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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:- explores the adequacy of traditional legal frameworks for emergency procurement;- examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly.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 an essential, and not a luxury, in the economic recovery.With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world’s leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.This title is include included in Bloomsbury Professional's Local Government Law online service.
Sue Arrowsmith is Professor Emerita, Luke RA Butler is Associate Professor in Law and Annamaria La Chimia is Professor of Law and Development, all at the School of Law, University of Nottingham, UK.Christopher Yukins is Lynn David Research Professor in Government Procurement Law at the George Washington University Law School, USA.
PART 1INTRODUCTION1. Public Procurement in (a) Crisis? General IntroductionSue Arrowsmith (University of Nottingham, UK), Luke RA Butler (University of Nottingham, UK) and Annamaria La Chimia (University of Nottingham, UK) PART 2PUBLIC PROCUREMENT REGULATION IN EMERGENCIES: INTERNATIONAL AND GENERAL PERSPECTIVES2. The Approach to Urgent Procurement in the UNCITRAL Model Law: A Critical Appraisal in the Light of the COVID-19 Pandemic Sue Arrowsmith (University of Nottingham, UK)3. Recommendations for Urgent Procurement in the EU Directives and GPA: COVID-19 and BeyondSue Arrowsmith (University of Nottingham, UK) 4. Regulating Single Source Procurement in Emergency Situations in the Light of the COVID-19 Pandemic: Issues in Policy and PracticeLuke RA Butler (University of Nottingham, UK)5. The Challenges of Constructing a Supplier Review System for Urgent Procurement: An Analysis in the Context of the UNCITRAL FrameworkCaroline Nicholas (UNCITRAL Secretariat) and Sue Arrowsmith (University of Nottingham, UK)6. The EU’s Joint Procurement Agreement in the Light of COVID-19: Learning the Correct Lessons from the Pandemic and Identifying Actions for ImprovementAris Georgopoulos (University of Nottingham, UK) PART 3RELATED REGULATORY PERSPECTIVES7. Competition Policy in Relation to Public Procurement: An Essential Element of the Policy Framework for Addressing COVID-19Robert D Anderson (University of Nottingham, UK), William E Kovacic (UK Competition and Markets Authority) and Antonella Salgueiro (European Bank for Reconstruction and Development)8. The Trade and Government Procurement Policy Nexus: Before and After the COVID-19 PandemicSimon J Evenett (University of St Gallen, Switzerland)9. The Rise of Resilience in Addressing COVID-19 Procurement Challenges and the Impact of International Trade-Related Instruments on Countries' Freedom of ActionPeter Trepte (University of Nottingham, UK) PART 4DEVELOPMENT PERSPECTIVES ON PROCUREMENT IN THE PANDEMIC10. Legal Aspects of the Procurement and Distribution of Critical COVID-19 Supplies by International Organisations: UNOPSBenedetta Audia (United Nations Office for Project Services) and Ary Bobrow (United Nations Office for Project Services)11. Procurement and Distribution of Critical COVID-19 Supplies by International Organisations: The World BankShaun Moss (The World Bank Group)12. Procurement and Distribution of Critical COVID-19 Supplies: The Experience of USAIDJun Jin (USAID/Washington, USA) and Mary McLaughlin (USAID)13. The Procurement of a COVID-19 Vaccine in Developing Countries: Lessons from the 2009-H1N1 PandemicMark Eccleston-Turner (Keele University, UK) and Harry Upton (Keele University, UK) PART 5EMERGENCY PROCUREMENT AND RESPONSES TO COVID-19: COUNTRY STUDIES14. Emergency Procurement and Responses to COVID-19: The Case of Italy Gianluigi Albano (LUISS University, Italy) and Annamaria La Chimia (University of Nottingham, UK)15. Emergency Procurement and Responses to COVID-19: The Case of the United KingdomSue Arrowsmith (University of Nottingham, UK) and Luke RA Butler (University of Nottingham, UK)16. Emergency Procurement and Responses to COVID-19: The Case of the USChristopher R Yukins (George Washington University, USA)17. Emergency Procurement and Responses to COVID-19: The Case of BrazilMarçal Justen Filiho (Instituto Brasiliense de Direito Público, Brazil) and Cesar Pereira (Justen Pereira Oliveira & Talamini, Brazil)18. Emergency Procurement and Responses to COVID-19: The Case of ColombiaSebastien Barreto Cifuentes (Universidad Externado de Colombia)19. Emergency Procurement and Responses to COVID-19: The Case of IndiaSandeep Verma (Government of Rajasthan, India)20. Emergency Procurement and Responses to COVID-19: The Case of SingaporeHenry Gao (Singapore Management University)21. Emergency Procurement and Responses to COVID-19: The Case of ChinaPing Wang (University of Nottingham, UK) and Ke Ren (Zhongnan University of Finance and Law, China)22. Emergency Procurement and Responses to COVID-19 in Africa: The Contrasting Cases of South Africa and NigeriaGeo Quinot (Stellenbosch University, South Africa), Sope Williams-Elegbe (Stellenbosch University, South Africa) and Kingsley Tochi Udeh (Baze University, Nigeria) PART 6BEYOND THE PANDEMIC23. Emergency Procurement: The Role of Big Open DataMihaly Fazekas (Central European University, Hungary) and Alfredo Hernandez Sanchez (Barcelona Institute of International Studies, Spain)24. The Experiences and Lessons of the COVID-19 Pandemic: Public Procurement Regulation in (a) Crisis?Sue Arrowsmith (University of Nottingham, UK) and Luke RA Butler (University of Nottingham, UK)