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In developing public procurement policy, governments are often concerned not only with value for money but also with promoting their social and environmental objectives. However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement. EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the desire of national governments to use procurement as a policy tool? And should the EC even harness Member States' procurement power to EC-wide objectives, such as green energy policy? Despite the new provisions included in the EC's new (2004) procurement directives, important issues remain unresolved. This volume focusses on new issues in the field, notably the innovative provisions in the new directives, new academic thinking and areas neglected in the debate, such as the impact of EC law on the CSR policies of private utilities.

Governments are increasingly trying to achieve a variety of public interests through competitive tendering of public contracts, authorisations, subsidies as well as public assets. Over the past decades, domestic and EU law has developed for these 'limited rights' at different speed and is extremely fragmented: there is no coherent legal framework. This book provides information on the legal aspects of competitive allocation of all types of limited rights on the basis of an overarching perspective. It explains the impact of the legal framework on the ability of governments to achieve the public interests they pursue through competitive tendering. The book is relevant for domestic and EU public authorities, legislators, courts of law, as well as academics. It discusses and connects in a consistent manner, legal questions arising in the framework of competitive allocation of public contracts, authorisations, subsidies and public assets.

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.

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.

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.

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 title is include included in Bloomsbury Professional's Local Government Law online service.

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 title is include included in Bloomsbury Professional''s Local Government Law online service.

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 title is include included in Bloomsbury Professional''s Local Government Law online service.

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 title is include included in Bloomsbury Professional's Local Government Law online service.

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.

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 vital and interesting aspect of current theory and practice in the field.

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.

The title of this book, Public Procurement: Global Revolution, reflects the enormous changes in the legal regulation of public purchasing over the last decade. These changes have two main drivers. The first is the implementation of national procurement reform programmes, especially in developing countries and transition economies, which have been encouraged by international institutions such as the World Bank and UNICITRAL. The second is the efforts to open up procurement to international trade, which have required many states to modify their procurement rules or to regulate procurement for the first time.

This book brings together the leading experts from academia, practice and the international institutions, to describe the major global developments in public procurement regulation, and to examine key policy issues. The book covers both the domestic and international perspectives, and also examines the relationship between them. Topics covered include:

• the UNICITRAL 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 making these agreements work;• regulating defence procurement; and• the use of procurement to promote social and environmental policies.

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.