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Procurement law

See below for a selection of the latest books from Procurement law category. Presented with a red border are the Procurement law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Procurement law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

Public Procurement and Aid Effectiveness A Roadmap under Construction

Public Procurement and Aid Effectiveness A Roadmap under Construction

Author: Annamaria La Chimia Format: Hardback Release Date: 08/08/2019

This edited collection fills a significant gap in the literature by gathering contributions from the most prominent academics and practitioners of aid and procurement. It explores the economic, political and legal relationship between procurement and aid effectiveness in developing countries, and takes stock of current debates in the field. More specifically, the contributions analyse the failures and successes of current initiatives to foster effectiveness and streamline the aid procurement process, and address current themes emerging in the literature related to development, procurement and aid success. A pivotal and timely publication, Public Procurement and Aid Effectiveness will be of interest to a varied and multicultural international audience and a wide range of actors working on aid effectiveness, development, procurement and good governance initiatives in both donor and beneficiary countries.

The Law and Economics of Framework Agreements Designing Flexible Solutions for Public Procurement

The Law and Economics of Framework Agreements Designing Flexible Solutions for Public Procurement

Author: Gian Luigi Albano, Caroline Nicholas Format: Paperback / softback Release Date: 20/12/2018

Framework agreements have arisen in response to the well documented and high costs of public procurement procedures. The agreements have significant potential to improve procedural efficiency in public procurement, but are complex to operate. Inadequate preparation and implementation can also frustrate their potential both to tackle waste, abuse and corruption and to enhance value for money. In this enlightening book, Gian Luigi Albano and Caroline Nicholas look at the key decisions required for designing and using framework agreements, and address both legal and economic issues to give the reader a clear understanding of the planning, variables and flexibility needed for efficient implementation. This book will be of interest to policy makers, lawyers and public procurement practitioners who want to deepen their understanding of the legal and economic issues surrounding framework agreements.

Eu Public Procurement Law & Self-Organisation A Nexus of Tensions & Reconciliations

Eu Public Procurement Law & Self-Organisation A Nexus of Tensions & Reconciliations

Author: Willem Janssen Format: Paperback / softback Release Date: 15/06/2018

The nexus between EU public procurement law and self-organisation of the Member States and their public authorities in the European Union is often misunderstood. This book is the first comprehensive analysis of this relationship and aims to provide a greater understanding of this topic. It creates food for thought to improve the law. This book offers in-depth studies on how EU public procurement law interacts with the most noteworthy aspects of self-organisation on the national level. The allocation of responsibilities and competences, self-supply, institutionalized cooperation, non-institutionalised cooperation, cooperation based on exclusive rights and the make-or-buy decision are scrutinized. Based on qualitative and comparative research, it provides a detailed discussion of these exclusions and exemptions from EU public procurement law in light of the 2014 Directives on public procurement, the case-law of the Court of Justice of the European Union and the Dutch Courts, and other relevant sources. Timely and engaging, this book will appeal to academic scholars, legislators and practitioners interested in gaining a deeper understanding of the scope of EU public procurement law. Exploring the discretionary power for public authorities to organize themselves, it will also inform these authorities when they aim to provide services with their own resources or in cooperation with other authorities. Similarly, it informs third parties that want to uphold the obligations of the law before the courts.

Smart Public Procurement and Labour Standards Pushing the Discussion after RegioPost

Smart Public Procurement and Labour Standards Pushing the Discussion after RegioPost

Author: Albert Sanchez-Graells Format: Hardback Release Date: 08/02/2018

Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Ruffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.

Procurement Law in Ireland

Procurement Law in Ireland

Author: David Browne, Patrick McGovern Format: Hardback Release Date: 30/09/2017

This new text provides an overview of the principles of public procurement, thresholds and exclusions for public contracts, notification and procurement procedures, framework agreements and dynamic purchasing, and remedies and redress. It is an extensive evaluation of the substantive and procedural provisions applying to public procurement in this jurisdiction. This is a key text for legal practitioners and those working in the area of public procurement in local authorities, Government departments, utilities and potential contractors and bidders in the private sector. Recent changes in the area include: Directive 2014/24 replacing Directive 2004/18 (Classical/Public Sector Directive) Directive 2014/25 replacing Directive 2004/17 (Utilities Directive) Directive 2014/23 (new Directive on Concession Contracts) Key features: *Extensive evaluation of public procurement law in this jurisdiction *Consolidates relevant Irish procedures on notification of tenders and the procurement process *Analyses the relevant procedures for reviewing the procurement process and seeking redress *Analyses public procurement from a legal and practical perspective *Deals with EU Directives and transposing national legislation and case law The authors David Browne BL is a practising barrister in the areas of administrative, commercial and chancery law, specialising in EU, local government, procurement and planning law. He is the author of The Law of Local Government (published in December 2014 by Thomson Reuters, Roundhall). He lectures in Administrative Law and is the Course Director of the Diploma in Planning and Environmental Law in the Honorable Society of King's Inns. He was previously an advisor in the Department of Transport, Post-doctoral Research Fellow in Trinity College, Dublin, Fulbright Scholar in the Energy and Resources Group at the University of California, Berkeley and an Associate in the Environment and Planning Group in Arthur Cox. Patrick McGovern (Retired Partner, Arthur Cox) BA (Mod), LLB (First Class) and Foundation Scholar , TCD, admitted Solicitor in Ireland and Northern Ireland. Patrick was involved in many of the leading projects and cases before his retirement Somague v TFI (Luas Cross City, Baker J) and Powerteam v ESB lifting automatic suspension, (Costello J). He has represented clients successfully before the European Commission and the European Court of Justice. He is also author of the Public Procurement chapter in Construction Projects: Law and Practice. He has been a correspondent for many years of the Public Procurement Law Review (ed Prof S Arrowsmith). He was a member of the Executive Committee of the Procurement Lawyers Association, London to 2016. Patrick is a visiting Professor for procurement at Bangor University, Wales and ranked as one of the 10 most highly regarded individuals worldwide by the International Whos Who of Procurement Lawyers.

