GW Law Faculty Publications & Other Works

Document Type

Chapter

Publication Date

2022

Status

Forthcoming

Abstract

The current version of the Model Law on Public Procurement was approved by the United Nations Commission on International Trade Law (UNCITRAL) in 2011, after a drafting process which spanned nearly a decade. This version of the Model Law reflects best practices which were emerging in procurement systems across the world during the first decade of this century. There have been calls for an update of the Model Law, and this draft chapter, after reviewing the history of the Model Law and the reforms which led to the current version, discusses various reforms which might be made to the text and accompanying guidance, based on newly emerging best practices. Those possible next steps include reforms to address environmental sustainability (sometimes known as ‘green procurement’), expanding the Model Law to address issues of contract administration, updated provisions on exclusion and debarment of corrupt and incompetent contractors, and pivoting to embrace ‘open contracting’, which treats public procurement data as presumptively publicly accessible. Should the Commission take up reform of the Model Law or decide to update the accompanying guidance, these measures could bring significant advances in reducing global warming, fighting corruption, enhancing transparency and improving outcomes in public contracting.

GW Paper Series

2022-69

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