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Public Procurement Regulation in (a) Crisis?
This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of v...
Tale of Three Regulatory Regimes -- Dynamic, Distracted and Dysfunctional
It was the best of times, it was the worst of times -- a year marked by genuine progress in public procurement law in some nations, and partial paralysis in others. This article presents the experience of Sweden (as part of the European Union), the United Kingdom (which is slated soon to depart from the EU, via “Brexit”), and the United States (in the first year of the Trump administration). While Sweden and other members of the European Union continue to develop a vital and evolving body of public procurement law, the United Kingdom has been distracted by Brexit, and the United States made, in 2017, almost no regulatory progress at all -- though stasis itself yielded some interesting insights. This piece proceeds in three parts, prepared primarily by Andrea Sundstrand (Part II, on Sweden and the European Union), Michael Bowsher (Part III, on the United Kingdom) and Christopher Yukins (Introduction, Part IV on the United States, and Conclusion).
International Procurement Developments in 2022
This piece reviews the past year's developments in international public procurement in several parts, including: (I) the United Kingdom's first steps in developing a post-Brexit procurement law (in a part prepared by Michael Bowsher KC, visiting professor at King's College, London and a barrister at Monckton Chambers); (II) potentially protectionist measures by the European Union (by Pascal Friton, partner at the BLOMSTEIN law firm in Berlin) through the International Procurement Instrument (IPI), the Foreign Subsidies Regulation (FSR), application of the General Data Protection Regulation (GDPR), and measures being taken in response to Russia's invasion of Ukraine, such as trade sanctions a...
Joint Public Procurement and Innovation
Innovation in public procurement is essential for sustainable and inclusive growth in an increasingly globalized economy. To achieve that potential, both the promises and the perils of innovation must be investigated, including the risks and opportunities of joint procurement across borders in the European Union and the United States. This in-depth research investigates innovation in public procurement from three different perspectives. First, leading academics and practitioners assess the purchase of innovation, with a particular focus on urban public contracting in smart cities involving meta-infrastructures, public-private partnership arrangements and smart contracts. A second line of inq...
Public Procurement in (a) Crisis
"This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ...
Feature Comment
In response to recommendations and developments in the U.S. procurement community, the U.S. Government is expected soon to issue revised standards for contractor compliance systems. Those standards will likely require more contractors - including contractors working abroad, and perhaps commercial-item contractors - to establish more comprehensive compliance systems to ensure their adherence to the many laws and rules that govern federal procurement. In this brief essay, Christopher Yukins reviews the history of contractor compliance systems, assesses the likely elements of the revised standards, and suggests ways to weigh some of the costs and benefits of new compliance requirements.
Formation of Government Contracts
The complex process of solicitation, bidding and award of government contracts can challenge even the most seasoned of contractors and government officials. Navigate the maze of requirements, statutes, regulations and case law with confidence, with this authoritative treatise. - This book has reached that rare status of a classic --devoted exclusively to formation of government contracts. To say it is full of case, statute, and regulatory cites would be an understatement. - Formation of Government Contracts, from The George Washington University Law School Government Contracts Program and CCH, cuts through confusing jargon and government "legalese" to deliver a practical guide to forming a sound government contract
International Procurement Developments in 2015
The year 2015 saw major structural changes to international procurement rules -- including (1) a proposed Trans-Pacific Partnership (TPP) trade agreement which will impact procurement, and important shifts in Canada's laws regarding contractor debarment and exclusion (discussed here by Brenda Swick), (2) European procurement laws which favor open, multilateral negotiations (Hans-Joachim Priess), and (2) new, more liberal procurement policies at the World Bank (Christopher Yukins) -- all of which are likely to help open procurement markets around the world. This article, prepared for presentation at the February 2016 Thomson-Reuters Year in Review conference in Washington, D.C., surveys these developments and discusses their future implications.
Public Contracting and Innovation. Lessons Across Borders
The promises and perils of innovation in cross-border joint procurement.
