Public Procurement Law: Case Analysis Sample Essay

Introduction

This case study analysis will consider two scenarios. The first scenario argues as if there is enough evidence that, Bill who joined Peradua as their Director of Procurement in September 2009 did help Peradua to win the contract of replacing reporting system and that the Trust did not follow the correct procedures in awarding the contract. The second analysis argues that there is not enough evidence that Bill helped Peradua win the contract and that the Trust followed the correct procedures in awarding the contract to Peradua.

The first scenario: The Trust did not follow the correct procedures in awarding the contract to Peradua

Under open procurement procedures, in accordance with regulations 23 – 26 of Public procurement law, the Trust did not conduct a proper evaluation of the bids presented to it so as to ascertain whether the participating economic operators were eligible to tender their bids as required in provision 23 of public procurement law (Trepte, 2007). The circumstances surrounding how Perudua was awarded the contract are questionable as per public procurement directives. From the case study, Peradua only tendered for the contract after Bill had joined them, just three weeks before the deadline for tender submission. Bill was working with Adastra at the time of the preparation of tender documents. He, therefore, had all information as per what constituted the tendered documents by Adastra. Of special importance, in this case, is the price that Adastra bided. A closer look at the circumstances surrounding the awarding of the contract to parade suggests that there is evidence of bribery on the side of Peradua.

It is clear from the case study that, Bill, the new procurement director of the Peradua integrity was questionable. This is evidenced by his former behavior while working in a copper mining company in Peru. Where he was involved in bribery and had a criminal record. It can therefore be conclusively agreed that, in this case, study, he was bribed by Peradua into joining them to help them win the said contract.

Bill helped Peradua get the contract by disclosing the Bid price, Adastra had quoted in their tender documents. By knowing the bid price Adastra had tendered, Peradua was in a position to bid at a lower price. The main criteria as per Trust’s specifications were to award the contract to the economic operator whose bid price was the lowest. Peradua knowing what Adastra (competitor) had bided, had an undue advantage over Adastra in tendering for the contract (Arrowsmith, 1993).

To ascertain whether there were malpractices in the contract procurement process Aurora NHS Trust are required to provide the information requested by Adastra. But, in accordance with the Freedom of Information Act 2000, Aurora NHS Trust is barred from providing the information requested by Adastra, if the information so sourced is not of great importance to the public (Trepte, 2007). The Act, however, has a provision that gives individuals the right to access the information kept by public entities in some cases. It also has a provision that creates exemptions from the liability to disclose information and the provision that sets up the pacts for enforcement and appeal (Gormley, 1997). As a public entity, Aurora should comply with this Act’s provision and provide Adastra the information on the criteria they used to arrive how at their decision and details of the winning bid. This will help Adastra in understanding whether Aurora NHS Trust used the correct procedure in awarding the contract to Peradua. This information can guide Adastra in filing a lawsuit against the Trust if the information reveals that the Trust did not follow the correct procedure in awarding the contract to Peradua.

Adastra can prevent Peradua from beginning the work in January. If Adastra establishes that Peradua used bribery to win the contract, it has the right to file a lawsuit barring Peradua from beginning the work in January. This is because as per the Public procurement directives in England, the contracting authority should follow the correct process in awarding a contract. All parties involved are required by law to adhere to best public procurement practices.

Additionally, for this case study, the circumstances surrounding the winning of the contract suggest that Peradua violated the public procurement directives as stipulated in the procurement law. If the court finds that there is enough evidence, it should stop Peradua from beginning the work and compel the Trust to initiate a new one whereby it will follow the correct process. Without question, we see how Peradua utilized the knowledge concerning the tendering of Adastra through Bill to win the contract. This is in violation of public procurement directives and therefore Adastra can stop Peradua from starting the work in January (Bovis, 2005).

Adastra can as well sue the Trust for not following the correct process in awarding Peradua the contract. First, the Trust gave the contract to Perudua in suspicious circumstances. Perodua was the last to send their bid and I do not think whether the three weeks time span was sufficient for the Trust to fully evaluate the qualifications of Peradua in order to ascertain whether it was eligible for the contract (Arrowsmith, 1993). Following this, it is clear that the Trust did not carry out a proper evaluation of Perudua position about the contract. For instance, if the Trust had conducted a proper evaluation of Peradua before awarding the contract, it could have established that those who participated in Peradua tender were corrupt, Bill (the new procurement director for Peradua) had a previous conviction of bribery and as such their tendering may not have followed the correct procurement procedures.

