Public Procurement Regulation in (a) Crisis?: Global Lessons from the COVID-19 Pandemic

Description

This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be essential, and not a luxury, in the economic recovery. With case studies on China, India, Italy, Singapore, the UK and the USA alongside those from Africa and Latin America, the book brings together leading academics and practitioners from across the world to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics. Preface Contents List of Contributors PART 1:
INTRODUCTION 1. Public Procurement Regulation in (a) Crisis? General Introduction I. The COVID-19 Pandemic and the Challenges for Public Procurement II. Objectives and Scope of the Book III. Outline and Approach PART 2:
PUBLIC PROCUREMENT REGULATION IN EMERGENCIES:
INTERNATIONAL AND GENERAL PERSPECTIVES 2. The Approach to Emergency Procurement in the UNCITRAL Model Law: A Critical Appraisal in Light of the COVID-19 Pandemic I. Introduction II. Introduction to the Model Law III. Competitive Tendering with a Public Solicitation IV. Advance Mechanisms (Framework Agreements, Supplier Lists, etc) V. Exceptional Methods for Urgency: Competitive Negotiations and Single-Source Procurement VI. Modifications to Existing Contracts to Procure New Requirements VII. Conclusions 3. Recommendations for Urgent Procurement in the EU Directives and GPA: COVID-19 and Beyond I. Introduction II. The EU III. The GPA IV. Conclusions 4. Regulating Single-Source Procurement in Emergency Situations in Light of the COVID-19 Pandemic: Issues in Policy and Practice I. Introduction II. Procurement III. Pricing and Contract Management IV. Conclusions 5. The Challenges of Constructing a Supplier Review System for Urgent Procurement: An Analysis in the Context of the UNCITRAL Framework I. Introduction II. Supplier Review under the Uncitral Model Law III. The Specific Case of Urgent Procurement IV. Conclusions 6. The EU's Joint Procurement Agreement in Light of Covid-19: Learning the Correct Lessons from the Pandemic and Identifying Actions for Improvement I. General Introduction II. Introduction: Background of the JPA III. JPA Framework IV. Complementary Mechanisms: rescEU, the Emergency Support Instrument and Clearing House of Medical Equipment V. Reflections: Lessons Learned and Recommendations VI. In Lieu of Conclusion PART 3:
RELATED REGULATORY PERSPECTIVES 7. Competition Policy in Relation to Public Procurement: An Essential Element of the Policy Framework for Addressing COVID-19 I. Introduction II. Changing Market Conditions and the Role of Competition Agencies vis-à-vis Public Procurement III. Specific Adaptations of Relevant Jurisdictions' Competition Policies in Response to the Crisis IV. Long-Run Challenges for Competition Authorities Flowing from the Broader Policy Environment V. The Pandemic as a Catalyst for Reform VI. Conclusion 8. The Trade and Government Procurement Policy Nexus: Before and After the COVID-19 Pandemic I. Introduction II. The Trade and Procurement Policy Nexus before the Pandemic III. The Trade Policy Response to the Pandemic IV. Emergent Policy Trends Affecting the Trade and Government Procurement Nexus V. Concluding Remarks: What is Really Going on Here? 9. The Rise of Resilience in Addressing COVID-19 Procurement Challenges and the Impact of International Trade-related Instruments on Countries' Freedom of Action I. Introduction II. Export Controls III. Favouring Domestic Supply Markets IV. Concluding Remarks PART 4:
DEVELOPMENT PERSPECTIVES ON PROCUREMENT
IN THE PANDEMIC 10. Legal Aspects of the Procurement and Distribution of Critical COVID-19 Supplies by International Organisations: UNOPS I. General Introduction II. UNOPS: History and Legal Status III. Legal, Regulatory and Policy Framework for UNOPS Procurement IV. Description of Programme and Legal Procurement Issues V. Coordination within the UN System and vis-a-vis Suppliers VI. Recommendations 11. Procurement and Distribution of Critical COVID-19 Supplies by International Organisations: The World Bank I. Introduction II. The Mandate of the World Bank III. The World Bank's Response to the Pandemic IV. The Global Procurement Challenge Posed by the COVID-19 Pandemic V. Evolution of the World Bank's Procurement Guidelines, Policy and Regulations VI. Emergency Procurement Procedures in the World Bank's Pre-2016 Procurement Guidelines VII. The 2016 Procurement Reform: A Flexible Procurement Policy Framework for Responding to Emergencies VIII. Alternative Procurement Arrangements IX. Hands-on Expanded Implementation Support and Bank-Facilitated Procurement X. Procurement Policy Questions raised by BFP XI. Operational Adjustments to World Bank Procurement to Accommodate Market Disruptions XII. Lessons Learned and Future Impact on World Bank Procurement 12. Procurement and Distribution of Critical COVID-19 Supplies: The Experience of USAID I. General Introduction II. The Regulatory Framework III. Description of the Programmes in Place and Issues that Arise IV. Monitoring and Oversight Measures to Manage Fraud Risks in Procurement V. Use of Procurement for Industrial or Social Objectives VI. The Pandemic as a Catalyst for Procurement Reforms VII. Reflections 13. The Procurement of a COVID-19 Vaccine in Developing Countries: Lessons from the 2009 H1N1 Pandemic I. Introduction II. The Importance of a COVID-19 Vaccine and International Efforts III. Vaccine Procurement During 2009 H1N1 IV. COVID-19 Vaccine Nationalism and Procurement V. Reflections PART 5:
