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Fighting Corruption in Public Procurement - A Comparative Analysis of Disqualification or Debarment Measures (Hardcover, New)
Loot Price: R5,734
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Fighting Corruption in Public Procurement - A Comparative Analysis of Disqualification or Debarment Measures (Hardcover, New)
Series: Studies in International Law
Expected to ship within 12 - 17 working days
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Anti-corruption measures have firmly taken centre stage in the
development agenda of international organisations as well as in
developed and developing countries. One area in which corruption
manifests itself is in public procurement and, as a result, States
have adopted various measures to prevent and curb corruption in
public procurement. One such mechanism for dealing with procurement
corruption is to debar or disqualify corrupt suppliers from bidding
for or otherwise obtaining government contracts. This book examines
the issues and challenges raised by the debarment or
disqualification of corrupt suppliers from public contracts.
Implementing a disqualification mechanism in public procurement
raises serious practical and conceptual difficulties, which are not
always considered by legislative provisions on disqualification.
Some of the problems that may arise from the use of
disqualifications include determining whether a conviction for
corruption ought to be a pre-requisite to disqualification, bearing
in mind that corruption thrives in secret, resulting in a dearth of
convictions. Another issue is determining how to balance the
tension between granting adequate procedural safeguards to a
supplier in disqualification proceedings and not delaying the
procurement process. A further issue is determining the scope of
the disqualification in the sense of determining whether it applies
to firms, natural persons, subcontractors, subsidiaries or other
persons related to the corrupt firm and whether disqualification
will lead to the termination of existing contracts. The book
compares and contrasts the legal, practical and institutional
approaches to the implementation of the disqualification mechanism
in the European Union, the United Kingdom, the United States, the
Republic of South Africa and the World Bank.
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