A.C.L. Davies
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199287390
- eISBN:
- 9780191713484
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199287390.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. ...
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Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies to complex, long-term Private Finance Initiative or Public/Private Partnership arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully serviced hospital over a thirty-year period. English law's traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional law and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The book analyses these public law elements in detail and suggests ways in which they might appropriately be developed more fully, in tandem with the underlying private law regime. The book's aim is to raise the profile of government contracts as a proper subject for public law scholarship, whilst at the same time contributing to important contemporary debates on issues such as the public/private divide, the scope of the judicial review jurisdiction, and the reach of the Human Rights Act 1998.Less
Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies to complex, long-term Private Finance Initiative or Public/Private Partnership arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully serviced hospital over a thirty-year period. English law's traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional law and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The book analyses these public law elements in detail and suggests ways in which they might appropriately be developed more fully, in tandem with the underlying private law regime. The book's aim is to raise the profile of government contracts as a proper subject for public law scholarship, whilst at the same time contributing to important contemporary debates on issues such as the public/private divide, the scope of the judicial review jurisdiction, and the reach of the Human Rights Act 1998.
Jolyon Howorth
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199283958
- eISBN:
- 9780191603297
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199283958.003.0002
- Subject:
- Political Science, European Union
Common wisdom has it that European disagreements over the American-led invasion of Iraq killed the prospects for a European defense and foreign policy—but the common wisdom is wrong. In recent years, ...
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Common wisdom has it that European disagreements over the American-led invasion of Iraq killed the prospects for a European defense and foreign policy—but the common wisdom is wrong. In recent years, Europeans have moved fairly steadily in the direction of a meaningful European Security and Defense Policy (ESDP). The member-states remain divided on many policy issues and a number of deep obstacles remain to a strong common policy. But few now question the idea that Europe should play a greater role on the world stage, and the past several years have seen modest but concrete steps toward that goal.Less
Common wisdom has it that European disagreements over the American-led invasion of Iraq killed the prospects for a European defense and foreign policy—but the common wisdom is wrong. In recent years, Europeans have moved fairly steadily in the direction of a meaningful European Security and Defense Policy (ESDP). The member-states remain divided on many policy issues and a number of deep obstacles remain to a strong common policy. But few now question the idea that Europe should play a greater role on the world stage, and the past several years have seen modest but concrete steps toward that goal.
Ted Tschang and Lan Xue
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780199275601
- eISBN:
- 9780191705823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199275601.003.0006
- Subject:
- Business and Management, International Business
The Chinese software industry offers a strong contrast to its Indian counterpart in terms of the role of the state and the choice of growth paths, and also in terms of language and business ...
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The Chinese software industry offers a strong contrast to its Indian counterpart in terms of the role of the state and the choice of growth paths, and also in terms of language and business organization. Whereas the Indian industry is primarily export driven, its domestic products market is largely dominated by multinationals. In contrast, China's domestic firms command about 33% of its domestic market. The Chinese software industry has benefited from the significant support of the government, which has spawned many of the software firms and provides significant work for them. The industry has to face a number of issues as it goes forward, including the lack of process knowledge and experienced human resource personnel, and the fragmented market which does not lend itself to scale economies.Less
The Chinese software industry offers a strong contrast to its Indian counterpart in terms of the role of the state and the choice of growth paths, and also in terms of language and business organization. Whereas the Indian industry is primarily export driven, its domestic products market is largely dominated by multinationals. In contrast, China's domestic firms command about 33% of its domestic market. The Chinese software industry has benefited from the significant support of the government, which has spawned many of the software firms and provides significant work for them. The industry has to face a number of issues as it goes forward, including the lack of process knowledge and experienced human resource personnel, and the fragmented market which does not lend itself to scale economies.
David M. Hart
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780199251902
- eISBN:
- 9780191719059
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199251902.003.0007
- Subject:
- Business and Management, Business History
This chapter argues that the state, broadly construed, helps to construct corporate technological capabilities. Thus, the business-state interaction in the process of technological innovation must be ...
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This chapter argues that the state, broadly construed, helps to construct corporate technological capabilities. Thus, the business-state interaction in the process of technological innovation must be a focus of business history research. Key concepts from social science research on national innovation systems are introduced and it is shown how they mesh with central tenets of recent work in business history. The chapter then advances four ways of thinking about the state — as organization, fisc, system of rules, and normative order — that lead toward potentially fruitful areas for historical research. This research agenda may lead the field toward an ‘interorganizational synthesis’ that builds on and enriches the best of contemporary business history.Less
This chapter argues that the state, broadly construed, helps to construct corporate technological capabilities. Thus, the business-state interaction in the process of technological innovation must be a focus of business history research. Key concepts from social science research on national innovation systems are introduced and it is shown how they mesh with central tenets of recent work in business history. The chapter then advances four ways of thinking about the state — as organization, fisc, system of rules, and normative order — that lead toward potentially fruitful areas for historical research. This research agenda may lead the field toward an ‘interorganizational synthesis’ that builds on and enriches the best of contemporary business history.
