Search Results for "public-procurement-and-multilateral-development-banks-law-practice-and-problems"

Public Procurement and Multilateral Development Banks

Public Procurement and Multilateral Development Banks

Law, Practice and Problems

  • Author: Sope Williams-Elegbe
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509912932
  • Category: Law
  • Page: 344
  • View: 1408
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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.

Fighting Corruption in Public Procurement

Fighting Corruption in Public Procurement

A Comparative Analysis of Disqualification or Debarment Measures

  • Author: Sope Williams-Elegbe
  • Publisher: Bloomsbury Publishing
  • ISBN: 178225014X
  • Category: Law
  • Page: 356
  • View: 5177
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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.

Smart Public Procurement and Labour Standards

Smart Public Procurement and Labour Standards

Pushing the Discussion after RegioPost

  • Author: Albert Sánchez Graells
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509912827
  • Category: Law
  • Page: 312
  • View: 1868
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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.

Global Economic Governance and the Development Practices of the Multilateral Development Banks

Global Economic Governance and the Development Practices of the Multilateral Development Banks

  • Author: Susan Park,Jonathan R. Strand
  • Publisher: Routledge
  • ISBN: 1317568559
  • Category: Political Science
  • Page: 233
  • View: 2098
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As pillars of the post-1945 international economic system the Regional and Sub-Regional Development Banks (RSDBs) have long been considered mini-World Banks, reiterating the policy approach of the largest official multilateral development lender in the world. The main objective of the collection is to identify what role the RSDBs play in global economic governance and why. This edited collection draws together cutting edge original research on these understudied institutions. In the burgeoning sub-field of global economic governance as well as the broader study of international organisations (IOs), too often the focus remains on the World Bank and the International Monetary Fund (IMF). Second-order IOs, such as the RSDBs, receive much less attention despite their longevity and regional importance. This volume corrects this oversight by bringing together methodologically diverse research on the RSDBs that interrogates the role and impact of these organisations in global economic governance. The book investigates: the African Development Bank (AfDB); the Asian Development Bank (AsDB); the Inter-American Development Bank (IDB), and the European Bank for Reconstruction and Development (EBRD) and select sub-regional development banks in comparison to the World Bank Group. This work will be of great interest to students and scholars of IPE, IR and Development Studies.

Fighting Corruption and Promoting Integrity in Public Procurement

Fighting Corruption and Promoting Integrity in Public Procurement

  • Author: OECD
  • Publisher: OECD Publishing
  • ISBN: 9264014004
  • Category:
  • Page: 298
  • View: 5634
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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.

Public Procurement of Energy Efficiency Services

Public Procurement of Energy Efficiency Services

Lessons from International Experience

  • Author: Jas Singh,Dilip R. Limaye,Brian Henderson,Xiaoyu Shi
  • Publisher: World Bank Publications
  • ISBN: 9780821381021
  • Category: Business & Economics
  • Page: 256
  • View: 4570
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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

Public Procurement Regulation in Africa

  • Author: Sue Arrowsmith,Geo Quinot
  • Publisher: Cambridge University Press
  • ISBN: 1107028329
  • Category: Law
  • Page: 429
  • View: 1031
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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 in Public Procurement

Fighting Corruption in Public Procurement

A Comparative Analysis of Disqualification or Debarment Measures

  • Author: Sope Williams-Elegbe
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782250158
  • Category: Law
  • Page: 356
  • View: 3157
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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.

Integrity in Public Procurement Good Practice from A to Z

Integrity in Public Procurement Good Practice from A to Z

Good Practice from A to Z

  • Author: OECD
  • Publisher: OECD Publishing
  • ISBN: N.A
  • Category:
  • Page: 171
  • View: 7774
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Provides, for the first time, a comparative overview of practices from A to Z. It maps out practices to enhance integrity throughout the whole procurement cycle, from needs assessment to contract management. It also takes a global stance by including practices from non-OECD countries.