EMERGENCY PROCUREMENT AND RESPONSES
TO COVID-19: COUNTRY STUDIES 14. Emergency Procurement and Responses to COVID-19: The Case of Italy I. General Introduction II. Introduction to the Regulatory Framework III. Reforms and Requirements of Procurement During COVID-19 IV. Modification and Execution of Contracts to Adapt to the Pandemic V. Conclusions 15. Emergency Procurement and Regulatory Responses to COVID-19: The Case of the United Kingdom I. General Introduction II. Introduction to the Regulatory Framework III. Procurement of New Requirements IV. Modification of Contracts to Adapt them to the Pandemic V. Security of Supply and Supplier Fraud VI. Use of Procurement for Industrial or Social Objectives, Including Building Resilience VII. The Pandemic as a Catalyst for Procurement Reforms VIII. Reflections 16. Emergency Procurement and Responses to COVID-19: The Case of the US I. General Introduction II. Introduction to the US Procurement System and Regulatory Framework III. Procurement of New Requirements IV. Modification of Contracts to Respond to the Pandemic (Contract Administration) V. Supply Chain Risks Peculiar to Public Procurement VI. Security of Supply and Contractor Fraud VII. Industrial and Social Objectives, Including Use of Procurement to Advance the Trump Administration's 'Buy American' Agenda VIII. Reflections 17. Emergency Procurement and Responses to COVID-19: The Case of Brazil I. General Introduction II. Introduction to the Regulatory Framework III. Procurement of New Requirements IV. Modification of Contracts to Adapt to their Performance to the Pandemic V. Security of Supply and Supplier Fraud VI. Use of Procurement for Industrial or Social Objectives VII. The Pandemic as a Catalyst for Procurement Reforms VIII. Reflections 18. Emergency Procurement and Responses to COVID-19: The Case of I. General Introduction II. Introduction to the Regulatory Framework III. Procurement of New Requirements, Including the New Emergency Procurement Law IV. Security of Supply and Contractor Fraud V. Use of Procurement for Industrial or Social Objectives VI. Reflections 19. Emergency Procurement and Responses to COVID-19: The Case of India I. General Introduction II. Introduction to the Regulatory Framework III. Procurement of New Requirements IV. Modification of Contracts to Adapt to the Pandemic V. Security of Supply and Supplier Fraud VI. Use of Procurement for Industrial or Social Objectives VII. The Pandemic as a Catalyst for Procurement Reforms VIII. Reflections 20. Emergency Procurement and Responses to COVID-19: The Case of Singapore I. General Introduction II. Introduction to the Regulatory Framework III. Procurement of New Requirements IV. Modification of Contracts to Adapt to the Pandemic V. Security of Supply and Contractor Fraud VI. Use of Procurement for Industrial or Social Objectives VII. The Pandemic as a Catalyst for Procurement Reforms VIII. Reflections 21. Emergency Procurement and Responses to COVID-19: The Case of China I. General Introduction II. Introduction to the Regulatory Framework III. Current Provisions on Emergency Procurement of New Requirements IV. Modification of Contract Award Procedures and Existing Contracts to Adapt to the Pandemic V. Security of Supply and Contractor Fraud VI. Use of Procurement for Industrial or Social Objectives ('Horizontal' or 'Collateral' Policies) VII. The Pandemic as a Catalyst for Procurement Reform VIII. Reflections 22. Emergency Procurement and Responses to COVID-19 in Africa: The Contrasting Cases of South Africa and Nigeria I. General Introduction II. Procuring for COVID-19 in South Africa III. Procuring for COVID-19 in Nigeria IV. Reflections PART 6:
BEYOND THE PANDEMIC 23. Emergency Procurement: The Role of Big Open Data I. Introduction II. Transparency, Big Data and Public Procurement Outcomes III. The COVID-19 Challenge and Changes to Transparency Regimes IV. The Covid-19 Challenge and Weaknesses of Data Systems V. Lessons 24. The Experiences and Lessons of the Covid-19 Pandemic: Public Procurement Regulation in (a) Crisis? I. Exploring the Experiences and Lessons of the Pandemic II. Application of Traditional Regulatory Frameworks to Emergency Situations III. Regulatory Responses to Address the Pandemic IV. Current Frameworks: Reflection and Evaluation V. Building Resilience VI. Modifications to Existing Contracts to Adapt them to Emergencies VII. The Development Aid Perspective VIII. Public Procurement Reform: Impact and Lessons from the Pandemic IX. Public Procurement Regulation in (a) Crisis?