Terry Gourvish
- Published in print:
- 2002
- Published Online:
- September 2007
- ISBN:
- 9780199250059
- eISBN:
- 9780191719516
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199250059.003.0009
- Subject:
- Business and Management, Business History
This chapter focuses on railway investments. Topics discussed include investment promotion, reduced investment spending in 1990, the need for project management and procurement, and investments on ...
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This chapter focuses on railway investments. Topics discussed include investment promotion, reduced investment spending in 1990, the need for project management and procurement, and investments on Channel Tunnel services and the High-Speed Rail Link.Less
This chapter focuses on railway investments. Topics discussed include investment promotion, reduced investment spending in 1990, the need for project management and procurement, and investments on Channel Tunnel services and the High-Speed Rail Link.
Richard Coopey and Peter Lyth
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199226009
- eISBN:
- 9780191710315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226009.003.0013
- Subject:
- Business and Management, Business History
This chapter explores the development of two ‘high technology’ sectors of the British economy in the post-war period. The chapter is set against the context of the general debate over the relative ...
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This chapter explores the development of two ‘high technology’ sectors of the British economy in the post-war period. The chapter is set against the context of the general debate over the relative decline of the British economy and the specific notion that Britain lagged behind in developing modern science- and technology-based industries. The findings reinforce certain aspects highlighted by critics of Britain's technological effort, for example the stultifying role played by the state, particularly the military, in the progress of the IT and aircraft manufacturing sectors. The state did play a positive role in boosting effort and increasing budgets, but probably directed both industries onto paths where global commercial success was going to be more difficult. Generally, though the chapter highlights the specificity of each case, and each sectors' internal complexities. In jet engine development, for example, it is important to highlight the successful — Rolls-Royce is a good example here — as well as the unsuccessful. Overall, the chapter reflects the book's themes in rejecting simplistic, uni-causal accounts of decline, favouring instead a more nuanced understanding of the role of technology-based industry in Britain's economy in the later 20th century.Less
This chapter explores the development of two ‘high technology’ sectors of the British economy in the post-war period. The chapter is set against the context of the general debate over the relative decline of the British economy and the specific notion that Britain lagged behind in developing modern science- and technology-based industries. The findings reinforce certain aspects highlighted by critics of Britain's technological effort, for example the stultifying role played by the state, particularly the military, in the progress of the IT and aircraft manufacturing sectors. The state did play a positive role in boosting effort and increasing budgets, but probably directed both industries onto paths where global commercial success was going to be more difficult. Generally, though the chapter highlights the specificity of each case, and each sectors' internal complexities. In jet engine development, for example, it is important to highlight the successful — Rolls-Royce is a good example here — as well as the unsuccessful. Overall, the chapter reflects the book's themes in rejecting simplistic, uni-causal accounts of decline, favouring instead a more nuanced understanding of the role of technology-based industry in Britain's economy in the later 20th century.
Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.001.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was ...
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Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.Less
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.
Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.003.0019
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
A complex procurement process is used by corporations that try to secure business with government agencies. It involves cost or pricing data, vendor quotations, production methods, cost trends, ...
