the position of the State, whose main concern is the betterment of the society as a whole, and an individual who views his own benefit. There are special rules of procedure to be followed while selling to or buying from the government. Failure to comply with the prescribed formalities renders a contract unenforceable. Necessarily, the government must operate solely through representatives, who, unlike agents in private enterprises, lack supervising capacity motivated by personal profit incentive. The government is not bound by an agreement unless the officer making it has express authority to enter into contracts on behalf of the government and has acted within the scope of this authority. The division of government functions results in one authority providing funds, another determining the manner of expenditure, and frequently, the third performing the actual purchasing while the user of such purchaser is the fourth authority. The fifth authority supervises and controls the entire procurement activities of the procuring entities. The government reserves to itself a right to terminate the contract at any time without assigning any reasons. Procurement matters in some countries enjoy sovereign immunity against legal actions. Similarly, a longer period of limitation is available to the governments and public procurement entities for filing suits and other legal proceedings than available to ordinary persons or private business entities. In fact, some of these are the privileges enjoyed by the “governments or public authorities”. 

ONLINE May 13 - 14 Jun, 2013

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