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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Procuring Successful Mega-Projects: How to Establish Major Government Contracts Without Ending Up in Court

ISBN13: 9781472455086
Published: July 2015
Publisher: Gower Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £80.00

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Mega-projects descending into chaos and litigation embarrass governments all over the world, as the public sector presides over fiascos that waste billions and destroy reputations.

Inquiry after Inquiry finds the damaging and costly failures of major government projects can be traced back to the contract establishment process.

Procuring Successful Mega-Projects, a mentor's guide for project directors, provides frank, fearless, practical advice on how to set up a major government contract that won't end up in court. It's all there:

  • How to develop and negotiate a contract that doesn't contain undeliverable obligations or perverse incentives but does contain the necessary provisions for successful project management.
  • How to navigate the pitfalls of the public sector environment, from hiring freezes and governance frameworks to the complexities of managing the relationship with the Minister.
  • How to select and manage the lawyers and other advisers, build the adviser-client relationship and recognise that unwelcome advice may not be unhelpful.
  • How to structure and follow a bullet-proof procurement process that is fair to bidders and delivers great outcomes.
Procuring Successful Mega-Projects is essential reading, not just for the project director, but for everyone with a stake in the success of a mega-project: public sector executives; Ministers; private sector tenderers; infrastructure lenders; legal, financial and technical professional service providers; and procurement and project management professionals.

Public Procurement

Part I Introduction: Introduction
Ending up in court.

Part II The Contract: The project
The specification
Risk management
Performance incentives

Part III The People: The minister
The agency
The lawyers
Other advisers

Part IV The Procurement Process: Establishing a fair process
Putting out the call
Evaluating the tenders
Negotiating the contract
Bullet-proofing the selection decision.

Part V Finishing in Style: Handover to contract management
A final word. Appendix