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A complex procurement process is used by corporations that try to secure business with government agencies. It involves cost or pricing data, vendor quotations, production methods, cost trends, decrements, resources, and other things. A government auditor reviewed one such contract more than twenty years after the planes had been manufactured and concluded that fraud had been involved. The government first alleged that the contract used plain language and that this showed fraud. Linguistic analysis agreed that plain language was used, but that this language showed that nothing was fraudulent. Syntax and lexical uses (“assessment” and “estimate” in particular) were shown to be clear and supported by dictionary citations. After reviewing the linguistic analysis, the government changed its theory, now arguing that the corporation's words, such as “consideration,” “estimates,” “appropriate,” and “based on our review of,” were clear plain language but that the government's understanding was different from the corporation's. This opened the door to discovery of what those understandings were, appearing largely in the depositions of the government auditors. These revealed their inferences about the meanings of words and expressions the corporation had used in its proposal. The plaintiff's confusion was located in what the corporation did not say in its proposal. If the auditors did not understand how these expressions were being used, the speech act of requesting clarification was readily available. It was pointed out that requesting this would have been appropriate before the government granted the proposal.Less
A complex procurement process is used by corporations that try to secure business with government agencies. It involves cost or pricing data, vendor quotations, production methods, cost trends, decrements, resources, and other things. A government auditor reviewed one such contract more than twenty years after the planes had been manufactured and concluded that fraud had been involved. The government first alleged that the contract used plain language and that this showed fraud. Linguistic analysis agreed that plain language was used, but that this language showed that nothing was fraudulent. Syntax and lexical uses (“assessment” and “estimate” in particular) were shown to be clear and supported by dictionary citations. After reviewing the linguistic analysis, the government changed its theory, now arguing that the corporation's words, such as “consideration,” “estimates,” “appropriate,” and “based on our review of,” were clear plain language but that the government's understanding was different from the corporation's. This opened the door to discovery of what those understandings were, appearing largely in the depositions of the government auditors. These revealed their inferences about the meanings of words and expressions the corporation had used in its proposal. The plaintiff's confusion was located in what the corporation did not say in its proposal. If the auditors did not understand how these expressions were being used, the speech act of requesting clarification was readily available. It was pointed out that requesting this would have been appropriate before the government granted the proposal.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0008
- Subject:
- Law, Public International Law, EU Law
This chapter examines the original negotiations in the OECD that paved the way for the development of the GPA. These negotiations took place against a background of domestic use of procurement ...
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This chapter examines the original negotiations in the OECD that paved the way for the development of the GPA. These negotiations took place against a background of domestic use of procurement linkages. The chapter looks at the negotiation of state-specific exceptions as part of the accession negotiations. It considers the United States' negotiations at the time of joining the 1979 WTO GPA, and then the Canadian approach to accession to the 1994 GPA, then considers the approach that the GPA itself took to such linkages.Less
This chapter examines the original negotiations in the OECD that paved the way for the development of the GPA. These negotiations took place against a background of domestic use of procurement linkages. The chapter looks at the negotiation of state-specific exceptions as part of the accession negotiations. It considers the United States' negotiations at the time of joining the 1979 WTO GPA, and then the Canadian approach to accession to the 1994 GPA, then considers the approach that the GPA itself took to such linkages.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0012
- Subject:
- Law, Public International Law, EU Law
This chapter discusses the reasons for the increasing popularity of procurement linkages generally in some countries. Two significant developments since the early 1990s are identified that affected ...
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This chapter discusses the reasons for the increasing popularity of procurement linkages generally in some countries. Two significant developments since the early 1990s are identified that affected the policy context in which procurement linkages came to be reassessed, both globally and in the EC: the growth of corporate social responsibility (CSR), and the increasing importance of environmental issues. Procurement linkages came to be seen as a useful tool for helping to deliver both these policies. Clarification of the legal position of procurement linkages under EC law was a third important additional factor contributing to such linkages. The more the procurement directives and EC law in general were seen as legally compatible with such linkages, the less the justification for not adopting them at the national level.Less
This chapter discusses the reasons for the increasing popularity of procurement linkages generally in some countries. Two significant developments since the early 1990s are identified that affected the policy context in which procurement linkages came to be reassessed, both globally and in the EC: the growth of corporate social responsibility (CSR), and the increasing importance of environmental issues. Procurement linkages came to be seen as a useful tool for helping to deliver both these policies. Clarification of the legal position of procurement linkages under EC law was a third important additional factor contributing to such linkages. The more the procurement directives and EC law in general were seen as legally compatible with such linkages, the less the justification for not adopting them at the national level.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0016
- Subject:
- Law, Public International Law, EU Law
This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they ...
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This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they apply to procurement linkages, paying particular attention to the procurement directives adopted in 2003. Topics covered include EU status equality law, procurement law, equal treatment in Community law, freedom of contract, and limits of procurement directives.Less
This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they apply to procurement linkages, paying particular attention to the procurement directives adopted in 2003. Topics covered include EU status equality law, procurement law, equal treatment in Community law, freedom of contract, and limits of procurement directives.
Peter Trepte
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780198267751
- eISBN:
- 9780191683350
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198267751.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Public procurement regulation is the body of law dealing with the way in which public authorities award contracts. Procurement by public bodies has implications for a number of areas of law, in ...