Management of International Institutions and NGOs

Management of International Institutions and NGOs

Frameworks, practices and challenges

  • Author: Eduardo Missoni,Daniele Alesani
  • Publisher: Routledge
  • ISBN: 1134580185
  • Category: Business & Economics
  • Page: 440
  • View: 2852
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International Institutions (IIs), International NGOs (INGOs) and Transnational Hybrid Organizations (THOs) play a hugely important role in the modern world economy. Despite having been studied by scholars from a range of disciplines, these organizations have never before been approached from a management perspective. This ambitious book analyzes the management challenges associated with international cooperation and sheds light on how these organizations have evolved as the political, economic and business environments have changed around them. Covering an admirably broad canvas, the authors pursue two main objectives. Firstly, they explore the main management frameworks developed in the context of the corporate and national public/non-profit organizations and adapt them to the specificity of IIs and INGOs. This leads to the identification of a "tailored" approach to IO management based on their institutional and operational settings, stakeholder groups, core business, staff profile, and financial arrangements. Secondly, they "bring theory into practice" by linking frameworks to several case studies and best practices of organizations currently experimenting with management systems and tools, with case studies including the World Bank and the Gates Foundation. This comprehensive textbook is a must-own resource for students and academics involved with studying and working with international organizations.

Beyond Lending

Beyond Lending

How Multilateral Banks Can Help Developing Countries Manage Volatility

  • Author: Guillermo Perry
  • Publisher: CGD Books
  • ISBN: 1933286326
  • Category: Business & Economics
  • Page: 98
  • View: 9317
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When he began this book in early 2008, Guillermo Perry argued that developing countries remained highly vulnerable to external risks such as commodity price declines, capital flow reversals, and natural disasters. The economic crisis that has since ensued confirmed Perry's analysis. It has also made his proposal more important than ever: multilateral development banks (MDBs) should move beyond lending to provide innovative risk-management tools for developing countries to manage volatility. The risk that MDBs will fall into complacency as the short-term demand for traditional loans increases during the crisis should not deter innovations to ensure long-term stability. Contents 1. Causes and Consequences of High Volatility in Developing Countries 2. The Role of Financial Insurance and Hedging 3. Dealing with Liquidity Shocks and the Procyclicality of Private Capital Flows 4. Dealing with Currency Risks 5. Dealing with Commodity Price, Terms of Trade, and Output Risks 6. Dealing with Natural Disaster Risks 7. Why Multilateral Development Bank Practices Are So Far from Their Potential 8. An Agenda Going Forward

Ten Steps to a Results-Based Monitoring and Evaluation System

Ten Steps to a Results-Based Monitoring and Evaluation System

A Handbook for Development Practitioners

  • Author: Jody Zall Kusek,Ray C. Rist
  • Publisher: World Bank Publications
  • ISBN: 0821389076
  • Category: Business & Economics
  • Page: 264
  • View: 2622
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This Handbook provides a comprehensive ten-step model that will help guide development practitioners through the process of designing and building a results-based monitoring and evaluation system.

Impact Evaluation in Practice, Second Edition

Impact Evaluation in Practice, Second Edition

  • Author: Paul J. Gertler,Sebastian Martinez,Patrick Premand,Laura B. Rawlings,Christel M. J. Vermeersch
  • Publisher: World Bank Publications
  • ISBN: 1464807809
  • Category: Business & Economics
  • Page: 364
  • View: 2431
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The second edition of the Impact Evaluation in Practice handbook is a comprehensive and accessible introduction to impact evaluation for policy makers and development practitioners. First published in 2011, it has been used widely across the development and academic communities. The book incorporates real-world examples to present practical guidelines for designing and implementing impact evaluations. Readers will gain an understanding of impact evaluations and the best ways to use them to design evidence-based policies and programs. The updated version covers the newest techniques for evaluating programs and includes state-of-the-art implementation advice, as well as an expanded set of examples and case studies that draw on recent development challenges. It also includes new material on research ethics and partnerships to conduct impact evaluation. The handbook is divided into four sections: Part One discusses what to evaluate and why; Part Two presents the main impact evaluation methods; Part Three addresses how to manage impact evaluations; Part Four reviews impact evaluation sampling and data collection. Case studies illustrate different applications of impact evaluations. The book links to complementary instructional material available online, including an applied case as well as questions and answers. The updated second edition will be a valuable resource for the international development community, universities, and policy makers looking to build better evidence around what works in development.

