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 2 Procurement methods Socio-economic policies Remedies and conflicts of interest

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Procurement methods –Choice of procurement methods Complexity (goods or services) Negotiations needed? Simple procurement Urgency

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Procurement methods Primacy of tendering –Toolbox approach –Conditions for use for other methods Overlap Always identify best method?

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Socio economic criteria –Domestic procurement –Margins of preference –Green procurement –Qualification requirements –Evaluation criteria –Transparency

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Simplification/standardization –Chapter I: general rules (expanded) –Chapter II: Substantive rules on procurement methods (choice, open/direct solicitation) –Chapters III-V – tendering, non-negotiated and negotiated procurement –Chapter VI – ERAs –Chapter VII – Frameworks –Chapter VIII - Review

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law New UNCITRAL RfP with dialogue – UNCITRAL provisions – article 43 –When? Complex procurement Where not feasible for procuring entity to draft “description” When dialogue with market necessary To assist procuring entity define its needs Risks?

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Remedies and enforcement –1994 provisions not robust –Many exceptions Now –Optional peer review –No exceptions –Requirement for independent administrative review body –Supported by “standstill” provisions

UNCITRAL United Nations Commission on International Trade Law Sixth Public Procurement Forum Reforms to the UNCITRAL Model Law Conflicts of interest –Added during review –UNCAC requires procurement “system” to address declarations, screening, etc –Debate in Working Group: in Model Law or elsewhere?

UNCITRAL United Nations Commission on International Trade Law Public Procurement: Global Revolution IV Reforms to the UNCITRAL Model Law When will the review finish? –2010 (?) –Expanded Guide –Defence procurement THANK YOU