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Public procurement regulation is the body of law dealing with the way in which public authorities award contracts. Procurement by public bodies has implications for a number of areas of law, in particular trade and competition law and administrative law. Failure to comply with public procurement rules can lead to public bodies being sued by unsuccessful contractors (or their governments), under national, European Community (EC) or World Trade Organisation (WTO) law. The object of this study is to show why procurement is regulated at all and to provide an understanding of the differences between national and regional systems and a guide to the emerging international system.Less
Public procurement regulation is the body of law dealing with the way in which public authorities award contracts. Procurement by public bodies has implications for a number of areas of law, in particular trade and competition law and administrative law. Failure to comply with public procurement rules can lead to public bodies being sued by unsuccessful contractors (or their governments), under national, European Community (EC) or World Trade Organisation (WTO) law. The object of this study is to show why procurement is regulated at all and to provide an understanding of the differences between national and regional systems and a guide to the emerging international system.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.001.0001
- Subject:
- Law, Public International Law, EU Law
Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often ...
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Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists — on the grounds of inefficiency, and lawyers — on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.Less
Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists — on the grounds of inefficiency, and lawyers — on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.
Vernon W. Ruttan
- Published in print:
- 2006
- Published Online:
- February 2006
- ISBN:
- 9780195188042
- eISBN:
- 9780199783410
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195188047.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Military and defense-related procurement has been an important source of technology development across a broad spectrum of industries that account for an important share of U.S. industrial ...
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Military and defense-related procurement has been an important source of technology development across a broad spectrum of industries that account for an important share of U.S. industrial production. This book focuses on six general-purpose technologies: interchangeable parts and mass production, military and commercial aircraft, nuclear energy and electric power, computers and semiconductors, the Internet, and the space industries. It addresses three questions that have significant implications for the future growth of the U.S. economy: Will changes in the structure of the U.S. economy and of the defense-industrial base preclude military and defense-related research, development, and procurement from playing a role in the future comparable to the role it played in the past? Will public support for commercial research and development become an important source of new general purpose technologies? Will a major war, or the threat of major war, be necessary to mobilize the scientific, technical, and financial resources necessary to induce the development of new general-purpose technologies? It argues that when the history of U.S. technology development over the next half century is written, it will focus on incremental rather than revolutionary changes in both military and commercial technology. It will also be written within the context of slower productivity growth than the relatively high rates that prevailed in the U.S. through the 1960s or during the information technology bubble that began in the early 1990s.Less
Military and defense-related procurement has been an important source of technology development across a broad spectrum of industries that account for an important share of U.S. industrial production. This book focuses on six general-purpose technologies: interchangeable parts and mass production, military and commercial aircraft, nuclear energy and electric power, computers and semiconductors, the Internet, and the space industries. It addresses three questions that have significant implications for the future growth of the U.S. economy: Will changes in the structure of the U.S. economy and of the defense-industrial base preclude military and defense-related research, development, and procurement from playing a role in the future comparable to the role it played in the past? Will public support for commercial research and development become an important source of new general purpose technologies? Will a major war, or the threat of major war, be necessary to mobilize the scientific, technical, and financial resources necessary to induce the development of new general-purpose technologies? It argues that when the history of U.S. technology development over the next half century is written, it will focus on incremental rather than revolutionary changes in both military and commercial technology. It will also be written within the context of slower productivity growth than the relatively high rates that prevailed in the U.S. through the 1960s or during the information technology bubble that began in the early 1990s.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0001
- Subject:
- Law, Public International Law, EU Law
This chapter begins with a brief discussion of how government attempts to participate in the market but at the same time regulates it, by using its purchasing power to advance conceptions of social ...
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This chapter begins with a brief discussion of how government attempts to participate in the market but at the same time regulates it, by using its purchasing power to advance conceptions of social justice, particularly equality and non-discrimination. The term ‘linkage’ is used to describe this procurement. The chapter then discusses examples of procurement linkages. An overview of subsequent chapters is presented.Less
This chapter begins with a brief discussion of how government attempts to participate in the market but at the same time regulates it, by using its purchasing power to advance conceptions of social justice, particularly equality and non-discrimination. The term ‘linkage’ is used to describe this procurement. The chapter then discusses examples of procurement linkages. An overview of subsequent chapters is presented.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0004
- Subject:
- Law, Public International Law, EU Law
This chapter presents an introduction to the international and European procurement regimes. Topics discussed include the origins of international and European procurement regulation, the Government ...
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This chapter presents an introduction to the international and European procurement regimes. Topics discussed include the origins of international and European procurement regulation, the Government Procurement Agreement, procurement by the European Community, the growth of neo-liberalism and further European procurement reform, and the European procurement reforms of 2003.Less
This chapter presents an introduction to the international and European procurement regimes. Topics discussed include the origins of international and European procurement regulation, the Government Procurement Agreement, procurement by the European Community, the growth of neo-liberalism and further European procurement reform, and the European procurement reforms of 2003.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0007
- Subject:
- Law, Public International Law, EU Law
This chapter examines different schemes that link the award of contracts to programmes that advantage particular status groups that are considered to be economically disadvantaged by giving ...
