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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.
"Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception.In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down.On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa."--Back cover.
This book examines the regulatory rules on public procurement in selected African countries and provides a comparative analysis of key regulatory issues.
This book presents an interdisciplinary exploration of the governance of public procurement reform in Africa. Through a bottom-up approach to case studies and comparative analyses, scholars, practitioners, and social activists write about the organizational mechanisms and implementation gaps in public procurement governance in light of the general premises of national reform. Reforming the ways in which government purchases works, goods, and services from the private sector is one of the most sweeping policy reform undertaken in Africa in the past decade. Despite the transnational scope of policy change, very little is known about the mechanisms of public procurement governance at the subnational level. The argument in this volume is that policy reforms that mitigate contractual hazards along the three-dimensional “law-politics-business matrix” are more likely to bring about meaningful institutional transformation and broader social accountability. Key to substantive transformation of public procurement is the revitalization and professionalization of the public sector to meet the opportunities and challenges of development by contract.
This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
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 and it is 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. The book 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; as well as how the banks ensure competition and value for money in funded procurements. The book also examines the banks' approach to sustainability concerns in public procurement such as environmental, social or industrial concerns; as well as how the banks address the issue of corruption and fraud in funded contracts. Another issue that is addressed by this book is how the banks have implemented the aid effectiveness agenda. 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 book also considers the contractual and other remedies that are available to parties that may be aggrieved as a result of a funded procurement. The book analyses, compares and contrasts the legal, practical and institutional approaches to procurement regulation in the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank and the European Bank for Reconstruction and Development.
Combining knowledge and field experience, this book develops an analysis of institutional changes and organizational transformations based on the experience of the public procurement reforms carried out in sub-Saharan Africa.
Sustainable Public Food Procurement (PFP) represents a key game changer for food systems transformation. It can influence both food consumption and food production patterns. It can deliver multiple social, economic and environmental benefits towards sustainable food systems for healthy diets. This publication aims to contribute to the improved understanding, dissemination and use of PFP as a development tool in particular in the case of school meals programmes. In Volume 1, researchers, policymakers and development partners can find evidence on how PFP can be used as a development tool and deliver multiple benefits for multiple beneficiaries. It argues that PFP can provide a market for local and smallholder farmers, promote the conservation and sustainable use of agrobiodiversity, and improve the nutrition and health of children and communities. Volume 2 of this publication, available at https://doi.org/10.4060/cb7969en, presents further analysis of the instruments, enablers and barriers for PFP implementation. It also provides case studies with local, regional and national experiences from Africa, Asia, Europe and North and South America.
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.