The Applied Law and Economics of Public Procurement

The Applied Law and Economics of Public Procurement PDF Author: Gustavo Piga
Publisher: Routledge
ISBN: 1136217770
Category : Business & Economics
Languages : en
Pages : 321

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Book Description
This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

The Applied Law and Economics of Public Procurement

The Applied Law and Economics of Public Procurement PDF Author: Gustavo Piga
Publisher: Routledge
ISBN: 1136217770
Category : Business & Economics
Languages : en
Pages : 321

Get Book

Book Description
This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

Law and Economics of Public Procurement Reforms

Law and Economics of Public Procurement Reforms PDF Author: Gustavo Piga
Publisher: Routledge
ISBN: 1351584804
Category : Business & Economics
Languages : en
Pages : 258

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Book Description
Appropriate laws and regulations are essential tools to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. Law and Economics of Public Procurement Reforms collects the original contributions related to the new European Union Directives approved in 2014 by the EU Parliament. They are of both economists and lawyers, and have been presented in a manner that allows for exchanges of views and "real time" interaction. This book features, for each section, an introductory exchange between two experts of different disciplines, made up of a series of sequential interactions between an economist and a lawyer, which enriches the liveliness of the debate and improve the mutual understanding between the two professions. Four sections characterize this book: Supporting social considerations via public procurement; Green public procurement; Innovation through innovative partnerships; and Lots - The Economic and Legal Challenges of Centralized Procurement. These themes have current relevance of the new European Public Procurement Directives. Written by an impressive array of experts in their respected fields, this volume is of great importance to practitioners who work in the field of EU public procurement in the Member States of the EU, as well as academics and students who study public finance, public policy and regulation.

The Law and Economics of Framework Agreements

The Law and Economics of Framework Agreements PDF Author: Gian Luigi Albano
Publisher: Cambridge University Press
ISBN: 1316571629
Category : Law
Languages : en
Pages : 357

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Book Description
Framework agreements have arisen in response to the well documented and high costs of public procurement procedures. The agreements have significant potential to improve procedural efficiency in public procurement, but are complex to operate. Inadequate preparation and implementation can also frustrate their potential both to tackle waste, abuse and corruption and to enhance value for money. In this enlightening book, Gian Luigi Albano and Caroline Nicholas look at the key decisions required for designing and using framework agreements, and address both legal and economic issues to give the reader a clear understanding of the planning, variables and flexibility needed for efficient implementation. This book will be of interest to policy makers, lawyers and public procurement practitioners who want to deepen their understanding of the legal and economic issues surrounding framework agreements.

Cartels, Competition and Public Procurement

Cartels, Competition and Public Procurement PDF Author: Stefan Weishaar
Publisher: Edward Elgar Publishing
ISBN: 0857936751
Category : Law
Languages : en
Pages : 343

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Book Description
ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.

Public Procurement and Labour Rights

Public Procurement and Labour Rights PDF Author: Maria Anna Corvaglia
Publisher: Bloomsbury Publishing
ISBN: 178225904X
Category : Law
Languages : en
Pages : 255

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Book Description
This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.

Regulation Public Procurement - National and International Perspectives

Regulation Public Procurement - National and International Perspectives PDF Author: Sue Arrowsmith
Publisher: Kluwer Law International B.V.
ISBN: 9041106367
Category : Business & Economics
Languages : en
Pages : 890

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Book Description
Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.

Public Procurement:Global Revolution

Public Procurement:Global Revolution PDF Author: Sue Arrowsmith
Publisher: Springer
ISBN: 9789041196620
Category : Law
Languages : en
Pages : 0

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Book Description
Regulation, . the challenge of widening participation in global & regional agreements & of making these agreements work, . regulating defence procurement, & . the use of procurement to promote social & environmental policies. Public Procurement: Global Revolution brings together the leading experts from academia, practice, & international institutions to describe the major global developments that have occurred in public procurement regulation & to examine some key current policy issues. The dynamic nature of the topic & the quality of coverage make this a useful, interesting resource for academics in the fields of international law & economics as well as practitioners & officials involved in international trade.

Public Procurement and Human Rights

Public Procurement and Human Rights PDF Author: Olga Martin-Ortega
Publisher: Edward Elgar Publishing
ISBN: 1788116313
Category : Law
Languages : en
Pages : 272

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Book Description
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

Public Procurement and Aid Effectiveness

Public Procurement and Aid Effectiveness PDF Author: Annamaria La Chimia
Publisher: Bloomsbury Publishing
ISBN: 150992244X
Category : Law
Languages : en
Pages : 416

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Book Description
This edited collection fills a significant gap in the literature by gathering contributions from the most prominent academics and practitioners of aid and procurement. It explores the economic, political and legal relationship between procurement and aid effectiveness in developing countries, and takes stock of current debates in the field. More specifically, the contributions analyse the failures and successes of current initiatives to foster effectiveness and streamline the aid procurement process, and address current themes emerging in the literature related to development, procurement and aid success. A pivotal and timely publication, Public Procurement and Aid Effectiveness will be of interest to a varied and multicultural international audience and a wide range of actors working on aid effectiveness, development, procurement and good governance initiatives in both donor and beneficiary countries.

Public Procurement and the EU Competition Rules

Public Procurement and the EU Competition Rules PDF Author: Albert Sánchez Graells
Publisher: Bloomsbury Publishing
ISBN: 1509900284
Category : Law
Languages : en
Pages : 584

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Book Description
Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.