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Public procurement is big business. International organisations and
governments at national, regional, state and city levels are major
buyers of goods and services. However, public procurement is a
relatively under-researched and new discipline, which, uniquely,
brings together contributions from the fields of economics and law.
This two-volume set presents some of the major contributions in the
field. It includes papers on outsourcing versus internal provision;
public procurement and the role of competition and transparency;
corruption; public procurement as a tool of industrial, social and
environmental policy; public procurement as a trade barrier and its
regulation under international trade agreements; and enforcing
public procurement rules.
Revised to cover the impact of the 'best value' regime, this text
provides a detailed examination of the law of public and utilities
procurement. It is illustrated by the use of practical examples,
including an in-depth focus on 'grey' areas.
Competitive dialogue is a procedure introduced into the EU
procurement system in 2004 to provide an improved method for
awarding complex contracts, such as those for public infrastructure
and major IT systems. This book provides a critical examination of
the legal rules on this new procedure, focusing in particular on
grey areas such as availability of the procedure and the scope for
negotiations after 'final tenders'. It considers both the EU-level
rules and the way in which those rules have been applied in
national systems. The examination draws on extensive evidence of
the way in which the procedure has been operated and interpreted
across Europe, including from several studies commissioned
specifically for this volume. It also includes an extensive chapter
co-authored by the volume editors which provides a thorough
analysis of the EU-level rules, a comparative reflection on
national experiences and significant critical commentary and
recommendations.
Originally an important but relatively obscure plurilateral
instrument, the WTO Agreement on Government Procurement (GPA) is
now becoming a pillar of the WTO system as a result of important
developments since the Uruguay Round. This collection examines the
issues and challenges that this raises for the GPA, as well as
future prospects for addressing government procurement at a
multilateral level. Coverage includes issues relating to pending
accessions to the GPA, particularly those of developing countries
with a large state sector such as China; the revised (provisionally
agreed) GPA text of 2006, including provisions on electronic
procurement and Special and Differential Treatment for Developing
Countries; and procurement provisions in regional trade agreements
and their significance for the multilateral system. Attention is
also given to emerging issues, especially those concerning
environmental, social and SME policy; competition law; and the
implications of the recent economic crisis.
In the World Trade Organization regime, government procurement is
largely excluded from the multilateral agreements. The
"plurilateral" WTO Agreement on Government Procurement, with its
challenging accession procedures and limited number of signatories,
cannot be said to succeed in its efforts to liberalize this area of
trade activity - more than 10 per cent of gross domestic product in
most countries. This study investigates the special sensitivities
of government procurement that have left major trade barriers
intact despite the WTO mandate that has proven so effective in
other areas. Professor Arrowsmith examines the following crucial
factors in depth: why and how procurement practices create barriers
to trade; the institutional structure for dealing with government
procurement in the GATT/WTO system; the impact of relevant WTO law
on national legal systems; the types of contracts and entities
covered in the Agreement on Government Procurement; how the
National Treatment principle and the Most Favored Nation obligation
affect government procurement; rules of WTO contract award
procedure and the controversy over their interpretation and
revision; the free trade versus social and environmental issues
question in the context of government procurement; and the
monitoring and enforcement of WTO procurement rules. Throughout the
presentation the author focuses on specific issues to illuminate
the overall pattern of her legal analysis. For example, practical
questions stemming from such activities as multi-phase tendering
and electronic procurement are raised for special scrutiny. The
legal literature of the WTO and its jurisprudence are frequently
brought into Professor Arrowsmith's arguments.
From modest beginnings in the early 1990's, a reform movement in
the regulation of public procurement has mushroomed into a global
imperative. Two fundamental values of international free trade
policy--value for money and the deterrence of corruption--have
brought intense scrutiny to bear on public procurement practices in
nearly every country. Now international standards (notably those of
the WTO and the EU) must be met if a trading nation is to take its
place in the global markets. This collection of essays offers
fifteen distinct views on the current status and trends in public
procurement and its various aspects. From general discussion of
setup, overcoming obstacles, ensuring transparency, and compliance
with international rules to specific issues raised in economies as
diverse as Kosovo, China, and the United States, "Public
Procurement: The Continuing Revolution provides a great wealth of
insight and information. Although the emphasis throughout is on
legal issues, the contributors include not only lawyers but also
economists and specialists in purchasing practice. In addition,
this is the first book to note the relatively recent trend, in
developed countries, toward a less prescriptive, more flexible
approach to regulation in which a degree of transparency is
sacrificed. The question of how this trend will affect
international procurement regimes is perhaps the most viral and
interesting aspect of current theory and practice in the field.
"Public Procurement: The Continuing Revolution is of inestimable
value not only to public procurement specialists, whatever their
profession, but to a much wider audience who will recognise the
decisive influence of this important economicactivity on the entire
area embracing trade and even international relations. Most of
these essays were originally presented as papers at an
international conference hosted by the Public Procurement Research
Group at the University of Nottingham in September 2001.