There is clear evidence that the Trust abetted bribery that led it not to follow the correct procurement procedure. This is a violation of public procurement directives as stipulated in England law (Hjelmborg & Jakobsen, 2006). This can guide Adastra in stopping the work as scheduled.

Since, the Trust failed to follow the correct procurement, hence breaching public procurement directives it is liable for the damages that Adastra suffered in the course of the contract process (Gormley, 1997). Peradua is also liable for damages Adastra suffered in the course of the tendering process. Peradua violated public procurement law by using the information that it got from Bill, the former Adastra procurement boss to win the tender. According to privacy law, it is illegal to access someone’s private information (Tyrell & Bedford, 1997). And in pursuant to privacy law, Peradua violated Adastra’s right to keep its information confidential.

Adastra should be compensated for the financial loss it incurred due to loss of man-hours from its workers lost in days they were involved in the tendering process. It should also be paid by the Peradua for using its private information to win the contract with Trust.

The tender details of Peradua in law are classified as private and confidential information but in this case study, Peradua can be compelled by the court to disclose them (Hjelmborg & Jakobsen, 2006). Under privacy law, nobody is allowed to disclose someone’s private information. This law protects individuals’ private information from being used by others who are dangerous. Under the Public Interest Disclosure Act, there is a provision that stipulates that where there is evidence of impropriety within a firm as in the case of Peradua then the information should be made public without fear of revenge (Trybus, 1999). Perhaps, this is founded on the idea that malpractice can be prevented by giving protection to those who disclose knowledge that is of a greater public interest (Fernandez, 1996).

In law, if this information is of significant help in promoting public interests (Trybus, 1999). We see from the circumstances surrounding the case as of great importance to the public. For there are elements of bribery and the public is against all sorts of corruption since this violates the principle of fair play.

Under the Public Interest Disclosure Act, there is a provision that affords the public to know information that is of significant use in the pursuit of their interest. In this case, to expose the corruption in the awarding of the contract, it is of public value that the Trust discloses details of its Paredua’s tender.

Adastra is fulfilling its obligations in terms of social responsibility, ethics, and professionalism by trying to unearth the malpractice that occurred in the awarding of the contract to Peradua (Bovis, 2005). By questioning whether the Trust followed the correct public procurement process, Adastra is trying to end the culture of bribery in the public procurement process. On the other hand, Peradua is failing in all the tenets of social responsibility, ethics, and professionalism about the case under study. For one, it bribed Bill so that he can disclose some information that gave it undue advantages over its competitor (Adastra). Perudua used bribery to win a contract and that amounts to encouraging bribery which is against the principle of social responsibility.

The second scenario: The Trust followed the correct procedures in awarding the contract to Peradua

Discussion

Under the public procurement directives, the Trust followed the correct procedures in awarding the contract to Perudua. Under the open procedure, the Trust followed the correct procedure as specified in the public procurement laws (Weiss, 1993). The Trust as the contracting body advertised its intention, under Article 19 of the public procurement law, to seek bids in relation to the contract (replacing the current reporting system). The Trust also fixed the last date for receipt of bids in its contract notice whereby it gave more than 52 days (as per the procurement law) from the date when it first advertised the contract for the last receipt of bids (McCrudden, 2007).

Adastra Information Management Limited and Peradua Information Technology Services Limited among other economic operators requested the contract documents in good time that allowed the Trust, to respond to their bids in accordance to public procurement directives. The Trust also gave the economic operators an opportunity to inspect the site about the contract as required by law (Arrowsmith, 1992).

Under open procurement procedures, in accordance with regulations 23 – 26 the Trust evaluated the bids to ascertain whether the economic operators may be considered as ineligible to tender as provided in provision 23 (Bovis, 2006). The Trust examined the economic operators to ascertain whether they met the minimum qualifications it required since both parties had done previous assignments for the Trust. Both Adastra and Peradua met the required qualifications, that is sound economic, financial, and technical ability as specified in the tender document.

In awarding the contract to Peradua, the Trust based its reason on exclusively the lowest price. This was appropriate for this case study, as the Trust’s contract specifications were very clear and fixed, and without any ambiguity (Arrowsmith, 2005).

According to the criteria of exclusively the lowest price, the contract is awarded to the bidder who was not eliminated from the tender process at the qualitative selection phase and whose bid was not eliminated in the technical examination phase (Digings, & Bennett, 1992). The bid was considered to be meeting all specifications. It is also the bid that was, (in the financial evaluation phase), providing the most economical solution for the Trust.

