Public Procurement and Multilateral Development Banks: Law, Practice and Problems

Description

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. It 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; and how the banks ensure competition and value for money in funded procurements. It examines the banks’ approach to sustainability concerns in public procurement such as environmental, social or industrial concerns; as well as how they address the issue of corruption and fraud in funded contracts. The aid effectiveness agenda is examined. 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 contractual and other remedies that are available to parties that may be aggrieved as a result of a funded procurement are also examined. Preface Contents Table of Cases Table of Legislation Part I:
History and Law 1 Introduction 2 A Historical Overview of the MDBs and the History of Public Procurement Regulation in the World Bank I. Introduction II. History of the Multilateral Development Banks III. Background to Public Procurement Regulation in the MDBs: A Case Study of the World Bank IV. The History and Evolution of Procurement Policy in the World Bank V. Conclusion 3 The MDBs and International Law I. Introduction II. International Personality of MDBs: Capacity, Immunity and Liability III. The Status of MDB Loan Agreements in International Law IV. The Relationship Between the MDBs and Their Borrowers V. MDBs, Public Procurement and Global Administrative Law VI. Conclusion Part II:
Practice: Documents, Processes
and Procedures 4 The Procurement Documents I. Introduction II. Country Intervention Documents III. The Loan Agreement IV. The General Conditions for Loans V. The Procurement Rules VI. The General Conditions of Contract (GCC) VII. The Standard Procurement Documents (SPDs) VIII. The Project Procurement Strategy for Development IX. The Procurement Plan X. The Project Implementation Plan/Manual XI. Conclusion 5 The Project Cycle and the Procurement Process I. Introduction II. An Overview of Procurement Organisation in the MDBs: The Example of the World Bank III. Project Preparation IV. Project Implementation and Procurement V. Procurement Procedures Used by the Bank VI. Evaluation and Monitoring VII. Conclusion 6 Value for Money, Competition and Selection Procedures I. Introduction II. Value for Money: Meaning III. Competition in Procurement: Meaning IV. Competitive Award Procedures Under Bank-financed Contracts V. Non-competitive Procedures VI. Market Approaches VII. Selection and Contractual Arrangements VIII. Conclusion 7 Secondary (Sustainability) Concerns in MDB Procurement I. Introduction II. Secondary Concerns in Public Procurement: Meaning III. Secondary Policies in Other Jurisdictions: A Synopsis IV. The World Bank and Secondary Policies: Rationale V. The Implementation of Secondary Policies in the World Bank VI. The Frequency of the Use of Secondary Considerations in Bank-funded Contracts VII. Secondary Policies and the Other MDBs VIII. Conclusion Part III:
Problems and Issues Affecting MDB Procurement 8 Corruption in MDB Funded Procurement I. Introduction II. Corruption in Public Procurement: A Primer III. Anti-corruption in the World Bank IV. Anti-corruption and Bank Borrowers V. Concluding Remarks 9 The Aid Effectiveness Agenda: Harmonisation, Tied Aid and Use of Country Systems I. Introduction II. Aid Effectiveness III. Harmonisation IV. Tied Aid V. Use of Country Systems in Funded Procurement VI. Conclusion 10 Public Procurement Reform and the Development of Procurement Capacity in Developing Countries: The Role of MDBs I. Introduction II. Conceptual Framework III. The Multilateral Agenda on Procurement Reform and Capacity Development in Developing Countries IV. Initiating the Reform Process: Assessing Procurement Systems V. The Role of the UNCITRAL Model Law on Procurement VI. The Role of the MDBs in Procurement Reform VII. The Role of the MDBs in the Development of Procurement Capacity VIII. Conclusion 11 Remedies Under MDB-funded Procurement I. Introduction II. Introduction to Supplier Remedies in Public Procurement III. The World Bank"s Approach to Remedies IV. Complaints Forum for Bidders Under MDB-funded Contracts V. Forum for Disputes Between Contractors and Borrowers VI. Disputes Between Borrowers and the World Bank VII. Conclusion Index