by: Sue Arrowsmith, John Linarelli, Don Wallace Jr.
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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;
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.
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. Introduction II. 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.
Introduction II. 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.
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
Chapter 6 The Coverage of Public
Procurement Rules I. Introduction II. Which Entities are Covered?
III. Which Types of Transactions are Covered? IV. Value Thresholds
Chapter 7 Procurement Planning I. Introduction II. Procurement
Documentation III. Record Keeping, Debriefing and Disclosure of
Chapter 8 Methods of Procurement I.
Introduction II. 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. Introduction II. 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. Introduction II. 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. Introduction
II. Responsiveness III. Evaluation IV. Contract Award and
Notification of Unsuccessful Firms V. Rejection of All Offers
Chapter 12 Enforcement and Remedies I.
Introduction II. Review Procedures III. Criminal, Administrative
and Disciplinary Sanctions IV. External Enforcement Authorities V.
Inter-Governmental Dispute Settlement