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Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law

Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law. World Bank, AsDB & IsDB Istanbul, Turkey, 26-29 April 2010. Caroline Nicholas UNCITRAL April 2010. Session 2. Procurement methods Socio-economic policies Remedies and conflicts of interest.

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Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law

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  1. Sixth Public Procurement ForumReforms to the UNCITRAL Model Law World Bank, AsDB & IsDB Istanbul, Turkey, 26-29 April 2010 Caroline Nicholas UNCITRAL April 2010

  2. Session 2 • Procurement methods • Socio-economic policies • Remedies and conflicts of interest

  3. Sixth Public Procurement ForumReforms to the UNCITRAL Model Law • Procurement methods • Choice of procurement methods • Complexity (goods or services) • Negotiations needed? • Simple procurement • Urgency

  4. Sixth Public Procurement ForumReforms to the UNCITRAL Model Law Procurement methods • Primacy of tendering • Toolbox approach • Conditions for use for other methods • Overlap • Always identify best method?

  5. Sixth Public Procurement ForumReforms to the UNCITRAL Model Law • Socio economic criteria • Domestic procurement • Margins of preference • Green procurement • Qualification requirements • Evaluation criteria • Transparency

  6. Sixth Public Procurement ForumReforms to the UNCITRAL Model Law • Simplification/standardization • Chapter I: general rules (expanded) • Chapter II: Substantive rules on procurement methods (choice, open/direct solicitation) • Chapters III-V – tendering, non-negotiated and negotiated procurement • Chapter VI – ERAs • Chapter VII – Frameworks • Chapter VIII - Review

  7. Sixth Public Procurement ForumReforms to the UNCITRAL Model Law Remedies and enforcement • 1994 provisions not robust • Many exceptions • Now • Optional peer review • No exceptions • Requirement for independent administrative review body • Supported by “standstill” provisions

  8. Sixth Public Procurement ForumReforms to the UNCITRAL Model Law • Conflicts of interest • Added during review • UNCAC requires procurement “system” to address declarations, screening, etc • Debate in Working Group: in Model Law or elsewhere?

  9. Public Procurement: Global Revolution IV Reforms to the UNCITRAL Model Law • When will the review finish? • 2010 (?) • Expanded Guide • Defence procurement THANK YOU

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