UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law World Bank, AsDB & IsDB Istanbul, Turkey, April 2010 Caroline Nicholas UNCITRAL April 2010

UNCITRAL United Nations Commission on International Trade Law Session 1 Introduction Electronic procurement Framework agreements

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law UNCITRAL Model Law on Procurement (1994) – Model for modern government procurement systems –Users: Economies in transition Developing countries Over 30 States MDBs use Model Law principles

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Revisions – work of UNCITRAL Working Group I –Why? Update text E-procurement Apply lessons learned in use –No change in principles/objectives –See orking_groups/1Procurement.html

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Main topics for Working Group –E-procurement –Framework agreements –Suppliers’ lists –Procurement methods –Evaluation of tenders, etc –Simplification and standardization –Conflicts of interest –Remedies and enforcement

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law E-procurement –E-publication –E-communications –E-tendering –Electronic Reverse Auctions –Controls over e-procurement

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Framework agreements –Three types –“Closed” and “open” agreements –First and second stage competition

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Suppliers’ lists –Inconsistent with the aims and objectives of the Model Law? –Recognise and allow optional lists? –Do “open” framework agreements have many of the benefits of lists? –Not to be included in revised text