This webiner will be of interest to government officials and other stakeholders interested in reforming and implementing framework agreements in their legal systems. We should point out that we have not yet read all the pages of the book. But based on a few hours spent reading sections and site requests, it seems that a great positive of the book is its balanced vision. The authors acknowledge what is positive, but do not hesitate to point out the drawbacks and risks – for example: „There may be fierce competition to be included in the framework agreement, but after that, competitive impulses can disappear completely.“ Gian Luigi Albano, Head of Department at La Consip Spa, National Central Purchasing Body (Italy) and Caroline Nicholas, Director of Technical Assistance at UNCITRAL, have written a book entitled „Law and Profitability of the Framework Agreement. Designing Flexible Solutions for Public Procurement,“ published by Cambridge University Press in 2016. In this informative book, they examine the key decisions needed to design and use framework agreements and address both legal and economic issues, in order to provide a clear understanding of the planning, variables and flexibility needed for effective implementation. Prior to becoming Director of the Legal Transition Program, which is the EBRD`s initiative to help its operating countries improve their legal framework for businesses, Michel worked for nearly three years as a consultant in the banking sector. He was responsible for the legal aspects of various investments of the Bank, in particular on the financing of SMEs. Michel has practiced as a commercial lawyer in Geneva, Moscow and London.
During his private practice, Michel worked as a Swiss correspondent for various legal publications and also published a series of articles on Swiss and Russian legal issues. Michel, who is Swiss, received his master`s degree in law from the University of California, Berkeley, and was also a visiting scholar at Moscow State University. In this regard, LTP has translated this book into a Russian language, as it will be of interest to policy makers, lawyers and public procurement practitioners in CIS countries who wish to deepen their understanding of legal and economic issues related to framework agreements. The electronic copy of the Russian version of the book „Law and cost-effectiveness of framework agreements. The application of framework agreements can reduce costs, improve efficiency and make the procurement process more transparent. However, the risks of poor implementation are high and can compromise cost-effectiveness, increase waste and abuse the process and make it pernicious. Another strength of the work is that the emphasis here is on the international level from a perspective and to the many facets. Of course, these are „purchase issues,“ but it is also strong in terms of law and, unusual for a buying book, it really looks at profitability around the subject, both from the point of view of the adjudicator power and from the supplier`s point of view. For example, „some suppliers may lease their offers at a level they hope to include in the framework agreement, but which will provide relatively few profitable contracts.“ Framework agreements have been reached in response to the well-documented and high costs of awarding procedures. Agreements have considerable potential to improve the effectiveness of procurement procedures, but they are complex to implement.
Inadequate preparation and implementation can also thwart their potential to combat waste, abuse and corruption and improve the cost-effectiveness system. In this informative book, Gian Luigi Albano and Caroline Nicholas examine the key decisions needed to design and use framework agreements and address both legal and economic issues, in order to give the reader a clear understanding of the planning, variables and flexibility needed for effective implementation.