The IMF and the World Bank: How Do They Differ? (EPub)

The IMF and the World Bank: How Do They Differ? (EPub)

  • Author: David D. Driscoll
  • Publisher: International Monetary Fund
  • ISBN: 1455230634
  • Category: Business & Economics
  • Page: 57
  • View: 4913
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Benchmarking Public Procurement 2016

Benchmarking Public Procurement 2016

Assessing Public Procurement Systems in 77 Economies

  • Author: World Bank Group
  • Publisher: World Bank Publications
  • ISBN: 1464807272
  • Category: Business & Economics
  • Page: 154
  • View: 9941
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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.

A History of Law and Lawyers in the GATT/WTO

A History of Law and Lawyers in the GATT/WTO

The Development of the Rule of Law in the Multilateral Trading System

  • Author: Gabrielle Marceau
  • Publisher: Cambridge University Press
  • ISBN: 1107085233
  • Category: Law
  • Page: 684
  • View: 8269
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How have GATT/WTO staff and Appellate Body members contributed to the evolution of the rule-of-law in the multilateral trading system?

European Public Procurement

European Public Procurement

Legislative History of the 'utilities' Directive : 2004/17/EC

  • Author: Jan M. Hebly
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041125582
  • Category: Law
  • Page: 1749
  • View: 1906
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Now also available as eBook Directive 2004/17/EC governs the rules, provisions, and procedures entailed in public procurement contracts awarded by EU Member States in the water, energy, transport, and postal services sectors. In the course of the eight-year (1996and–2004) gestation period of an EC public procurement policy that would meet the challenges of a globalised economy, it became clear that these utilities required a legislative framework distinct from the general coordination of award procedures that finally emerged as Directive 2004/18/EC. This book on the and‘Utilitiesand’ Directive 2004/17/EC is a companion to an earlier volume on the legislative history of Directive 2004/18/EC. This new volume gathers in one place all the relevant documents that led to the adoption of the Utilities Directive. In great detail this legislative history reveals such crucial elements and outcomes as the following: ports and airports as transport hubs of solid fuels; treatment of relevant WTO Agreements; confidentiality and security; works and service concessions; resale and leasing provisions; competition; communication of technical specifications; tax. environmental, and labour obligations; time limits; and design contests. Introducing the book are excerpts that give a general picture of the reasons that led to the intention to replace the earlier procurement directive for the utilities sectors (93/38/EEC). Then follow excerpts that give an insight into the drafting of the recitals in the Preamble, the articles, and the annexes. The book concludes with a chronological overview of the legislative documents associated with Directive 2004/17/EC and a Keyword Index. Along with its companion volume on Directive 2004/18/EC, this important book will be a powerful resource for lawyers and policymakers engaged in the practice and development of European procurement law. It will also provide both practitioners and researchers working in the area of European procurement law with an incomparable desktop reference on the Utilities Directive.

Global Public Procurement Theories and Practices

Global Public Procurement Theories and Practices

  • Author: Khi V. Thai
  • Publisher: Springer
  • ISBN: 3319492802
  • Category: Political Science
  • Page: 339
  • View: 5969
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This book discusses current theories and practices in the field of public procurement. Over the past few decades, public procurement has had to evolve conceptually and organizationally in the face of unrelenting budget constraints, government downsizing, public demand for increased transparency in public procurement, as well as greater concerns about efficiency, fairness and equity. Procurement professionals have also had to deal with a changeable climate produced by emerging technology, environmental concerns, and tension between complex regional trade agreements and national socioeconomic goals. This volume presents sixteen case studies focusing on the themes of public procurement as a policy tool and performance-based public procurement. The first section discusses public procurement as a policy tool and the challenges involved in balancing the competing interests of market forces, legal requirements, political pressures, and environmental concerns. The second section discusses performance-based public procurement, highlighting the frameworks used to assess procurement systems, the gaps between policy and practice, and strategies for bridging those gaps. The final section of the book discusses current issues in procurement, such as the Trans-Pacific Partnership, risk mitigation, and procurement as a profession. By combining theory and analysis with evidence from the real world, this book is of equal use to academics, policy makers, and procurement professionals.

The Law and Economics of Framework Agreements

The Law and Economics of Framework Agreements

  • Author: Gian Luigi Albano,Caroline Nicholas
  • Publisher: Cambridge University Press
  • ISBN: 1107077966
  • Category: Law
  • Page: 358
  • View: 1629
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This book addresses the increasing demand for a logical understanding of how framework agreement should be used and implemented.