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. Spurred on by domestic policies, trade agreements, and international organizations such as the World Bank, a new international system to regulate this strategic economic force is rapidly evolving--a system this is the first book to explore and elucidate.
In unprecedented depth, three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in today's global market economy. Regulating Public Procurement will 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; recognise circumstances under which discretion-based (rather than rules-based) initiatives may be more effective.
Drawing on their extensive experience and expertise, the authors clarify the important distinctions between the realities of public procurement in industrialized, developing, and transitioning economies.
Throughout the book the reader will find detailed practical examples and important texts, including significant public procurement decisions of courts and other tribunals; resolutions of various national and international councils; and pertinent excerpts from legal commentators.
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Chapter 1 Introduction I.
What is Public Procurement? II.
The Importance of Public Procurement III.
The Market Framework for Government Procurement IV.
The Contractual Background V.
The Reasons for Regulating Public Procurement and the Recent “Global Revolution” VI.
The Limits of Legal and Importance of the procurement Environment VII.
Outline of the Book Chapter 2 The Domestic Regulation of Procurement I.
The Objectives of Domestic Procurement Policy: An Introduction III.
Regulatory Strategy IV.
The UNCITRAL Model Law on Procurement of Goods, Construction and Services Chapter 3 International Development Institutions and Public Procurement I.
An Overview of the Institutions III.
Procurements Financed by the Multilateral Development Banks IV.
Remedies: Does a Firm Have Legal Redress Against a Donor or Lender? V.
Tied Aid Chapter 4 International Free Trade Agreements I.
The Development of International Agreements on Public Procurement II.
The Objectives of Free Trade Agreements and the Obstacles to Success III.
Procurement Within the World Trade Organisation (WTO) IV.
Regional and Bilateral Agreements V.
The Relationship Between International and National Procurement Rules Chapter 5 Industrial, Social and Environmental Concerns in Public Procurement I
. Introduction II.
Industrial Objectives in Public Procurement III. Social and Environmental Objectives in Public Procurement IV.
Transparency in Implementing Secondary Objectives V
Industrial, Social and Environmental Objectives Under International Trade Chapter 6 The Coverage of Public Procurement Rules I.
Which Entities are Covered? III.
Which Types of Transactions are Covered? IV.
Value Thresholds Chapter 7 Procurement Planning I.
Procurement Documentation III
. Record Keeping, Debriefing and Disclosure of Information Chapter 8 Methods of Procurement I.
Formal Tendering Procedures III.
Two Stage Tendering IV.
Requests for Proposals (RFP) V.
Competitive Negotiation VI.
Single Source Procurement VII.
Requests for Quotations or Shopping Chapter 9 Publicity for Contract Opportunities I.
General Notices Giving Advance Publicity of Procurement Opportunities III.
Notices Advertising Specific Procurements IV.
The Place and Method of Publication V.
Content of Notices VI.
Should a Contract be Readvertised When Requirements Change? VII.
Exceptions to Publicity Requirements Chapter 10 Qualification, Prequalification and Shortlisting I.
Minimum Financial and Technical Criteria III.
Qualification Criteria Other Than Financial and Technical Criteria IV.
The Use of Lists in Contractor Chapter 11 Examination, Evaluation, Selection and Award I.
Contract Award and Notification of Unsuccessful Firms V.
Rejection of All Offers Chapter 12 Enforcement and Remedies I.
Review Procedures III.
Criminal, Administrative and Disciplinary Sanctions IV.
External Enforcement Authorities V.
Inter-Governmental Dispute Settlement