We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
With the passage of the Climate Change Act, and to help meet its net zero obligations by 2060, Nigeria must transition from its dependence on fossil fuel energy sources to renewable energy. This will involve the procurement of large amounts of renewable energy by the government. In the past, procurement of power from the government-owned bulk trader has been chaotic, with no discernible strategy, and it is doubtful whether the government or Nigeria's citizens have derived value for money from the process. This article suggests a transition from the current, mostly unsolicited, proposal system to energy auctions, as the authors believe that this will help the country achieve low prices for renewable energy. The article also examines polices that have been implemented in other countries to drive energy auctions, with a view to applying relatable practices to the Nigerian exercise.
This chapter analyses crimes involving procuring sex, including procuring sex by deception. It argues that to appreciate the nature of these offences, and their place within this book, it is necessary both to understand how the verb ‘to procure’ was interpreted, including when and why it required deception, and to pay attention to the acts whose procurement was proscribed by law. The chapter provides elucidation on both fronts, showing how the procuring offences were geared towards prohibiting ‘illicit’ (i.e., immoral) sexual activities and therefore criminalised the use of deception to lure others into committing such acts. In demonstrating this point, the chapter argues that a culturally sensitive vision of what makes intimacy valuable shaped and constrained the use of the procuring offences. Finally, the chapter argues that the demise of the procuring offences set the stage for the expansion of the crime of rape by deception and that examining how the procuring offences worked yields important lessons for those attempting to engage critically with this development.
The Rapid Acceleration of Diagnostics (RADx®) program’s success would be significantly diminished without the support of the Deployment Core. For a company to successfully bring to market an in vitro diagnostic (IVD) test, it requires expertise in a variety of areas. This is especially pertinent in a pandemic landscape, as timelines are greatly reduced and market demand is constantly changing. Within the RADx initiative, the Deployment Core was established to identify and provide these necessary resources. The Deployment Core was formed in May 2020 after the IVD companies’ needs became apparent, including the need for consultant expertise and various resources to support development and scale up. This chapter explores the challenges faced by many RADx companies and the lessons learned through the Deployment Core in addressing those needs.
To better understand the process of hospital acquisition of innovative medical devices (MDs) and the hospital-based health technology assessment (HB-HTA) pathways in France, an in-depth study based on a quantitative approach is needed. The aim of the present study was to assess through a national survey how HB-HTA is currently implemented in French hospitals and to identify its level of formalization.
Methods
A quantitative online survey was conducted among hospitals performing HB-HTA in France, with a focus on the acquisition of innovative MDs for individual use. The survey, conducted between March and June 2022, was developed by a scientific board composed of members of the French-speaking Society for HB-HTA.
Results
Sixty-seven out of 131 surveyed hospitals with HB-HTA activities responded, including 29 university hospitals, 24 nonprofit private hospitals, and 14 local hospitals. Sixty-one respondents (91 percent) reported the existence of a process dedicated to evaluating innovative MDs; of these, 16 declared that their hospitals had a formalized unit with HB-HTA activity. These units were more frequently found in larger hospitals with more than 500 inpatient beds (n = 16, p = 0.0160) and in university hospitals (n = 12, p = 0.0158). No hospital reported any collaboration with HAS, the French national HTA agency.
Conclusion
A diverse range of HB-HTA organizations with different structural levels exist in France for MD procurement linked to the category of hospitals. The study highlights the need for recognition of HB-HTA activity at the regulatory level in France and for direct collaboration between HTA activities performed at local and national levels.
Defence procurement is a notoriously difficult and often controversial field of public management. In Australia, problems with schedule and budget overruns have been addressed through business process reforms aimed at tightening control and improving professionalism. However, studies of complex contracting in other contexts show the importance of relational factors of trust, collaboration and risk-sharing. These factors are not encouraged by the predominantly transactionally based contractual environment of Defence. Based on a detailed examination of three case studies, we suggest that there is a disjunct between the types of controls that are applied by Defence and the requirements of delivering complex, long-term projects involving multiple stakeholders. The need for both improved flexibility as well as heightened accountability is evident. We argue that balancing these values involves processes that encourage, rather than discourage, communication, risk-sharing and trust.
The acquisition and procurement of major weapons systems is fraught with difficulties. They tend to be delivered late, over budget and unable to meet requirements. This Element provides an economic analysis of why this happens. Market structure, demand by the military and supply by the arms firms, shapes the conduct of the agents and generates the poor performance observed. The military are trying to counter an evolving threat, subject to a budget constraint, high R&D costs and new technologies. The interaction between a government made up of warring tribes and arms firms with considerable market and political power is further complicated by a set of what economists call 'principal-agent' problems, which are examined. While the poor performance has prompted many countries to propose reforms, the difficulty of the task and the institutional incentives faced by the actors mean that the reforms rarely solve the problem.
This chapter introduces the subject matter of the book, provides the core problem statement and defines the central terms used in the book. The introduction also explains the focus on governmental adoption of cloud computing services, legal sources, and the research approach.
