Framework Agreements Supplier Lists and Other Public Procurement Tools Purchasing Uncertain or Indefinite Requirements 1st Edition by Serban Filipon ISBN 1509959904 9781509959907

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ISBN 10:    1509959904
ISBN 13: 978-1509959907
Author:   Serban Filipon

This book looks at regulation, policy and implementation of framework agreements, supplier lists and other similar public procurement tools, with a strategic and pragmatic perspective.
Whilst procurements of huge volumes and value are performed worldwide through such tools on a daily basis, and despite their complexity and diversity, this topic has rarely been studied in a systematic way. The book fills this major gap. It examines a series of public procurement systems or legal instruments selected to ensure wide coverage – the UNCITRAL Model Law on Public Procurement, the World Bank, the US federal procurement system, EU law, France, Romania, and the UK pre- and post-Brexit.
By deconstructing over 20 ‘clusters’ of tools into their key features along a pattern for analysis, the book reconstructs a conceptual framework for purchasing uncertain or indefinite requirements through a transversal perspective across public procurement systems. In this way, the book provides valuable orientation to law and policy makers for improving or reforming this area, to procurement officers in interpreting existing regulation and identifying innovative practical solutions, and to lawyers and the judiciary for a balanced application of the regulation.
The book delivers essential material for procurement of uncertain or indefinite requirements.

Framework Agreements Supplier Lists and Other Public Procurement Tools Purchasing Uncertain or Indefinite Requirements 1st Table of contents:

1. Introduction – Purchasing Uncertain or Indefinite Requirements in Public Procurement: Overview and Paradoxes

1.1. Variety of Arrangements, Commonality, and a Substantive Definition
1.2. Reasons and Objectives, Potential Benefits and Associated Risks
1.3. Amplitude and Complexity of the Phenomenon, but Limited Attention So Far
1.4. Brief Diagnosis: Current Trends and Desirable Future Directions
1.5. Direct and Indirect Coverage of the Monograph, Plus Wider Relevance
1.6. Approach and Organisation of the Monograph

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PART I: PURCHASING UNCERTAIN OR INDEFINITE REQUIREMENTS IN SELECTED PUBLIC PROCUREMENT SYSTEMS OR INSTRUMENTS

2. The UNCITRAL Model Law on Public Procurement
2.1. Procurement Context
2.1.1. UNCITRAL: Institutional Considerations and its Work
2.1.2. The UNCITRAL Model Law on Public Procurement: Approach, Evolution, Relevance
2.2. Relevant Arrangements
2.2.1. Common Issues
2.2.1.1. Structure of Provisions, Main Definitions and Approaches
2.2.1.2. Conditions for Use of Framework Agreements under the Model Law
2.2.1.3. Challenge Proceedings
2.2.1.3.1. General
2.2.1.3.2. Applicability to Frameworks
2.2.2. Closed Framework Agreements without Second-Stage Competition
2.2.2.1. Definition and Sub-Types
2.2.2.2. Selecting This Type
2.2.2.3. Procedures
2.2.2.3.1. First-Stage Procedures
2.2.2.3.2. Second-Stage Procedures
– Choosing a Framework Supplier to Perform an Order
– Transparency
2.2.2.4. Challenges
2.2.3. Closed Framework Agreements with Second-Stage Competition
2.2.3.1. Definition and Sub-Types
2.2.3.2. Selecting This Type, and Level of Competition at Each Stage
2.2.3.3. Procedures
2.2.3.3.1. First-Stage Procedures
2.2.3.3.2. Second-Stage Procedures
2.2.3.4. Challenges
2.2.4. Open Framework Agreements
2.2.5. Supplier Lists
2.3. Conclusions

3. Procurement in World Bank Financed Projects
3.1. Procurement Context
3.1.1. Institutional Perspective
3.1.2. Procurement Operational Environment: World Bank Financed Projects
3.1.3. The 2016 Reform and Procurement Regulations
3.2. Framework Agreements
3.2.1. Description, Types, and Potential Uses
3.2.2. Procedures and Requirements
3.2.2.1. Establishing a Framework Agreement
3.2.2.2. Call-Off Processes
3.3. Conclusions

4. The United States Federal Procurement System
4.1. Procurement Context
4.1.1. Background and History
4.1.2. Institutional Framework
4.1.3. Legal Framework
4.2. Relevant Arrangements
4.2.1. Overview
4.2.2. Definite-Quantity Contracts
4.2.3. Requirements Contracts
4.2.4. Indefinite-Delivery/Indefinite-Quantity Contracts (ID/IQ)
4.2.5. Federal Supply Schedules
4.3. Conclusions

