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Competition in British Overseas Territories’ Public Procurement journal article

Going for Gold or a Race to the Bottom?

Laura Panadès-Estruch

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 1, Page 13 - 23

British Overseas Territories are the newcomers to public procurement. Competition has been placed at the forefront of their frameworks. But is it competition in practice or just in name? This article argues that competition is a legal principle that does not translate into practice, though performance varies across countries. Results are structured on the basis of a five variable index comprising publicity of relevant legal sources, accessibility of open tenders, publication of contract awards, local preferences and ethics in Government. This is the first scholarly work that looks at BOTs public procurement as a group, focusing on Bermuda, the Cayman Islands and Turks and Caicos Islands. Keywords: Competition; Caribbean; Small Jurisdictions; Ethics; Local Preferences; Publicity; Transparency.


The Cayman Islands New Public Procurement Legal Framework journal article

Manuscript or First Draft?

Laura Panadès-Estruch

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 79 - 86

The Cayman Islands is better known as an offshore jurisdiction and a tourist destination. In contrast, this article explores commercial government policy through the lens of public procurement. May 2018 established a legal framework and the institutional set-up was finalised in December. In response, this timely assessment of current legal developments formulates recommendations to strengthen the position of the public sector in procurement. It argues that the government is at risk of breaching its own legal obligations in the new regulatory framework, despite making some progress towards modern standards of enhanced value for money, accountability and transparency. Three urgent issues are identified: fine-tuning the publicity regime; curtailing the scope of direct awards; and reinforcing ethics in government. The critical perspective of the article will interest academics, policy-makers and practitioners alike.



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