Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Hosts: Government of Georgia Co-sponsors: AsDB, EBRD, IsDB and WB Tbilisi, Georgia, 16-19 May, 2011 Caroline Nicholas UNCITRAL May 2011

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law What is it? Model for national procurement legislation Cf GPA, APEC non-binding principles Minimum standards for procurement Who uses it? Economies in transition Developing countries MDBs as a tool for procurement reform

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Objectives of the UNCITRAL Model Law Value for money/economy Efficiency Participation, competition Fair treatment Integrity and public confidence Transparency

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Revisions to Model Law – why? Update the text (1994) Introduce e-procurement Apply experience in implementation and use No change to key principles and features Started in 2004 Consensus approach New text will be adopted in June 2011 Revised Guide available during 2011

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Key principles of Model Law (unchanged) Transparency Competition Objectivity These principles support achieving value for money and avoiding abuse

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Key features of Model Law Mandatory requirements To identify, specify items to be purchased To determine which suppliers can participate Open procedures unless justification for exclusion Notices/advertisements Pre-determined evaluation criteria and award procedures Prescribed procurement methods/procedures Challenge mechanism for breaches of rules/procedures

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Main changes in revised Model Law New provisions: e-procurement Framework agreements Conflicts of interest New method for complex procurement Strengthened provisions Procurement methods (choice) Evaluation of tenders Remedies and enforcement Overall aim: more user-friendly

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law A procurement law – does it mean a successful system? Guide to Enactment discusses need for Political will Supporting infrastructure Best practice Culture of ethics & integrity Ability to question Challenges Sanctions Civil society role Otherwise: law good, system not

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Context of reform (1) The theory Developments in procurement From rules and compliance To management and performance The practical concern Increasingly bureaucratic process?

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Context of reform (2) Consistency with other texts GPA UNCAC Harmonization with other texts? EU Directives MDBs standards Different aims of different texts Free/international trade, anti-corruption, national economic development …

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law UNCITRAL and other systems - same objectives But Differences in presentation Template for national law International agreements Differences in terminology Eg the successful tender Differences in procedural requirements Eg the public opening of tenders

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law UNCITRAL and other systems Substantive differences? Differences in procurement methods Most methods very similar Some methods more vulnerable than others Some methods require greater capacity than others Ability to pursue other policy goals through procurement

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Procurement methods – complex items Two stage tendering MDBs, UNCITRAL Request for proposals with dialogue UNCITRAL Competitive dialogue EU Directives Aim: to allow for interaction in complex procurement Issues: flexibility, transparency, capacity, control

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Other policy goals and procurement Domestic SME/Industrial development Capacity-building Green procurement Sustainable procurement Offsets UNCITRAL allows selection to reflect these policies Free trade agreements require members to be treated equally

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law Importance of holistic approach Context of reform Objectives Capacity issues Level of economic development History, geography, legal traditions Harmonized regimes Regional approach

Seventh Public Procurement Forum Revisions to the UNCITRAL Model Law For further details: http://www.uncitral.org/uncitral/en/commission/working_groups/1Procurement.html http://www.uncitral.org/uncitral/ru/commission/working_groups/1Procurement.html caroline.nicholas@uncitral.org THANK YOU