Privatising Public Prisons Labour Law and the Public Procurement Process

Privatising Public Prisons Labour Law and the Public Procurement Process

Author: Amy Ludlow Format: Paperback / softback Release Date: 18/05/2017

Successive UK governments have pursued ambitious programmes of private sector competition in public services that they promise will deliver cheaper, higher quality services, but not at the expense of public sector workers. The public procurement rules (most significantly Directive 2004/18/EC) often provide the legal framework within which the Government must deliver on its promises. This book goes behind the operation of these rules and explores their interaction with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); regulations that were intended to offer workers protection when their employer is restructuring his business. The practical effectiveness of both sources of regulation is critiqued from a social protection perspective by reference to empirical findings from a case study of the competitive tendering exercise for management of HMP Birmingham that was held by the National Offender Management Service (NOMS) between 2009 and 2011. Overall, the book challenges the Government's portrayal of competition policies as self-evident sources of improvement for public services. It highlights the damage that can be caused by competitive processes to social capital and the organisational, cultural and employment strengths of public services. Its main conclusions are that prison privatisation processes are driven by procedure rather than aims and outcomes and that the complexity of the public procurement rules, coupled with inadequate commissioning expertise and organisational planning, can result in the production of contracts that lack aspiration and are insufficiently focused upon improvement or social sustainability. In sum, the book casts doubt upon the desirability and suitability of using competition as a policy mechanism to improve public services.

Trials and Tribulations in the Implementation of Pre-Commercial Procurement in Europe

Trials and Tribulations in the Implementation of Pre-Commercial Procurement in Europe

Author: Ramona Apostol Format: Hardback Release Date: 17/02/2017

This book aims to advance the understanding of pre-commercial procurement (PCP) as innovation policy instrument and as means to fulfil public needs. To this end, it places PCP within its political and legal context and elucidates its origins and its economic rationale. Based on this analysis, it suggests a clear conceptualization of PCP and a clear delineation from other innovation policy instruments. Subsequently, the book assesses the value and achievements of the more established type of PCP policy programmes, and draws lessons for improvement. In this context, it raises awareness of the remaining obstacles to its wide and effective implementation and suggests appropriate solutions ranging from policy guidance to law interpretation and legislative reform. The text makes use of illustrative practical examples of policy-making and project implementation in various public programmes of R&D procurement. This is a highly relevant book for academics and practitioners in the field of public procurement. Ramona Apostol is Senior Procurement Adviser at Corvers Procurement Services B.V. in the Netherlands. She holds a Ph.D. in Law from Leiden University, the Netherlands. She has been involved in a wide range of procurement projects related to the implementation of R&D and innovation procurement and regularly acts as independent expert for the European Commission on this topic.

Public Procurement Regulation in Africa

Public Procurement Regulation in Africa

Author: Professor Sue Arrowsmith Format: Paperback / softback Release Date: 02/02/2017

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.

The Law and Economics of Framework Agreements Designing Flexible Solutions for Public Procurement

The Law and Economics of Framework Agreements Designing Flexible Solutions for Public Procurement

Author: Gian Luigi Albano, Caroline Nicholas Format: Hardback Release Date: 28/04/2016

Framework agreements have arisen in response to the well documented and high costs of public procurement procedures. The agreements have significant potential to improve procedural efficiency in public procurement, but are complex to operate. Inadequate preparation and implementation can also frustrate their potential both to tackle waste, abuse and corruption and to enhance value for money. In this enlightening book, Gian Luigi Albano and Caroline Nicholas look at the key decisions required for designing and using framework agreements, and address both legal and economic issues to give the reader a clear understanding of the planning, variables and flexibility needed for efficient implementation. This book will be of interest to policy makers, lawyers and public procurement practitioners who want to deepen their understanding of the legal and economic issues surrounding framework agreements.

Damages in EU Public Procurement Law

Damages in EU Public Procurement Law

Author: Hanna Schebesta Format: Hardback Release Date: 16/12/2015

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

Procuring Successful Mega-Projects How to Establish Major Government Contracts Without Ending up in Court

Procuring Successful Mega-Projects How to Establish Major Government Contracts Without Ending up in Court

Author: Louise Hart Format: Hardback Release Date: 07/08/2015

Mega-projects descending into chaos and litigation embarrass governments all over the world, as the public sector presides over fiascos that waste billions and destroy reputations. Inquiry after Inquiry finds the damaging and costly failures of major government projects can be traced back to the contract establishment process. Procuring Successful Mega-Projects, is a mentor's guide for project directors, providing frank, fearless, practical advice on how to set up a major government contract that won't end up in court. It's all there: How to develop and negotiate a contract that doesn't contain undeliverable obligations or perverse incentives but does contain the necessary provisions for successful project management. How to navigate the pitfalls of the public sector environment, from hiring freezes and governance frameworks to the complexities of managing the relationship with the Minister. How to select and manage the lawyers and other advisers, build the adviser-client relationship and recognise that unwelcome advice may not be unhelpful. How to structure and follow a bullet-proof procurement process that is fair to bidders and delivers great outcomes. Procuring Successful Mega-Projects is essential reading, not just for the project director, but for everyone with a stake in the success of a mega-project: public sector executives; Ministers; private sector tenderers; infrastructure lenders; legal, financial and technical professional service providers; and procurement and project management professionals.