The Trust is also considered the most economically sound bid. The Trust had worked with Peradua before and it never doubted their quality of work and as such Perudua was the economic operator whose tender bid was the most economically sound. The Trust might also have given some emphasis on its operational performance.

In respecting the law of fair treatment in procurement procedure and transparency, the Trust provided all relevant information pertaining bid selection procedures to all those who participated in an attempt to make the playing field level (Cox, 1993).

Reference list

Arrowsmith, S., 1992. A Guide to the Procurement Cases of the Court of Justice. Winteringham:Earlsgate

Arrowsmith, S., 1993., Remedies for Enforcing the Public Procurement Rules. Winteringham:Earlsgate

Arrowsmith, S., 2nd ed, 2005.The Law of Public and Utilities Procurement. London: Sweet &Maxwell

Bovis, C., 2005. Public Procurement in the European Union. Basingstoke: Palgrave MacMillan

Bovis, C., 2006. EC Public Procurement: Case Law and Regulation. Oxford: OUP

Cox, A., 1993. Public Procurement in the EEC: the Single Market Rules and the Enforcement Reigme after 1992.Winteringham: Earlsgate

Digings, L. & Bennett, J., 1992. EC Public Procurement: Law and Practice (looseleaf)London: Sweet & Maxwell.

Hjelmborg, S. & Jakobsen, P.S., 2006, Public Procurement Law – the EU directive in publiccontracts. Copenhagen: Djøf

Fernandez, M., 1996.The EC Public Procurement Rules: A Critical Analysis.Oxford: Clarendon Press

Gormley L., 1997. Gordian Knots in Public Procurement Law.Koln: Bundesanzeiger

McCrudden, C., 2007. Buying Social Justice: Equality, Government Procurement, & Legal Change.Oxford: OUP

Trepte, P., 2007. Public Procurement in the EU: a Practitioner’s Guide. Oxford: OUP

Tyrell, A. & Bedford, B.,1997.Public Procurement in Europe: Enforcement and Remedies.London: Butterworths

Trybus, M.,1999. European Defence Procurement Law: international and national procurement systems as models for a liberalised defence procurement market in Europe. London: KluwerLaw International

Weiss, F., 1993. Public Procurement in European Community Law London: Athlone Press

Acute Bronchitis Symptoms Versus Pneumonia Symptoms

Acute bronchitis is a widespread clinical feature that occurs after an invasion of a pathogen on the upper respiratory tract (Schlossberg, 2008). Virus and bacteria are the main cause of the disease. Usually, the same viruses that cause influenza are to blame for acute bronchitis. Other viruses that cause the disease are rhinoviruses and adenoviruses (Schlossberg, 2008). Equally, the microorganisms responsible for measles and whooping cough can cause the disease. Based on the above cases, the disease is referred to as acute infectious bronchitis. When the condition is caused by other pathogens such as inhaled dirt, fumes or smolders, the disease is referred to as irritative bronchitis.

Like acute bronchitis, pneumonia is a common clinical feature in the United States (Schlossberg, 2008). The disease is the sixth most widespread cause of death. A microorganism that attacks the lung tissue causing inflammation causes the disease. Bacteria and viruses are the majority common cause of the disease. These microorganisms reach the air passages from being breathed in or from adjacent body cells. Currently, over 50 pathogens have been identified as responsible for pneumonia. Once the disease attacks the lungs, it causes fluid to deposit within the alveoli. The fluid obstructs with the capability of the lung to soak up oxygen to the blood capillaries and transport them to other body parts.

It is important to note that a 55-year-old pneumonia patient will portray different symptoms compared to a younger or 65 plus year old patient (Helms, 2006). As such, the above patient will portray the below symptoms. It is highly likely that the patient will be coughing greenish to yellowish mucus. In some instances, bloody mucus will be coughed. Equally, there are higher chances that the patient will have mild to high fever, quivering chills, and difficulties in breathing (Helms, 2006). Shortness in breath will be evidenced when the patient does work that requires extra energy such as climbing stairs. Other likely symptoms common among 55-year-old patients are excess sweats, sweaty skin, headache, loss of appetite, low energy, exhaustion, spiky chest pain, which increases during coughing (Helms, 2006). The presence of quivering chills, high fever, and difficulties in breath distinguishes the disease from pneumonia. Another difference between a patient with pneumonia and acute bronchitis is that x-rays from pneumonia patients do not appear normal.

