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Edited by: Mark Arnold KC, Simon Mortimore KC
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Framework Agreements, Supplier Lists, and Other Public Procurement Tools: Purchasing Uncertain or Indefinite Requirements


ISBN13: 9781509959907
Published: July 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition not yet published, ISBN13 9781509959945



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This book provides a strategic and pragmatic perspective towards regulation, policy, and implementation of framework agreements, supplier lists, and akin tools in public procurement.

Whilst procurements of huge volumes and value are performed worldwide through such tools on a daily basis, and despite their complexity and diversity, this topic has rarely been studied in a systematic way. The book fills this major gap. It examines a series of public procurement systems or legal instruments selected to ensure wide coverage – the UNCITRAL Model Law on Public Procurement, the World Bank, the US federal procurement system, EU law, France, Romania, and the UK pre- and post-Brexit.

By deconstructing over 20 'clusters' of tools into their key features along a pattern for analysis, the book reconstructs a conceptual framework for purchasing uncertain or indefinite requirements through a transversal perspective across public procurement systems. In this way, the book provides valuable orientation to law and policy makers for improving or reforming this area, to procurement officers in interpreting existing regulation and identifying innovative practical solutions, and to lawyers and the judiciary for a balanced application of the regulation.

The book delivers essential material for increased efficiency and effectiveness in public procurement.

Subjects:
Public Procurement
Contents:
Foreword
List of Abbreviations

1. Introduction - Purchasing Uncertain or Indefinite Requirements in Public Procurement: Overview and Paradoxes

Part One: Purchasing Uncertain or Indefinite Requirements in Selected Public Procurement Systems or Instruments

2. The UNCITRAL Model Law on Public Procurement
2.1 Procurement Context
2.2 Relevant Arrangement
2.3 Conclusions

3. Procurement in World Bank Financed Projects
3.1 Procurement Context
3.2 Framework Agreements
3.3 Conclusions

4. The United States Federal Procurement System
4.1 Procurement Context
4.2 Relevant Arrangements
4.3 Conclusions

5. The EU Law, Selected EU Member States, and the UK
5.1 Scoping and Organisation
5.2 Relevant Procurement Contexts
5.3 Relevant Arrangements in EU Directives and Specific Approaches in Selected Member States
5.4 Arrangements Contemplated in the UK Post-Brexit Procurement Reform
5.5 Conclusions

Part Two: Developing a Conceptual Framework for the Regulation, Policy, and Implementation of Arrangements for Procurement of Uncertain or Indefinite Requirements

6. Transversal Perspective over Procurement of Uncertain or Indefinite Requirements Across Public Procurement Systems and Instruments
6.1 Arrangements Identified: Nuances of a Phenomenon, Rather Than Separate Concepts
6.2 Defining an Arrangement for Procurement of Uncertain or Indefinite Requirements
6.3 Classification of Arrangements
6.4 Decisions and Design
6.5 Controls: Duration and Various Facets of Stage Consistency
6.6 Procedures
6.7 Legal Review and Oversight

7: Conclusions: Articulating a Discipline for Purchasing Uncertain or Indefinite Requirements in Public Procurement