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This chapter examines different schemes that link the award of contracts to programmes that advantage particular status groups that are considered to be economically disadvantaged by giving preferences to businesses that are owned or controlled by such groups in the award of contracts, so-called ‘set-asides’. It begins by examining the development of set-asides in the United States, including the significant legal challenges to such schemes under the United States Constitution. It then considers the development in Canada of set-asides favouring Aboriginal-owned businesses.Less
This chapter examines different schemes that link the award of contracts to programmes that advantage particular status groups that are considered to be economically disadvantaged by giving preferences to businesses that are owned or controlled by such groups in the award of contracts, so-called ‘set-asides’. It begins by examining the development of set-asides in the United States, including the significant legal challenges to such schemes under the United States Constitution. It then considers the development in Canada of set-asides favouring Aboriginal-owned businesses.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0010
- Subject:
- Law, Public International Law, EU Law
This chapter examines the approach taken to domestic procurement linkages during the first wave of European procurement reforms of the 1980s. It begins by examining the extent of equality-promoting ...
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This chapter examines the approach taken to domestic procurement linkages during the first wave of European procurement reforms of the 1980s. It begins by examining the extent of equality-promoting domestic procurement linkages in EC Member States just prior to these reforms. It shows that such linkages were particularly in play in Britain, Northern Ireland, and Germany.Less
This chapter examines the approach taken to domestic procurement linkages during the first wave of European procurement reforms of the 1980s. It begins by examining the extent of equality-promoting domestic procurement linkages in EC Member States just prior to these reforms. It shows that such linkages were particularly in play in Britain, Northern Ireland, and Germany.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0018
- Subject:
- Law, Public International Law, EU Law
This chapter brings together information on the empirical effects of domestic procurement linkages in those jurisdictions considered in the earlier parts of the book: the United States, Malaysia, ...
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This chapter brings together information on the empirical effects of domestic procurement linkages in those jurisdictions considered in the earlier parts of the book: the United States, Malaysia, Canada, South Africa, and the EC. It shows that in some jurisdictions, particularly Canada and the United States, there have been sustained attempts to identify the effects of different types of procurement linkages, but that in many jurisdictions there has been relatively little empirical research conducted, thus rendering judgments of proportionality more difficult in the interpretative legal context, as well as reducing the extent to which public policy decisions on whether or not to adopt procurement linkages can be evidence-based. The chapter also reflects on the main themes of the book and presents some conclusions.Less
This chapter brings together information on the empirical effects of domestic procurement linkages in those jurisdictions considered in the earlier parts of the book: the United States, Malaysia, Canada, South Africa, and the EC. It shows that in some jurisdictions, particularly Canada and the United States, there have been sustained attempts to identify the effects of different types of procurement linkages, but that in many jurisdictions there has been relatively little empirical research conducted, thus rendering judgments of proportionality more difficult in the interpretative legal context, as well as reducing the extent to which public policy decisions on whether or not to adopt procurement linkages can be evidence-based. The chapter also reflects on the main themes of the book and presents some conclusions.
Alok Kumar and Sushanta K. Chatterjee
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198082279
- eISBN:
- 9780199082063
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198082279.003.0005
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter introduces the legal and policy provisions on the competitive procurement of electricity in India, which are one of the most important features of the Act. The salient features of the ...
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This chapter introduces the legal and policy provisions on the competitive procurement of electricity in India, which are one of the most important features of the Act. The salient features of the Competitive Bidding Guidelines issued by the Government of India under Section 63 of the Act have been covered. The chapter also covers the key features of the standard bidding documents like Request for Qualification (RfQ), Request for Proposal (RfP), and Power Purchase Agreement (PPA). The chapter explains in a simple language the various aspects of competitive procurement, including procurement under both location neutral and location specific procurement queries. It also describes in brief the experiences so far on competitive procurement and analyses the emerging issues and suggests the way forward to institutionalize competitive procurement in the sector.Less
This chapter introduces the legal and policy provisions on the competitive procurement of electricity in India, which are one of the most important features of the Act. The salient features of the Competitive Bidding Guidelines issued by the Government of India under Section 63 of the Act have been covered. The chapter also covers the key features of the standard bidding documents like Request for Qualification (RfQ), Request for Proposal (RfP), and Power Purchase Agreement (PPA). The chapter explains in a simple language the various aspects of competitive procurement, including procurement under both location neutral and location specific procurement queries. It also describes in brief the experiences so far on competitive procurement and analyses the emerging issues and suggests the way forward to institutionalize competitive procurement in the sector.
