Standardization of procurement: National or international?

The ISO has issued a Draft International Standard on construction procurement and the British Standards Institute is drafting a standard based upon this for use in the UK. Three questions arise from these observations. First, what kind of consultation processes would be adequate to ensure that such a standard meets the requirements of an industry as diverse as construction? Second, why would an international standard be inappropriate for use in a country like UK? Third, what sort of issues should such a standard seek to cover? There are strong precedents for process standards, such as quality assurance, design management and workmanship on building sites. So the idea of a standard on procurement is not unusual. Moreover, there are many differences in tendering and procurement practice that are wasteful and even collusive or illegal. These issues are explored with a view to offering insights and suggestions for guidance based on the experiences in UK. The research method is first-hand observation of the drafting committee who are dealing with the British Standard. As an example to test and inform the standardization concept, six different standard guidance documents on tendering procedures are compared. This reveals a significant degree of diversity, and based on this, nine stages for implementing a tendering procedure are derived.

The standardization of contracts for construction

Contracts are put to a wide variety of uses. Those who draft construction contracts in the UK rarely consider all of the potential uses and therefore may produce documents that are less than ideal. The various uses are considered in their theoretical background before turning to the practical difficulties often encountered in trying to fulfil such diverse aims. The question of standardisation is examined within this context. Existing standard forms of contract in the UK are found to do little to overcome these difficulties, and this encourages either a significant level of amendment to the standards or experienced clients to draft their own forms. The solution is an approach to contract drafting which is designed to offer a compromise; better standard forms, based on the lessons learned from the drafting of non-standard forms and a pooling of experience, including that of lawyers, in the drafting process. Although this paper is based upon the experience of the UK, these conclusions are relevant for contract-drafting practice in general.

NATO and the environment: the committee on the challenges of modern society

Launched with considerable fanfare in 1969, the Committee on the Challenges of Modern Society (CCMS) was supposed to bring new life to NATO by both re-energising public support and engaging with a variety of themes, issues and partners well beyond the alliance’s traditional scope. The first aim of this article is to go beyond the careful media operation that surrounded the launch of the CCMS and to examine the scepticism and resistance of some European partners, particularly the British. The second aim is to demonstrate that NATO started to think in terms of crisis management, disaster relief and environmental disasters well before 1989. The sheer military strength of the alliance and of its partners did remain central – and notably came back to the forefront in 1979 – but the alliance did start to see itself as a geopolitical player and to consider engagement beyond its strictly defined geographical area as early as 1969.