Because of its enormous economic power and susceptibility to
corruption, public procurement - the purchase by government of
goods and services - has come under increasing regulation as world
trade expands. Three international leaders in public procurement
law fully explain how the procurement award process must be managed
to achieve its goals in global market economy. This work should
educate government officials, trade lawyers, and students in how to
comply with existing and emerging regulatory schemes as they:
select a contractor and plan the contract, with detailed attention
to terms, conditions and specifications; allow for national
security, national industrial development, and environmental
protection; get value for money and avoid waste of public funds;
publicize contracts; combat corruption; secure successful
completion of contracts; balance pressures to buy from domestic
sources with the economic benefits of international competition;
harness procurement power to promote social and environmental
goals; enforce compliance with public procurement rules; and
recognize circumstances under which discretion-based (rather than
rules-based) initiatives may be more effective.
The title of this book reflects the enormous changes that have
occurred in the legal regulation of public purchasing in the
1990's. These changes have two main drivers. The first is the
implementation of national reform programmes in public procurement,
especially in developing countries and those countries making the
transition from planned to market economies, which have been
encouraged by international institutions such as the World Bank and
UNCITRAL. The second is the efforts that have been made to open up
government procurement markets to international trade, both through
regional agreements and globally through the World Trade
Organization. These agreements have required many states to modify
their national procurement rules or to introduce regulation in
procurement for the first time. This book brings together experts
from academia, practice and the international institutions to
describe the major global developments that have occurred in public
procurement regulation, and to examine some of the key current
policy issues. The book covers both the domestic and international
perspectives on regulation, and also examines the relationship
between them. Topics covered include the UNCITRAL Model Law and its
influence on procurement reform; problems of reform in developing
and transition economies; World Bank procurement procedures; the
implications of information technology for procurement regulation;
the challenge of widening participation in global and regional
agreements and of making these agreements work; regulating defence
procurement; and the use of procurement to promote social and
environmental policies.
This timely book provides the first systematic analysis of global
public procurement regulation and policy during and beyond the
COVID-19 pandemic. Through both thematic chapters and national case
studies, this book: - explores the adequacy of traditional legal
frameworks for emergency procurement; - examines how governments
and international organisations have responded specifically to the
pandemic; and - considers how the experience of the pandemic and
the political impetus for reform might be leveraged to improve
public procurement more broadly. Public procurement has been
critical in delivering vital frontline public services both in the
health sector and elsewhere, with procurement of ventilators,
protective equipment and new hospitals all hitting the headlines.
At the same time, procurers have faced the challenge of adjusting
existing contracts to a new reality where, for example, some
contracted services can no longer operate. Further, efficient and
effective procurement will be an essential, and not a luxury, in
the economic recovery. With case studies on Italy, the UK, the USA,
India, Singapore, Africa, Latin America and China, the book brings
together the world's leading academics and practitioners from
across Europe, the Americas, Asia and Africa to examine these
issues, providing an essential resource for policy makers,
legislators, international organisations and academics.
This timely book provides the first systematic analysis of global
public procurement regulation and policy during and beyond the
COVID-19 pandemic. Through both thematic chapters and national case
studies, this book: - explores the adequacy of traditional legal
frameworks for emergency procurement; - examines how governments
and international organisations have responded specifically to the
pandemic; and - considers how the experience of the pandemic and
the political impetus for reform might be leveraged to improve
public procurement more broadly. Public procurement has been
critical in delivering vital frontline public services both in the
health sector and elsewhere, with procurement of ventilators,
protective equipment and new hospitals all hitting the headlines.
At the same time, procurers have faced the challenge of adjusting
existing contracts to a new reality where, for example, some
contracted services can no longer operate. Further, efficient and
effective procurement will be an essential, and not a luxury, in
the economic recovery. With case studies on Italy, the UK, the USA,
India, Singapore, Africa, Latin America and China, the book brings
together the world's leading academics and practitioners from
across Europe, the Americas, Asia and Africa to examine these
issues, providing an essential resource for policy makers,
legislators, international organisations and academics.
Public procurement regulation in Africa is not widely researched.
To address the shortage of scholarship in this area and to promote
future research, this book analyses the law governing public
procurement in a number of African systems and looks at key themes
relevant to all African states. Part I discusses the regulatory
regimes of nine African systems using a common framework, providing
both a focused view of these African systems and an accessible
comparative perspective. In Part II, key regulatory issues in
public procurement that are particularly relevant in the African
context are assessed through a comparative approach. The chapters
consider the influence of international regulatory regimes
(particularly the UNCITRAL Model Law on procurement) on African
systems and provide insights into the way public procurement
regulation is approached in Africa.
Public procurement regulation in Africa is not widely researched.
To address the shortage of scholarship in this area and to promote
future research, this book analyses the law governing public
procurement in a number of African systems and looks at key themes
relevant to all African states. Part I discusses the regulatory
regimes of nine African systems using a common framework, providing
both a focused view of these African systems and an accessible
comparative perspective. In Part II, key regulatory issues in
public procurement that are particularly relevant in the African
context are assessed through a comparative approach. The chapters
consider the influence of international regulatory regimes
(particularly the UNCITRAL Model Law on procurement) on African
systems and provide insights into the way public procurement
regulation is approached in Africa.
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