The introduction explains how cloud computing has made it possible and desirable for users, such as businesses and governments, to migrate their data to be hosted on infrastructure managed by third parties. The chapter further outlines why aspects of migration to cloud services pose specific legal, contractual, and technical challenges for governments.
The chapter further outlines the challenge of addressing contracting and procurement requirements, data privacy and jurisdictional obligations when using an opaque, global, multi-tenant technology such as cloud computing.
This chapter evaluates the unique obligations governments have when they commit citizen data to cloud service providers. In particular, the chapter focuses on how the responsibilities of governments are different than other types of cloud computing users focusing on specific procurement obligations, and other legal requirements.
The chapter also evaluates issues related to “data sovereignty”, outsourcing of government functions, and the potential risk to citizens from outsourcing critical infrastructure. Further, barriers that governments face when procuring cloud computing services including data localization restrictions, difficulties in comparing costs to traditional IT services, and ill-suited contract templates designed for traditional IT-outsourcing being applied to cloud computing services.
The chapter also explains that since operations or services are outsourced to cloud, governments must have the means to monitor them in order to retain a certain level of control over the operations they are outsourcing. The chapter examines government procurement programs in the United States, United Kingdom, and European initiatives to adopt cloud computing at the government level.
In Government Cloud Procurement, Kevin McGillivray explores the question of whether governments can adopt cloud computing services and still meet their legal requirements and other obligations to citizens. The book focuses on the interplay between the technical properties of cloud computing services and the complex legal requirements applicable to cloud adoption and use. The legal issues evaluated include data privacy law (GDPR and the US regime), jurisdictional issues, contracts, and transnational private law approaches to addressing legal requirements. McGillivray also addresses the unique position of governments when they outsource core aspects of their information and communications technology to cloud service providers. His analysis is supported by extensive research examining actual cloud contracts obtained through Freedom of Information Act requests. With the demand for cloud computing on the rise, this study fills a gap in legal literature and offers guidance to organizations considering cloud computing.
China's overseas financing is a distinct form of patient capital that marshals the country's vast domestic resources to create commercial opportunities internationally. Its long-term risk tolerance and lack of policy conditionality has allowed developing economies to sidestep the fiscal austerity tendencies of Western markets and multilaterals. Employing statistical tests and extensive field research across China and Latin America, Stephen Kaplan finds that China's patient capital endows national governments with more room to maneuver in formulating domestic policies. The author goes on to evaluate the potential costs of Chinese financing, raising the question of how Chinese lenders will react to developing nation's ongoing struggles with debt and dependency. By disaggregating the structure of international finance, Globalizing Patient Capital has significant implications for the rise of China in Latin America, offering new insights about globalization and showing the costs and benefits of state versus market approaches to development.
Chapter 4 employs an originally constructed data set, the China Global Finance Index, to conduct cross-national tests spanning eighteen Latin American countries from 1990 to 2017. The index characterizes Chinese policy loans by their ?nancing channel (state-to-state vs. market-based) for each national-level investment project.The chapter ?nds that China’s state-to-state loans, as a share of a country’s external public debt, are positively correlated with budget de?cits, supporting the primary hypothesis that China’s patient capital expands governments’ ?scal policy space. In exchange for this lack of policy conditionality, however, policymakers tend to have more extensive commercial conditionality. Notably, when Chinese ?nancing is instead directly booked with corporate enterprises through private procurement in the marketplace, these commercial conditions are less extensive. China’s patient capital behaves more like long-term equity capital given the underlying private sector competition promoted by domestic procurement laws. National governments do not gain additional ?scal space and are more likely to comply with policy conditionality.
For decades, the U.S. Air Force has contemplated replacing the A-10 Thunderbolt II “Warthog” with a newer fighter aircraft. However, a quantitative analysis comparing the Warthog’s performance and costs with those of its intended replacement, the F-35 Lightning II Joint Strike Fighter, shows that retiring the Warthog would be operationally unsound and fiscally imprudent. The rationale for the replacement is that it would increase airpower capability while controlling costs. That rationale does not withstand scrutiny. An effectiveness analysis based on results from a survey of joint terminal attack controllers indicates that the A-10 vastly outperforms the F-35 in providing close-air support (CAS), a critical requirement for future conflicts against terrorists and insurgents. A cost analysis demonstrates that replacing the A-10 before its service life ends in 2035 would cost at least $20.9 billion. The replacement plan would waste substantial resources and seriously impair U.S. military capabilities. Given that constrained future budgets and low-intensity conflicts requiring precision CAS can be expected, the U.S. air fleet should include the A-10 Thunderbolt II.
The private security industry in Latin America has been associated with human rights abuses, particularly in the context of extractive operations. Most private security guards in the region are poorly trained and do not undergo adequate vetting. These factors combined with serious deficiencies in the rule of law across the region too often enable private security companies to effectively operate outside state control and engage in human rights abusive practices. This article argues that adoption of the International Code of Conduct for Private Security Providers (ICoC) by Latin American private security companies and states, coupled with civil society engagement with ICoC’s Association, may help reduce negative human rights impacts arising out of private security services within the extractive industry.
