I have uploaded two new, short working papers on procurement and COVID-19 on SSRN. Comments most welcome: a.sanchez-graells@bristol.ac.uk.
Procurement and Commissioning during COVID-19: Reflections and (Early) Lessons (October 8, 2020). Northern Ireland Legal Quarterly, forthcoming. Available at SSRN: https://ssrn.com/abstract=3709746.
Abstract: This piece reflects on some common themes that are starting to emerge in the early analysis of the healthcare procurement and commissioning response to the COVID-19 pandemic. Although it largely results from the observation of the situation in the English NHS, the most salient issues are common to procurement in other EU healthcare systems, as well as more broadly across areas of the public sector that have strongly relied on the extremely urgent procurement exception in the aftermath of the first wave of the pandemic. Given the disfunction and abuse of ‘unregulated procurement’ in the context of COVID-19, the piece reflects on the longer term need for suitable procurement rules to face impending challenges, such as Brexit and, more importantly, climate change.COVID-19 PPE Extremely Urgent Procurement in England. A Cautionary Tale for an Overheating Public Governance (October 14, 2020). To be published in D Cowan and Ann Mumford (eds), Pandemic Legalities (Bristol University Press, forthcoming). Available at SSRN: https://ssrn.com/abstract=3711526.
Abstract: In this short paper, I reflect on the case study of the procurement of personal protective equipment (PPE) for the English NHS during the first wave of the COVID-19 pandemic. I put forward two main claims. My first claim is that the UK Government not only was particularly ill-positioned to deal with the pandemic as a result of years of austerity and the institutional unsettling resulting from the continuous reform of the NHS, its internal market and its supply chain—but also due to the imminence of Brexit and its political ramifications. My second contribution is that, in its desperate reaction to the PPE fiasco, the UK Government misused and abused the disapplication of the standard procurement rules on the basis of the ‘extremely urgent need’ exemption. This resulted in the opaque award of large numbers of high value contracts to companies that would not survive basic screening under normal conditions. Overall, my goal is to lay bare the more general problems in the UK Government’s approach to the governance of public procurement and its increasing insularity as a result of Brexit, with the hope that this will show a path for change that could avert even more significant fiascos in the face of the massive challenges that climate change will bring.