public procurement and multilateral development banks law practice and problems

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Public Procurement And Multilateral Development Banks

Author : Sope Williams-Elegbe
ISBN : 9781509912933
Genre : Law
File Size : 42. 45 MB
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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. 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.

Smart Public Procurement And Labour Standards

Author : Albert Sánchez Graells
ISBN : 9781509912827
Genre : Law
File Size : 81. 86 MB
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Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.

Fighting Corruption In Public Procurement

Author : Sope Williams-Elegbe
ISBN : 9781782250142
Genre : Law
File Size : 30. 77 MB
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Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.

Law In The Pursuit Of Development

Author : Amanda Perry Kessaris
ISBN : 9781135179427
Genre : Law
File Size : 63. 16 MB
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Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development. This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.

Addressing The Challenges Of International Bribery And Fair Competition 2001 The Third Annual Report Under Section 6 Of The International Anti Bribery And Fair Competition Act Of 1998

Author :
ISBN : 9781428952072
Genre :
File Size : 52. 60 MB
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Public Procurement Of Energy Efficiency Services

Author : Jas Singh
ISBN : 0821381024
Genre : Business & Economics
File Size : 33. 22 MB
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The current universal concerns about global energy security, competitiveness, and environmental protection make energy efficiency more important than ever. However, realizing large-scale savings has proven a significant challenge due to many barriers. 'Public Procurement of Energy Efficiency Services' looks at a largely untapped energy efficiency market the public sector. While the efficiency potential in this sector is substantial, the implementation of energy savings programs has been complicated by a number of factors, such as insufficient incentives to lower energy costs, rigid budgeting and procurement procedures, and limited access to financing. The book looks at energy savings performance contracts (ESPCs) as a means of overcoming some of these barriers. Because public facilities can outsource the full project cycle to a commercial service provider, ESPCs can enable public agencies to solicit technical solutions, mobilize commercial financing, and assign performance risk to third parties, allowing the agency to pay from a project s actual energy savings. The recommendations in this book stem from case studies that identified approaches, models, and specific solutions to ESPC procurement, including budgeting, energy audits, and bid evaluation. Such an approach also offers enormous potential to bundle, finance, and implement energy efficiency projects on a larger scale in the public sector, which can yield further economies of scale. ESPCs can also serve as an attractive element for fiscal stimulus packages and efforts by governments to 'green' their infrastructure, which can create local jobs, reduce future operating costs, and mitigate their carbon footprint. Lower energy bills, in turn, help to create fiscal space in future years to meet other critical investment priorities. Bundled public sector energy efficiency projects can help stimulate local markets for energy efficiency goods and services and 'lead by example', demonstrating good practices and providing models to the private sector.

Public Procurement Regulation In Africa

Author : Sue Arrowsmith
ISBN : 9781107028326
Genre : Law
File Size : 30. 82 MB
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Examines the regulatory rules on public procurement in selected African countries and provides a comparative analysis of key regulatory issues.

Fighting Corruption And Promoting Integrity In Public Procurement

Author : OECD
ISBN : 9789264014008
Genre :
File Size : 70. 24 MB
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This volume comprises papers presented at the OECD Global Forum on Governance: Fighting Corruption and Promoting Integrity in Public Procurement held in Paris in November 2004.

Benchmarking Public Procurement 2016

Author : World Bank Group
ISBN : 9781464807275
Genre : Business & Economics
File Size : 66. 33 MB
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Public procurement accounts for around one-fifth of global gross domestic product (GDP). Given its size the public procurement market can improve public sector performance, promote national competitiveness, drive domestic economic growth, and boost economic development. Launched at the request of the G20 Anti-Corruption Working Group, Benchmarking Public Procurement presents actionable indicators to help countries identify and monitor policies and regulations that impact how private sector companies do business with the government in 77 economies. The Benchmarking Public Procurement 2016 report is organized under two parts: the public procurement life cycle and the complaint and reporting mechanisms indicators. Data was gathered using standardized questionnaires distributed to expert contributors in each economy. The project builds on the Doing Business methodology and aims to promote evidence-based decision making by governments and shed light over areas where few empirical data have been presented so far.

Understanding The Fidic Red Book

Author : Jeremy Glover
ISBN : 9780414044609
Genre : Engineering contracts
File Size : 42. 96 MB
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This work examines the International Federation of Consulting Engineers' contracts and breaks them down, making them both easier to understand and to refer to.

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