This paper examines revolutionary changes in the federal procurement regime that have taken place over roughly the past thirty-five years. The procurement process has long been formalized, but contractors were dispersed across the country and tended to furnish tangible goods in singular and discrete transactions. As a result of technology, global competition and security threats, ideological shifts, and fiscal changes, procurement spending exploded after 9/11 and today the regime forms “information communities” in which private companies exert both political and economic influence and supply staffing and information to the federal government within a continuous and seamless relationship where lines demarcating responsibilities and personnel are blurred.
The volume of food purchased by the American military makes it perhaps the single largest intermediated market for food in the USA. Consequently, it is not surprising that those seeking to enhance the economic viability of small and mid-scale farms may view military bases as a promising market for locally produced foods. This is a challenging prospect, however, due to the centralized structure of military command, the nature of the military procurement system and federal mandates to obtain products that maximize value at the lowest available cost. This paper describes the US military food procurement system and the work of a 3-yr initiative to increase the amount of locally produced, source-identified products used at a North Carolina military installation. Our experiences serve as a cautionary tale, with this paper designed as both a primer on ‘how it works’ for food procurement at the federal and base level, and a description of our largely unsuccessful attempts to increase the volume of local food products from small-/mid-scale producers moving through the supply chain into base dining halls and restaurants. Based on our experiences, we also make recommendations on possible entry points for local food and farm advocates to work within the existing system to localize food procurement.
Due to EU legislation, public procurement through competitive tendering has been applied in most European countries. One purpose of such procurement is to lower the costs of the procured service and another is for the political level to gain better control over what it is purchasing. However, monitoring problems exist when conducting public procurements; recent studies indicate that actions related to public servant corruption are most common in public procurement processes. Citing cases from Sweden, this article argue that, in the case of public procurement, private firms have assumed a monitoring role towards the public sector similar to that of whistleblowers, and that the public system in fact depends on private firms to detect procurement bypasses committed by civil servants. This article provides an understanding of this monitoring role and discusses its theoretical and practical implications for the public system. I conclude that upholding the public system is not the primary objective of the private whistleblower but a positive side effect. The monitoring role is analyzed in the framework of principal–agent theory and should be seen as complementary to the existing monitoring functions available to public principals.
This article evaluates the effects of alternative fluid milk procurement strategies on the aggregate net revenue of Florida cooperative members. They are (1) supplemental milk obtained from import sources, (2) supplemental milk obtained from a supply plant, (3) increased supply as a result of an expanded production area, and (4) supplemental milk obtained through pooling arrangements with regional dairy cooperatives. The final ranking of a scenario appears to be dependent primarily on the total cost of exports within the model. The optimum procurement strategy for Florida cooperatives should concentrate on reducing the quantity of surplus milk.
The present study investigates whether public organic food procurement policies have the potential to induce changes in the school food service environment.
Design
A comparative cross-national survey was conducted in public primary and/or secondary schools in Finland, Germany and Italy. The school food coordinators completed a web-based questionnaire on their attitudes, intentions and actions towards organic school food provision.
Setting
In Germany, 122 out of 2050 schools in the state of Hesse responded. In Finland, 250 out of 998 schools across the country responded. In Italy, 215 out of 940 schools from eight provinces responded.
Subjects
School food coordinators in the sample of schools in the three countries.
Results
The German and Finnish school food coordinators separately most agreed with the promotion of healthy eating habits (P < 0·001) and organic food (P < 0·001) by schools. The Finnish schools were most likely to adopt a food and nutrition policy (P < 0·001), a health-promoting school policy according to WHO principles (P < 0·001), to have a playground (P < 0·001), to involve physical activity themes in teaching (P = 0·012) and to have a canteen (P < 0·001). The Italian schools were most likely to involve the food and nutrition policy in pedagogical activities (P = 0·004), to serve nutritional school meals (P < 0·001) and to recommend children to eat healthily (P < 0·001). In the three countries, the non-organic schools were less likely to adopt a food and nutrition policy (P < 0·001), a WHO health-promoting policy (P < 0·001) and have a canteen (P = 0·017) than the organic schools.
Conclusions
The study suggests that there is a gap in the effects of public organic food procurement policy on building a healthier school food environment.
In 2005, Canada implemented its first-ever domestic human trafficking legislation under sections 279.01 through 279.04 of the Criminal Code of Canada. The first conviction under this legislation came about three years after its implementation, with a total of only five convictions having been obtained as of January of 2011. This article examines the legislation and the legislative definition of human trafficking in Canada, arguing that the vagueness of this legislation, the breadth of the legislative definition, and its similarity to other provisions within the Criminal Code make it difficult to distinguish human trafficking from other criminal offences, particularly procurement, or in lay language—pimping, which is governed under section 212 of the Code. Analyzing cases identified as human trafficking by Canadian police and legal authorities, this article demonstrates the problematic effects of Canada’s human trafficking legislation. The article points out the challenges arising from identifying non-trafficking cases as human trafficking, including undermining the severity of human trafficking and impeding efforts to combat it.