5. EU Law, Selected EU Member States, and the UK
5.1. Scoping and Organisation
5.2. Relevant Procurement Contexts
5.2.1. EU Public Procurement Law
5.2.1.1. Approach
5.2.1.2. History and Coverage
5.2.1.3. Current Directives
5.2.2. The Member States Examined
5.2.3. The Public Procurement Reform in the UK after Leaving the EU
5.3. Relevant Arrangements in EU Directives and Specific Approaches in Selected Member States
5.3.1. Summary
5.3.2. Framework Agreements
5.3.2.1. General
5.3.2.2. Definition and Types
5.3.2.2.1. Specific Approach in Romania: Limitation to Committing Frameworks
5.3.2.2.2. Specific Approach in France: Regarding the Framework as a ‘Contract’
5.3.2.3. Selecting This Arrangement
5.3.2.3.1. Conditions
– Specific Experience in France: Conditions – Past and Present
5.3.2.3.2. Controls
– Limitation in Time
– Prohibition of Substantial Amendments
– Stage Consistency
– Specific Approach in Romania: Price Adjustment Clauses
5.3.2.3.3. Specific Configurations
– Price Element in the First Stage
– ‘Generic’ Multiple-Agency Frameworks
– Specific Domestic Experience: ‘Generic Frameworks’ in the UK
5.3.2.4. Procedures
5.3.2.4.1. First-Stage Procedures
5.3.2.4.2. Call-Off Procedures
– Overview
– Specific Approach in France: Explicit Exception to Call-Off Competition in Frameworks that Do Not Establish All Terms
– Could a Call-Off Consist of a (Secondary) Framework?
– Specific Approach in France: ‘Frameworks within Frameworks’
– Further Electronic Avenues
– Notices and Transparency
– Specific Approach in the UK (before Brexit): Publishing Information about Call-Off Awards
5.3.2.5. Legal Review and Remedies
5.3.2.5.1. Specific Approach in the UK (before Brexit): Call-Offs Awarded before Declaration of Framework Ineffectiveness
5.3.3. Dynamic Purchasing Systems
5.3.3.1. Description Instead of Legal Definition
5.3.3.2. Selecting This Arrangement
5.3.3.3. Procedures
5.3.3.3.1. First-Stage Procedures
5.3.3.3.2. Call-Off Procedures
– Specific Provision in Romania Concerning ‘Frameworks’ Awarded within Dynamic Purchasing Systems?
5.3.3.4. Legal Review and Remedies
5.3.4. Qualification Systems
5.3.5. Official Lists of Approved Economic Operators and Certification by Bodies Established under Public or Private Law (Official Lists)
5.4. Arrangements Contemplated in the UK Post-Brexit Procurement Reform
5.4.1. Dynamic Markets
5.4.2. Closed and Open Frameworks
5.5. Conclusions

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PART II: DEVELOPING A CONCEPTUAL FRAMEWORK FOR THE REGULATION, POLICY, AND IMPLEMENTATION OF ARRANGEMENTS FOR PROCUREMENT OF UNCERTAIN OR INDEFINITE REQUIREMENTS

6. A Transversal Perspective on Procurement of Uncertain or Indefinite Requirements Across Public Procurement Systems and Instruments
6.1. Arrangements Identified: Nuances of a Phenomenon, Rather than Separate Concepts
6.2. Defining an Arrangement for Procurement of Uncertain or Indefinite Requirements
6.3. Classification of Arrangements
6.3.1. General
6.3.2. ‘Framework’ Arrangements and ‘Supplier List’ Arrangements
6.3.3. Singularity and Plurality of Parties on the Supply Side and Demand Side, Including Closed and Open Plurality
6.3.4. ‘Framework’ Sub-Categories
6.3.5. ‘Supplier List’ Sub-Categories
6.4. Decisions and Design
6.4.1. ‘Traditional’ Procurement or Arrangement for Procurement of Uncertain or Indefinite Requirements?
6.4.2. Selecting an Appropriate or Desirable Type of Arrangement
6.4.2.1. General
6.4.2.2. Options among Categories or Sub-Categories of Framework Arrangements
6.4.2.2.1. Single- or Multiple-Supplier Framework?
6.4.2.2.2. Framework Involving Reopening of Competition at Call-Off Stage versus Direct Orders Based on the Framework, and Committing versus Non-Committing Framework
6.4.2.2.3. Closed or Open Framework?
6.4.2.3. Circumstances when ‘Supplier Lists’ May Be Appropriate
6.4.2.4. Choosing among Pre-Existing Arrangements
6.4.3. Approaches at Regulatory Level for Guiding Purchasers
6.5. Controls: Duration and Various Facets of Stage Consistency
6.6. Procedures
6.6.1. First-Stage Procedures: Setting Up the Arrangement
6.6.2. Second-Stage Procedures: Call-Offs or Nearly Full Award Procedures
6.6.2.1. Call-Off Procedures under Single-Supplier Framework Arrangements
6.6.2.2. Call-Off Procedures under Multiple-Supplier Framework Arrangements that Establish All Terms
6.6.2.3. Call-Off Procedures Involving a ‘Competitive’ Exercise, Limitations and Exceptions Thereto, and Transparency Issues
6.6.2.4. Further Transparency Matters Related to Framework Call-Off Procedures
6.6.2.5. Mixed Call-Off Procedures and ‘Limited’ Competitive Exercise Call-Off Procedures
6.6.2.6. Second-Stage Procedures in ‘Supplier List’ Arrangements
6.6.3. Intermediary Stage
6.7. Legal Review and Oversight
6.7.1. First Stage
6.7.2. Second Stage
6.7.3. Overlaps and Relationship between Stages

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7. Conclusions: Articulating a Discipline for Purchasing Uncertain or Indefinite Requirements in Public Procurement

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