PowerPoint Template - uncitral

UNCITRAL Regional Workshop in Asia
24 November 2010
Seungwoo Son
Dankook University College of Law

Reform of UNCITRAL Model Law
on Public Procurement
• Update the 1994 Model Law on
Procurement of Goods, Construction and
Services
– Programme started in 2004
– Reflect new practices : e-procurement,
framework agreements
– Apply experience in Model Law implementation
and use
– New EC Directives, revised GPA, and
sustainable procurement

Reform of UNCITRAL Model Law
on Public Procurement
• Main parameter of reform : do not
change fundamental principles
– Economy and efficiency
– Transparency and Integrity(UNCAC)
– Competition
– Fair and equitable treatment
• Aim to complete in 2011
– Continue to work on revision of the Guide

Reform Topics 1
• E-procurement
– E-publication
– E-communications
– E-tendering
– Electronic Reverse Auctions
• Framework agreements
– Three types
– “Closed” or “open” agreements
– First and second stage competition

Reform Topics 2
• Defence procurement
• Suppliers’ lists
• Services procurement
• Regulation vs. performance
• Evaluation vs. socio-economic policies
• Community participation
• Standstill period and Remedies
• Conflicts of interest

Methods of Procurement and Conditions for Use
• Toolbox approach : 11 methods
• Primacy of open tendering
• Other methods require justification
– Specific conditions for use set in the law
– Seek to maximize competition

Choice of Procurement Methods
Choice based on
• Complexity or specialized nature
• Negotiations
• Feasibility of detailed description
• Simple procurement
• Degree of urgency or repeatability
Fundamental requirements
• Sustainable procurement, Transparency ...
• Other policies of government (green procurement,
Promoting small-meddle size business, etc.)

KONEPS is a single window to procurement
for 39,000 public organizations and
150,000 private suppliers

KONEPS is internationally acknowledged as
‘Best Practice Model’
Model Law Reform will still influence
Korean procurement laws to promote best
practices
– Electronic Reverse Auctions
– Request for proposals with dialogue
– Conditions and procedures for various
procurement methods
– Mechanism for Standstill period
– Extensive application of Framework
Agreement

Seungwoo Son
legalssw@yahoo.co.kr
Dankook University Law School