Regulating Procurement Understanding the Ends and Means of Public Procurement Regulation

by
Format: Hardcover
Pub. Date: 2005-02-17
Publisher(s): Oxford University Press
  • Free Shipping Icon

    This Item Qualifies for Free Shipping!*

    *Excludes marketplace orders.

List Price: $274.40

Buy New

Arriving Soon. Will ship when available.
$261.33

Rent Textbook

Select for Price
There was a problem. Please try again later.

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

Public procurement regulation is the body of law dealing with the way in which public authorities award contracts. Procurement by public bodies has implications for a number of areas of law, in particular trade and competition law and administrative law. Failure to comply with publicprocurement rules can lead to public bodies being sued by unsuccessful contractors (or their governments), under national, EC or WTO law.The object of this study is to show why procurement is regulated at all and to provide an understanding of the differences between national and regional systems and a guide to the emerging international system. This book will provide an essential international and comparative perspective on thefoundations of procurement for academics, practitioners and policy makers.

Author Biography


Peter Trepte is a barrister specialising in public procurement and competition law. In the case of regulated procurement, he advises and represents public and private sector clients on the impact of national and EU procurement rules as well as the application of the WTO's Government Procurement Agreement and the effect on the procurement rules of the EU's preferential trade agreements. In an international context, he has advised a number of countries in Eastern and Central Europe, the Middle East and Asia on procurement and has been involved in the drafting of appropriate procurement legislation and guidelines. He has acted as procurement legislation consultant to the World Bank, Asian Development Bank, the EU, OECD and USAID. He was one of three Dispute Panel members in the GPA procurement dispute between the United States and South Korea. He is a Fellow of the Chartered Institute of Arbitrators.

