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

✍ Scribed by Sue Arrowsmith; Luke RA Butler; Annamaria La Chimia; Christopher Yukins (editors)

• Publisher: Hart Publishing
• Year: 2021
• Tongue: English
• Leaves: 641
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

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?