A 55-year-old patient suffering from acute bronchitis will display a number of the above symptoms displayed by a 55-year-old patient with pneumonia. Unlike pneumonia patients, acute bronchitis patient’s cough will be dry during the initial stages (Niederman & Sarosi, 2001). After a few days, the patient’s coughs will contain mucus. Similarly, a patient the above patient with acute bronchitis will have no fever or mild fever. On the contrary, pneumonia patient will have higher temperatures reaching up to one hundred and one Fahrenheit. As indicated above, X-rays will distinguish acute bronchitis patient from pneumonia patient. Acute bronchitis patient x-rays will appear normal.

Based on the above illustrations, it is apparent that a 55-year-old pneumonia patient and a 55-year-old acute bronchitis patient share a number of similar symptoms. In this regard, doctors are advised to scrutinize the difference in symptoms of the above diseases when diagnosing patients with related signs (Schlossberg, 2008). Similarly, medics should note that patients with acute bronchitis have higher chances of contracting pneumonia.

References

Helms, R. A. (2006). Textbook of therapeutics: drug and disease management. Philadelphia, Pa.: Lippincott Williams & Wilkins.

Niederman, M. S., & Sarosi, G. A. (2001). Respiratory infections. Philadelphia: Lippincott Williams & Wilkins.

Schlossberg, D. (2008). Clinical infectious disease. Cambridge: Cambridge University Press.

Healthcare Marketing Analysis: Veterans Affairs Loma Linda Healthcare System – Diabetes Clinic

Introduction

The focal point of the paper is to evaluate and analyze the marketing strategy of Veterans Affairs (VA) Loma Linda Healthcare System – Diabetic Clinic. For this purpose, the four Ps (product, price, place, promotion) and importance to the success of the organization would be discussed. Furthermore, the relationship between the organization’s marketing and its partnerships would also be evaluated. The paper would also determine the target market, including demographics, psychographics, and data from the general area in which the organization is located. The explanation would also be provided in terms of understanding the target market and its vital role in a successful marketing plan. Veterans Affairs (VA) Loma Linda Healthcare System – Diabetic Clinic is located in San Bernardino Counties and Riverside. It is targeted towards providing care to veterans. It is part of a huge chain of community services.

Four Ps

One of the marketing strategy components is the 4Ps, but some authors make it 5Ps or 7Ps, to make an effective marketing strategy. These are Product, Price, Place, Promotion, and added is People, which refers to Process, Physical evidence, or environment.

The marketing mix variables are usually considered as internal variables over which a manager has control and makes decisions (albeit influenced by customers, competition, and other external uncontrollable factors).

Product

In the marketing mix, the product is service: healthcare or skill training to employees of firms who are already members of the labor force and the new members are to be provided or serviced. Healthcare is service. And the new service is some form of specializing skills: for the “old” employees to improve their knowledge in their respective offices or work area, and for the “new” employees to enhance their basic knowledge. This is what the knowledge-based economy needs: employees with continuing education, or who are continuously acquiring the skill to be applied to their jobs. The core product is healthcare service and offers could be in the form of discounts, scholarships, study-now-pay-later plans, and so forth. Many schemes can be offered to entice prospective patients, and they are applying them now.

Promotion

Advertising and promotion are parts of the marketing mix to lure prospective students to take up further education or training from educational institutions. These are one of the primary tools in the marketing mix being employed in the situational aspect in VA.

Advertising is a paid form of non-personal communication about an organization and its products that is transmitted to a target audience through a mass medium such as television, radio, newspapers, magazines, direct mail, public transport, outdoor displays, or catalogs. (Jobber and Lancaster, 2003)

Repeatedly said here is the popularity of this form of marketing mix being done all over the US. Added to this is the popularity of the Internet where websites of the various healthcare sectors, and even firms, are ‘artistically’ enticing prospective patients to take the opportunity of enhancing and enriching their health to improve their life. The spread of the Internet or the so-called cyber world is such that it looks like a new world in itself. All over the Net are commercials, propaganda, and advertorials targeting prospective students. The use of the Internet can also enhance lifelong healthcare through virtual learning, or the virtual clinic.