Table of Contents

PART I: THE LOGIC OF REGULATING PROCUREMENT
1. Introduction
3(60)
1.1 Objectives of the Investigation
3(6)
1.2 The Economic Context of Public Procurement
9(17)
1.2.1 Provision of Collective Goods
9(2)
1.2.2 The Organisation of Government
11(8)
1.2.3 The Government and the Market
19(1)
1.2.4 Procuring from the Market
20(6)
1.3 The Parameters of the Investigation
26(10)
1.3.1 'Public' Procurement
27(2)
1.3.2 Procured Items
29(6)
1.3.3 Procurement in Practice
35(1)
1.4 Regulatory Building Blocks
36(9)
1.4.1 Domestic and International Dimensions
37(3)
1.4.2 Conflict and Complementarity
40(2)
1.4.3 Regulatory Systems
42(3)
1.5 Regulation and Enforcement
45(12)
1.5.1 The Purposive Nature of Regulation
47(3)
1.5.2 Form and Enforcement
50(7)
1.6 The Framework for Analysis
57(6)
2. The Government as Purchaser
63(70)
2.1 The Economic Background
63(5)
2.1.1 The Pursuit of Allocative Efficiency
64(2)
2.1.2 Perfect Competition
66(2)
2.2 Economic Theory and Procurement
68(2)
2.3 Agency Theory
70(41)
2.3.1 The Agent's Perspective
70(14)
2.3.2 Informational Problems
84(9)
2.3.3 The Regulatory Response
93(18)
2.4 Market Failures
111(7)
2.4.1 Contestability
112(1)
2.4.2 The Buyer
112(3)
2.4.3 The Sellers
115(3)
2.5 Consequences for Procurement Regulation
118(4)
2.6 Transaction Costs
122(6)
2.6.1 Reducing Transaction Costs
123(3)
2.6.2 Barriers to Entry
126(2)
2.7 Concluding Remarks
128(5)
3. The Government as Body Politic
133(75)
3.1 The Instrumental Use of Procurement
137(2)
3.2 Policy Considerations
139(37)
3.2.1 Strategic Policies
139(13)
3.2.2 Protective Policies
152(16)
3.2.3 Proactive Policies
168(8)
3.3 Non-Discrimination
176(11)
3.3.1 Application of the Principle
178(2)
3.3.2 Derogations from the Principle
180(2)
3.3.3 Impact on Procurement Regulation
182(5)
3.4 Procedural Impediments
187(17)
3.4.1 Statutory Compliance
189(1)
3.4.2 Contract Compliance
190(3)
3.4.3 Eligibility
193(1)
3.4.4 Selection and Qualification
194(5)
3.4.5 Technical Specifications
199(3)
3.4.6 Award Criteria
202(1)
3.4.7 Preferences and Set-Asides
203(1)
3.5 Concluding Remarks
204(4)
4. The Government as International Actor
208(55)
4.1 The Theory of Comparative Advantage
210(15)
4.1.1 Efficiency in Production
212(1)
4.1.2 Efficiency in Exchange
213(2)
4.1.3 Equilibrium and Disequilibrium
215(8)
4.1.4 Absolute and Comparative Advantage
223(2)
4.2 Competitive Advantage
225(7)
4.2.1 The Source of Competitive Advantage
226(2)
4.2.2 Determinants of Competitive Advantage
228(3)
4.2.3 Consequences for Productivity
231(1)
4.3 Obstacles to International Trade
232(14)
4.3.1 Government Barriers to Trade
235(6)
4.3.2 'Private' Barriers to Trade
241(5)
4.4 Regulation of International Trade
246(8)
4.4.1 International and Regional Regulation
247(4)
4.4.2 Effect on Procurement Regulation
251(3)
4.5 Participation and Incentives
254(4)
4.5.1 Costs of Non-Participation
255(1)
4.5.2 Incentives for Participation
256(2)
4.6 Concluding Remarks
258(5)
PART II: ILLUSTRATIVE REGULATORY SYSTEMS
5. Domestic Regulation
263(77)
5.1 Introduction
263(3)
5.2 Organisation of Procurement
266(4)
5.2.1 Level of Involvement
267(2)
5.2.2 Personnel
269(1)
5.3 Procurement Procedures
270(26)
5.3.1 Competitive Bidding Procedures
272(8)
5.3.2 Additional and Exceptional Procedures
280(8)
5.3.3 Value Thresholds
288(6)
5.3.4 Procurement Methods
294(2)
5.4 Elements of the Competitive Process
296(31)
5.4.1 Preparation of Bidding Documents
297(2)
5.4.2 Preparation of Bids
299(10)
5.4.3 Issue of Bidding Documents
309(2)
5.4.4 Receipt of Bids
311(6)
5.4.5 Qualification of Bidders
317(5)
5.4.6 Evaluation of Bids
322(2)
5.4.7 Award of Contract
324(3)
5.5 Consultancy Services
327(3)
5.5.1 Procedure
328(1)
5.5.2 Evaluation
329(1)
5.6 Terms of Contract
330(9)
5.6.1 Contract Terms and Evaluation
331(1)
5.6.2 Illustrative Terms
331(8)
5.7 Concluding Remarks
339(1)
6. International Regulation
340(45)
6.1 The European Community
342(26)
6.1.1 The Treaty of Rome and Procurement
342(1)
6.1.2 Treaty Provisions Applicable to Procurement
343(5)
6.1.3 The General Programmes
348(1)
6.1.4 The Early Directives
349(5)
6.1.5 Directives Following the Single European Act
354(7)
6.1.6 The New Consolidated Directives
361(7)
6.2 The WTO's Government Procurement Agreement
368(14)
6.2.1 History of the GPA: Issues for Negotiation
368(8)
6.2.2 The Specificities of the GPA 1994
376(3)
6.2.3 The Continuing Discussions
379(3)
6.3 Concluding Remarks
382(3)
7. Conclusions
385(12)
7.1 Economic Efficiency
389(1)
7.2 Value for Money
390(1)
7.3 Equal Treatment
391(1)
7.4 Transparency
392(2)
7.5 Competition
394(3)
Index 397

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.