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Public Procurement

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Public Procurement

9781840640960 Edward Elgar Publishing
Edited by Sue Arrowsmith, Professor of Law and Director, Public Procurement Research Group, University of Nottingham, UK and Keith Hartley, Emeritus Professor, Economics Department, University of York, UK
Publication Date: 2002 ISBN: 978 1 84064 096 0 Extent: 1,416 pp
Public procurement is big business. International organisations and governments at national, regional, state and city levels are major buyers of goods and services. However, public procurement is a relatively under-researched and new discipline, which, uniquely, brings together contributions from the fields of economics and law.

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Critical Acclaim
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Public procurement is big business. International organisations and governments at national, regional, state and city levels are major buyers of goods and services. However, public procurement is a relatively under-researched and new discipline, which, uniquely, brings together contributions from the fields of economics and law.

This two-volume set presents some of the major contributions in the field. It includes papers on outsourcing versus internal provision; public procurement and the role of competition and transparency; corruption; public procurement as a tool of industrial, social and environmental policy; public procurement as a trade barrier and its regulation under international trade agreements; and enforcing public procurement rules.
Critical Acclaim
‘The editors have produced an excellent contribution to the academic literature of public procurement.’
– Christopher Bovis, Common Market Law Review

‘The collection opens with a good summary of both parts and gives a useful overview of the main themes of the collection, which enables the reader to dip in and out effectively.’
– Rosemary Boyle, The Cambridge Law Journal

‘For the student needing to become ridiculously well-read in the subject this is likely to be a useful source of secondary research.’
– Andy Davies, Supply Management
Contributors
52 articles, dating from 1961 to 2000
Contributors include: A. Cox, S. Domberger, J.M. Fernandez Martin, P. Geroski, W.E. Kovacic, D. Parker, A. Reich, W.P. Rogerson, S.L. Schooner, F. Trionfetti, W. Vickrey
Contents
Contents:
Volume I
Acknowledgements
Introduction Sue Arrowsmith and Keith Hartley
PART I OUTSOURCING VERSUS INTERNAL PROVISION
1. Oliver E. Williamson (1979), ‘Transaction-Cost Economics: The Governance of Contractual Relations’
2. Simon Domberger and Stephen Rimmer (1994), ‘Competitive Tendering and Contracting in the Public Sector: A Survey’
3. George A. Boyne (1998), ‘Competitive Tendering in Local Government: A Review of Theory and Evidence’
4. Robin Milne and Magnus McGee (1992), ‘Compulsory Competitive Tendering in the NHS: A New Look at Some Old Estimates’
5. Stefan Szymanski and Sean Wilkins (1993), ‘Cheap Rubbish? Competitive Tendering and Contracting Out in Refuse Collection – 1981–88’
PART II THE APPROACH TO PROCUREMENT IN THE PUBLIC SECTOR: COMPETITION AND TRANSPARENCY
6. William Vickrey (1961), ‘Counterspeculation, Auctions, and Competitive Sealed Tenders’
7. Oliver E. Williamson (1976), ‘Franchise Bidding for Natural Monopolies – in General and with Respect to CATV’
8. Robert R. Hunja (1998), ‘The UNCITRAL Model Law on Procurement of Goods, Construction and Services and its Impact on Procurement Reform’
9. Jean Heilman Grier (1998), ‘An Overview of the Japanese Government Procurement System’
10. David Parker and Keith Hartley (1997), ‘The Economics of Partnership Sourcing versus Adversarial Competition: A Critique’
11. Steven L. Schooner and Neil S. Whiteman (2000), ‘Purchase Cards and Micro-Purchases: Sacrificing Traditional United States Procurement Policies at the Altar of Efficiency’
PART III CORRUPTION
12. Frederick Stapenhurst and Petter Langseth (1997), ‘The Role of the Public Administration in Fighting Corruption’
13. Frank Anechiarico and James B. Jacobs (1995), ‘Purging Corruption from Public Contracting: The "Solutions" Are Now Part of the Problem’
14. William E. Kovacic (1998), ‘The Civil False Claims Act as a Deterrent to Participation in Government Procurement Markets’
15. Rex J. Zedalis (1997), ‘Internationalizing Prohibitions on Foreign Corrupt Practices: The OAS Convention and the OECD Revised Recommendation’
PART IV PUBLIC PROCUREMENT AS A TOOL OF INDUSTRIAL, SOCIAL AND ENVIRONMENTAL POLICY
16. P.A. Geroski (1990), ‘Procurement Policy as a Tool of Industrial Policy’
17. P.E. Morris (1990), ‘Legal Regulation of Contract Compliance: An Anglo-American Comparison’
18. Ron Watermeyer (2000), ‘The Use of Targeted Procurement as an Instrument of Poverty Alleviation and Job Creation in Infrastructure Projects’
19. Sue Arrowsmith (1995), ‘Public Procurement as an Instrument of Policy and the Impact of Market Liberalisation’
20. José Maria Fernández Martin and Oliver Stehmann (1991), ‘Product Market Integration versus Regional Cohesion in the Community’
21. Christopher McCrudden (1999), ‘International Economic Law and the Pursuit of Human Rights: A Framework for Discussion of the Legality of "Selective Purchasing" Laws Under the WTO Government Procurement Agreement’
Name Index

