Public Procurement Law And Reform In Developing Countries International Best Practices And Lessons Learned

Das Buch bietet einen breiten Überblick über best practices und lessons learned im öffentlichen Auftragsvergaberecht und deren Reform in Entwicklungsländern. Das Werk richtet sich vor allem an Studenten, Wissenschaftler und Experten, die sich über das öffentliche Auftragswesen und insbesondere Recht und Reform auf diesem Gebiet informieren möchten. Aber auch Praktiker, die für die erfolgreiche Umsetzung des Rechts verantwortlich sind und alle an Reformprozessen des öffentlichen Auftragsvergaberechts Beteiligten können von der Lektüre profitieren. Neben einer umfassenden Analyse der wichtigsten internationalen und ausgewählter nationaler Auftragsvergaberechtsinstrumenten - darunter das GPA, das UNCITRAL Modellgesetz und das Südafrikanische System - liefert die Fallstudie Namibia nützliche Einblicke in rechtliche aber auch praktische Probleme bei der Einführung und Durchsetzung des öffentlichen Auftragsvergaberechts in Entwicklungsländern.

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.

This evaluation of the World Bank's procurement systems and practices by IEG informs the Bank's ongoing self-assessment of its procurement system and provides suggestions for future directions. Given the critical role of procurement in the efficiency of client countries' public expenditures, this volume focuses on the extent to which the Bank has helped its clients develop better procurement capacity and improve their public procurement systems.

The multilateral development banks cumulatively channel billions of dollars annually in development assistance to borrower countries. This finance is usually spent through processes that incorporate the public procurement regulations of the banks and it is often a condition of this finance that the funds must be spent using the procurement regulations of the lender institution. This book examines the issues and challenges raised by procurement regulation in the multilateral development banks. The book examines the history of procurement regulation in the banks; the tripartite relationship created between the banks, borrowers and contractors in funded procurements; the procurement documents and procurement cycle; as well as how the banks ensure competition and value for money in funded procurements. The book also examines the banks' approach to sustainability concerns in public procurement such as environmental, social or industrial concerns; as well as how the banks address the issue of corruption and fraud in funded contracts. Another issue that is addressed by this book is how the banks have implemented the aid effectiveness agenda. It will be seen that the development banks have undertaken steps to harmonise their policies and practices, increased borrower procurement capacity, taken steps to reduce the tying of aid, and play an important role in the reform of borrower procurement systems, all in an effort to improve the effectiveness of development finance. The book also considers the contractual and other remedies that are available to parties that may be aggrieved as a result of a funded procurement. The book analyses, compares and contrasts the legal, practical and institutional approaches to procurement regulation in the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank and the European Bank for Reconstruction and Development.

This book examines the regulatory rules on public procurement in selected African countries and provides a comparative analysis of key regulatory issues.

The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.

As governments are major buyers of goods and services, foreign companies are keen to be able to participate in procurement opportunities on an equal footing with national firms. This has given rise to the inclusion of procurement disciplines in trade agreements and to internationally-agreed good regulatory practices in this important policy area. The contributions to this book examine how the dynamic mix of bilateral, regional, plurilateral and international norms on government procurement is reflected in purchasing practices at the national level and whether these are leading to convergence in policies and approaches. The countries studied span both advanced, high-income economies and emerging economies. Some are members of the WTO procurement agreement, others are not. Most WTO members have decided not to commit to binding international disciplines on procurement in trade agreements. This book explores whether there has been nonetheless internationalization of good procurement practices, and what current public purchasing processes suggest as regards the value added of signing on to binding rules of the game in this area. The approach taken in the volume is interdisciplinary. Contributors include economists, political scientists, legal scholars, and practitioners with a solid understanding of both the extant international disciplines and national government procurement policies. Each chapter assesses the current state of play as regards legislation and procurement practices; the degree to which industrial policy considerations feature in the relevant regulatory frameworks; the existence and use of domestic dispute resolution and review procedures that allow firms to contest the behavior of procuring entities; and the availability of data on procurement processes and outcomes.