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

✍ Scribed by Sope Williams-Elegbe

• Publisher: Hart Publishing
• Year: 2017
• Tongue: English
• Leaves: 343
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

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