Volume II
Acknowledgements
An introduction by the editors to both volumes appears in Volume I
PART 1 PUBLIC PROCUREMENT AS A BARRIER TO TRADE AND ITS REGULATION UNDER INTERNATIONAL TRADE AGREEMENTS
1. Federico Trionfetti (2000), ‘Discriminatory Public Procurement and International Trade’
2. Andrew Cox (1992), ‘Implementing 1992 Public Procurement Policy: Public and Private Obstacles to the Creation of the Single European Market’
3. Aaditya Mattoo (1996), ‘The Government Procurement Agreement: Implications of Economic Theory’
4. Arie Reich (1997), ‘The New GATT Agreement on Government Procurement: The Pitfalls of Plurilateralism and Strict Reciprocity’
5. Harvey Gordon, Shane Rimmer and Sue Arrowsmith (1998), ‘The Economic Impact of the European Union Regime on Public Procurement: Lessons for the WTO’
6. Stephen Martin and Keith Hartley (1997), ‘Public Procurement in the European Union: Issues and Policies’
7. N. Bohan and D. Redonnet (1997), ‘E.U. Procurement Legislation: Does the Emperor Have Clothes? An Examination of the New Empirical Evidence’
8. Sue Arrowsmith (1998), ‘Towards a Multilateral Agreement on Transparency in Government Procurement’
PART II ENFORCING PUBLIC PROCUREMENT RULES
9. Robert C. Marshall, Michael J. Meurer and Jean-François Richard (1994), ‘Curbing Agency Problems in the Procurement Process by Protest Oversight’
10. William E. Kovacic (1995), ‘Procurement Reform and the Choice of Forum in Bid Protest Disputes’
11. Sue Arrowsmith (1996), ‘Public Procurement: Example of a Developed Field of National Remedies Established by Community Law’
12. José M. Fernández Martin (1993), ‘The European Commission’s Centralised Enforcement of Public Procurement Rules: A Critical View’
13. Mary Footer (1995), ‘Remedies Under the New GATT Agreement on Government Procurement’
PART III DEFENCE PROCUREMENT
14. William B. Burnett and William E. Kovacic (1989), ‘Reform of United States Weapons Acquisition Policy: Competition, Teaming Agreements, and Dual-Sourcing’
15. Keith J. Crocker and Kenneth J. Reynolds (1993), ‘The Efficiency of Incomplete Contracts: An Empirical Analysis of Air Force Engine Procurement’
16. P.G. Pugh (1993), ‘The Procurement Nexus’
17. William P. Rogerson (1994), ‘Economic Incentives and the Defense Procurement Process’
18. Martin Trybus (1996), ‘An Overview of Defence Procurement in the Federal Republic of Germany’
19. Keith Hartley (1998), ‘Defence Procurement in the UK’
20. Edward G. Keating (1999), ‘Government Contracting Options: A Model and Application’
PART IV CONTRACTING
21. William E. Kovacic (1991), ‘Commitment in Regulation: Defense Contracting and Extensions to Price Caps’
22. W.A. Peeters (1993), ‘Incentives in Government Procurement Contracts’
23. Stephen Kahn (1993), ‘Advanced Technology Projects and International Procurement: The Case of the European Space Agency’
PART V DEFENCE INDUSTRY PROFITS
24. Review Board for Government Contracts (1974), Report on the General Review of the Profit Formula for Non-Competitive Government Contracts
25. Willis R. Greer, Jr. and Shu S. Liao (1986), ‘An Analysis of Risk and Return in the Defense Market: Its Impact on Weapon System Competition’
26. Steven W. Feldman (1988), ‘The Truth in Negotiations Act: A Primer’
27. Jeffrey A. Sorenson (1989), ‘Are Defense Industry Profits Excessive? A Capital Market Perspective’
28. Frank R. Lichtenberg (1992), ‘A Perspective on Accounting for Defense Contracts’
PART VI LIBERALIZATION OF DEFENCE MARKETS IN EUROPE
29. Andrew Cox (1994), ‘The Future of European Defence Policy: The Case for a Centralised Procurement Agency’
30. Martin Trybus (1998), ‘European Defence Procurement: Towards a Comprehensive Approach’
31. Stephen Martin, Keith Hartley and Andrew Cox (1999), ‘Defence Procurement of Dual-Use Goods: Is There a Single Market in the European Union?’
Name Index
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