By Sope Williams-Elegbe
Hart Publishing (2017)
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. It is in fact, 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 Deelopment Bank and the European Bank for
Reconstruction and Development.
Edited by: Geo Quinot & Sue Arrowsmith
Cambridge University Press (2013)
Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.
More information: For those in sub-Subharan Africa>> OR outside sub-Saharan Africa>>
A Comparative Analysis of Disqualification or Debarment Measures
By: Sope Williams-Elegbe
Hart Publishing (2012)
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. 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.
By: Dominic N Dagbanja
Lap Lambert Academic Publishing (2011)
Since the enactment of The Public Procurement Act, 2003 (Act 663) of Ghana, scholarly analyses and evaluations of its contents, institutional mechanisms and underlying policy objectives are lacking. An implication of this dearth of scholarly inquiry is that indigenous bases for assessing the procurement system for its effective implementation and reforms are limited. Similarly, in light of the fundamental importance of procurement regulation for public financial administration, it is crucial that compact and handy information on the system be readily available to parties and stakeholders in procurement. This seminal book, the first of its kind in Ghana and one of such few works in Africa, outlines and discusses the institutional and legal features of the public procurement system in Ghana. By critically interpreting, evaluating and explaining the law, the book provides comprehensively relevant information for all engaged in procurement in Ghana. Thus, government agencies, procurement officers, anti-corruption institutions, policy-makers, scholars, students, judges and lawyers in Ghana, Africa and beyond will find this book most invaluable for practice and comparative studies.
By: Geo Quinot
State Commercial Activity – A Legal Framework analyses the state’s conduct as a market participant from a legal perspective. It focuses on the judicial control of such state conduct and puts forward a legal framework in terms of which to understand state commercial activity, including public procurement.
The book focuses on South African law, but includes comparative perspectives from English, German and French law.
By: Phoebe Bolton
The Law of Government Procurement in South Africa is the very first comprehensive analysis of this topic. It systematically covers the entire field of law applicable to government procurement and examines the scope and effect of the current procurement legislation in the light of existing case law and commentary.