Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment Measures

Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment Measures

by Sope Williams-Elegbe

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Product Details

ISBN-13: 9781782250159
Publisher: Bloomsbury USA
Publication date: 11/06/2012
Series: Studies in International Law
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 356
File size: 498 KB

About the Author

Sope Williams-Elegbe is a Research Fellow at Stellenbosch University, South Africa, a public procurement consultant and former lecturer at University of Nottingham.
Sope Williams-Elegbe is Associate Professor at Stellenbosch University, South Africa, a public procurement consultant and former lecturer at University of Nottingham.

Table of Contents

1: Introduction
2: Corruption, Anti-Corruption Measures and Disqualification
2.1 Introduction
2.2 The Meaning, Nature and Effects of Corruption
2.3 Anti-Corruption Measures
2.4 Public Procurement And Corruption
2.5 The Use of Disqualifications in Public Procurement
3: An Overview of Procurement Regulation, Anti-Corruption and Disqualification Policy in the Jurisdictions
3.1 Introduction
3.2 The European Union
3.3 The United Kingdom
3.4 The United States
3.5 The World Bank
3.6 South Africa
4: The Offences and the Requirement for a Conviction for Disqualification
4.1 Introduction
4.2 The European Union
4.3. The United Kingdom
4.4 The United States
4.5 The World Bank
4.6 South Africa
4.7 Summary and Analysis of Main Issues
5: Procedural Issues Affecting Disqualification
5.1 Introduction
5.2 Procedure for Disqualifying
5.3 Time Limits for Disqualification
5.4 Summary and Analysis of Main Issues
6: Disqualifying Entities and the Scope of Disqualification
6.1 Introduction
6.2 Disqualifying Entities
6.3 The Scope of Disqualification
6.4 Summary and Analysis of Main Issues
7: Investigations
7.1 Introduction
7.2 The Existence of a Requirement or Obligation to Investigate
7.3 The Entity with the Power to Investigate and the Extent of the Entity's Powers
7.4 The Nature and Sources of Information and Evidence
7.5 Summary and Analysis of Main Issues
8: The Disqualification of Persons Related to a Corrupt Supplier
8.1 Introduction
8.2 Rationales for Disqualifying Related Persons
8.3 The Related Persons
8.4 Summary and Analysis of Main Issues
9: The Effect of Disqualification on Existing Contracts
9.1 Introduction
9.2 Rationales for Contractual Termination
9.3 Is There a Duty to Terminate Existing Contracts for Disqualification?
9.4 Problems with Contractual Termination
9.5 Summary and Analysis of Main Issues
10: Derogating from Disqualification
10.1 Introduction
10.2 Reasons for Derogating from Disqualification
10.3 Preventing Abuse in the Use of Derogations
10.4 Summary and Analysis of Main Issues
11: Remedies for Affected Suppliers
11.1 Introduction
11.2 The Availabilty of a Right of Review
11.3 The Kinds of Remedies Available
11.4 Summary and Analysis of Main Issues

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