Topic Guide: Public Procurement

Principles for enhancing integrity in public procurement of 2008. OECD. http://www.keepeek.com/Digital-Asset-Management/oecd/governance/oecd-principles-for-integrity-in-public-procurement_9789264056527-en#page1

These principles were approved as a recommendation by the highest body of the OECD, the Council, in October 2008. OECD recommendations reflect a consensus by member countries on good practice guidance. The principles are based around the following topics; transparency, good management, prevention of misconduct, compliance and monitoring, accountability and control. The principles support the implementation of legal instruments developed within the framework of the OECD, as well as other organisations, such as the United Nations, the World Trade Organisation and the European Union. The 2008 recommendation is currently being revised and a new OECD Recommendation on Public Procurement has been proposed for 2014. The new recommendation will aim to provide decision makers with a holistic approach on how to ensure the strategic function of public procurement systems, improve the procurement process and provide sources of growth. In this, the OECD takes a holistic view of the public procurement cycle: from needs assessment, bid evaluation and contract award, as well as contract management and payment.

Open Contracting global principles. http://www.open-contracting.org/global_principles

The Open Contracting Partnership has facilitated a global consultation process to create a set of global principles that can serve as a guide for all of those seeking to advance open contracting around the world. The principles reflect norms and best practices from around the world related to disclosure and participation in public contracting. They have been created with the inputs and feedback of nearly 200 members the open contracting community from government, private sector, civil society, donor organisations and international financial institutions. These collaborators contributed inputs from various sector-specific perspectives (such as service delivery, infrastructure, extractive industries and land).

Directives on public procurement. EU, 2014. http://ec.europa.eu/internal_m...

Following a two-year consultation process, the 2014 EU procurement directives were adopted by EU institutions in late 2013 and were published in the Official Journal of the EU on 28 March 2014. They came into force on 17 April 2014. EU member states now have two years to implement them in national legislation. Until that date, the current version of the EU procurement directives apply. Compared to the current version, the new directives introduce, inter alia, a definition of conflict of interest in public procurement, improves the requirements for publishing post-contract information and provides for the use of modern technology for e-procurement. It also introduces amended thresholds for applicability and encourages the use of quality-based evaluation methods. Despite the comments submitted by civil society organisations, including Transparency International, the directive will not provide for whistleblower protection.

Agreement on government procurement. World Trade Organisation (WTO). 2014. http://www.wto.org/english/tratop_e/gproc_e/gp_gpa_e.htm

Another international agreement related to public procurement is the government procurement agreement (GPA) of the WTO. The GPA is a plurilateral agreement within the framework of the WTO, which means that not all WTO members are parties to the agreement. Following a review of the 1994 version, the revised WTO GPA entered into force on 6 April 2014. The text of the agreement establishes rules requiring that open, fair and transparent conditions of competition be ensured in government procurement. The agreement establishes general principles and detailed procedural requirements that the GPA parties are obliged to apply in the covered procurement activities. Which procurement activities are subject to the agreement depends on various criteria, including the procuring entities, the goods, services and construction services procured, and the threshold values above which procurement activities are covered by the agreement. For procurements meeting these criteria, the GPA is a legally binding requirement.

Model law on public procurement. United Nations Commission on International Trade Law (UNCITRAL). 2011. http://www.uncitral.org/uncitral/en/uncitral_texts/procurement_infrastructure/2011Model.html

The Model Law on Public Procurement contains procedures and principles aimed at achieving value for money and avoiding abuses in the procurement process. The text promotes objectivity, fairness, participation, competition and integrity towards these goals. Transparency is also a key principle, allowing visible compliance with the procedures and principles to be confirmed. The Model Law is aimed at assisting states in formulating a modern procurement law. It is designed to be appropriate for all states.