The effects of advertising can be great for the VA healthcare institutions targeting prospective patients. First, mass media like television, radio, newspapers, are effective means of media for advertising. They reach a wider audience, even to the furthest corner of the US. Then, there is the Internet, a new, revolutionary means of communication which can also reach a wider audience, a global audience, but more specifically, the young demographic who have made known the Internet craze. All over the Net, businesses and organizations can post whatever they want to advertise and inform their segments, at a very low cost, sometimes free.

Price

The price customers are prepared to pay determines the level of demand for a product or service which affects the prosperity of the marketing company and the company’s competitive position in the marketplace. Price levels have far-reaching implications for the national economy. They influence wages, interest rates, and government policy (Lancaster and Reynolds, 2002). Price is not the only factor that affects demand, although in some situations companies have achieved similar levels of service, product quality, and promotional support and it has become the major element of product differentiation. However, such companies have usually made major marketing efforts to reach such a state of similarity. Price is a key element in the marketing mix and thus relates directly to the generation of total revenue.

There are different types of selling and capitalizing on this particular aspect of marketing, there are inside order-takers, delivery salespeople, and outside order-takers, among others. Implementing the marketing concept requires more than paying lip service to the ideas inherent in the concept. As stated in the marketing strategy portion of this paper, firms or educational institutions have to apply the marketing tools in their strategy to entice or lure prospective patients to enroll in their facilities. To become operational and of real value to a company requires that the discipline of marketing contributes what might be termed a technology of marketing. By this, we mean that management requires the development of a set of tools (techniques and concepts) to implement the marketing concept. (Berkowitz, 2006) VA is successful because it follows the principles strictly.

Place

The accessibility of the partner centers is a great help for the institution in the context of Place under 4Ps. The website reports, “The VA health care system has grown from 54 hospitals in 1930, to include 171 medical centers; more than 350 outpatient, community, and outreach clinics; 126 nursing home care units; and 35 domiciliaries” (USDVA, 2008). As a result, the institute can be reached from any part of the country with much ease.

Partnership

The accessibility of the patients is the greatest advantage of the institution and the partnerships involved are its greatest possessions. It could be taken into account that even if the institution is found to be in a state of the financial crisis with other aspects in a comparatively better shape, it would be a logical conclusion for the have partnerships to go for a direct help but from the perspective of the helping company, it would be their best bet to negotiate the whole matter in a holistic format as in case of the reverse situation the helper would get the help. Therefore it is more of a choice of parties with an individual perspective that is to be taken into account.

Target market

Marketing Strategy indicates the specific markets towards which activities are to be targeted and the types of competitive advantages that are to be developed and exploited.

The strategy requires clear objectives and a focus in line with an organization’s corporate goals; the “right” customers must be targeted more effectively than they are by its competitors, and associated marketing mixes must be developed into marketing programs that successfully implement the marketing strategy. In this case, the “right” customer and demographic are appropriately addressed, but to some extent, there is an over-emphasis on the matter. Indeed, it is true that everyone can be a prospective student in the lifelong learning environment, but the ‘rush’ and the overwhelming process of advertising and promotion seems not right. In any case, the marketing tool is not in question.

As part of the recipe, advertising and promotion therefore as marketing tools to lure prospective students to study or acquire lifelong learning or continuing education, is not enough. There have to be added ingredients to the recipe. A marketing opportunity arises when the right combination of circumstances occurs at the right time to allow an organization to take action towards reaching a target market. An opportunity provides a favorable chance or opening for the firm to generate sales from identifiable markets. (Jobber and Lancaster, 2003) The attractiveness of marketing opportunities is determined by market factors, such as size and growth rate, as well as competitive, financial, economic, technological, social, ecological, legal, and political factors. (Jobber and Lancaster, 2003) These factors affect the market but are stimulating too; healthcare institutions, like VA, are urging and enticing prospective patients to act and enroll in the facilities available. Moreover, the size and growth have reached such a proportion; that strong competition can be felt in the environment. The growth and ongoing competition are also affected by other factors like financial, economic, technological, social, ecological, legal, and political factors.

References

Berkowitz, E.N. (2006). Essentials of health care marketing (2nd ed). Sudbury, MA: Jones and Bartlett.

Jobber, D., and Lancaster, G., (2003). Selling and Sales Management. (Sixth Ed). London: Pearson Education Limited.

Lancaster, G., and Reynolds, P., (2002). Marketing Made Simple. London: Butterworth-Heinemann Publications.

Smith, P. R., and Taylor, J., (2004). Marketing Communications: An Integrated Approach. (4th Ed). London: Kogan Page Limited.

USDVA. (2008). History. Web.

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