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Skip to content PUBLIC PROCUREMENT INTERNATIONAL A resource on public procurement practice, policy and law, from around the globe. Menu and widgets * Webinar: If the Supreme Court Discards Chevron Deference to Agencies, What Impact Will That Have on Government Procurement Law? * Webinar: Joint U.S.-EU Catalogue of Best Practices on Green Public Procurement * EU and U.S. “Green Procurement” Strategies: A Comparative Assessment for the March 2024 FIDES Workshop * Webinar – Proposed Rule To Reshape Federal Debarment * Interagency Suspension and Debarment Committee Releases December 2023 Report * National Defense Authorization Act for Fiscal Year 2024: Key Procurement Provisions — Study Guide * University of Paris Nanterre – Teaching – December 2023 * Bahrain — Training in Fighting Corruption in Public Procurement * Training for Moldovan Procurement Officials – New York City * Webinar — Procurement and Anti-Corruption Efforts: An Update from Brazil * GW Law Model Procurement Code Seminar – Students Present Reform Proposals * UNCITRAL Model Law on Public Procurement * American Bar Association (ABA) Model Procurement Code (MPC) – Materials * Report: Congressionally Commissioned Study on Bid Protests at the Defense Department * Book — Joint Public Procurement: Lessons Across Borders * Resources: COVID-19 and Public Procurement * GWU Law Government Procurement Program – Teaching Materials (firewall) Search for: Powered by Google Übersetzer GW LAW GOVERNMENT PROCUREMENT PROGRAM RECENT POSTS * Webinar: If the Supreme Court Discards Chevron Deference to Agencies, What Impact Will That Have on Government Procurement Law? * Webinar: Joint U.S.-EU Catalogue of Best Practices on Green Public Procurement – 13 May 2024 * Stockholm Public Procurement Conference 2024 – U.S./EU Convergence on Debarment and Beyond * ABA Bid Protest Committee Meeting – Agency Bid Protests * EU Defense Procurement and the European Court of Justice ARCHIVES Archives Select Month June 2024 April 2024 March 2024 February 2024 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 June 2023 May 2023 March 2023 February 2023 November 2022 October 2022 September 2022 August 2022 June 2022 April 2022 February 2022 January 2022 September 2021 July 2021 June 2021 April 2021 March 2021 January 2021 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 July 2018 June 2018 May 2018 October 2016 September 2016 July 2016 June 2016 CATEGORIES Categories Select Category Academics (42) Africa (4) Anti-Corruption (11) Australia (3) Austria (1) Belgium (1) Bid Remedies/Protests (7) Brazil (5) Canada (2) Careers (1) China (4) Conferences (17) Corporate Compliance (2) COVID-19 (15) cybersecurity (2) Debarment/Exclusion (11) defense (8) Disputes (1) Dominican Republic (1) E-procurement (8) Education (10) Emergency Procurement (11) European Union (42) Germany (1) Greece (1) International Trade (29) Italy (7) Mexico (2) Multilateral Development Banks (3) NASPO (1) Poland (3) Russian Federation (2) SME (2) Sustainability (7) Sweden (2) Switzerland (1) U.S. Government (42) Ukraine (1) Uncategorized (39) United Kingdom (13) United Nations (2) United States (30) WTO (2) SITE AUTHOR Christopher Yukins – Information WEBINAR: IF THE SUPREME COURT DISCARDS CHEVRON DEFERENCE TO AGENCIES, WHAT IMPACT WILL THAT HAVE ON GOVERNMENT PROCUREMENT LAW? Click for Free registration -------------------------------------------------------------------------------- click for program information Posted on June 24, 2024June 24, 2024Categories Academics, United States WEBINAR: JOINT U.S.-EU CATALOGUE OF BEST PRACTICES ON GREEN PUBLIC PROCUREMENT – 13 MAY 2024 Click for program information Posted on April 30, 2024April 30, 2024Categories Academics, European Union, Sustainability STOCKHOLM PUBLIC PROCUREMENT CONFERENCE 2024 – U.S./EU CONVERGENCE ON DEBARMENT AND BEYOND Stockholm City Hall photo: Julian Herzog Andrea Sundstrand David Drabkin, Daniel Schoeni and Christopher Yukins spoke at the “Upphandlings-Konferensen” (“Public Procurement Conference”) held in Stockholm on April 25-26, 2024. The conference was very kindly hosted by Professor Andrea Sundstrand of Stockholm University. David Drabkin Dave Drabkin and Chris Yukins’ presentation, drawing on their report on debarment for the Acquisition Innovation Research Center, addressed convergence of the contractor exclusion/debarment systems in the United States and the European Union. A recent decision by the Court of Justice for the European Union, Infraestruturas de Portugal SA, explained that the EU Public Procurement Directive should be read to mean that procuring agencies in the EU have clear first authority to handle vendor exclusions and to assess vendors’ misconduct and remedial measures — from the U.S. perspective, a critical step in building effective risk-based debarment regimes in Europe to allow agencies to manage supply chain risk. (For background on the Infraestruturas decision, see Adrian Brown‘s recent piece in the Public Procurement Law Review and Albert Sanchez-Graell’s insightful analysis.) Daniel Schoeni Daniel Schoeni’s presentation — which was very well-received by the assembly of Swedish procurement attorneys — reviewed the parallels between the EU and the U.S. systems. Drawing on his PhD thesis at the University of Nottingham, Dan Schoeni explained that while the legal frameworks in the U.S. and the EU are remarkably similar, their foundations and implementations vary widely because of their different histories, politics and perspectives. -------------------------------------------------------------------------------- Posted on April 27, 2024May 12, 2024Categories Academics, Anti-Corruption, Conferences, Debarment/Exclusion, European Union, United States ABA BID PROTEST COMMITTEE MEETING – AGENCY BID PROTESTS Tuesday, March 19, 2024 | 12:00 pm – 1:30 pm ET Venue: Miles & Stockbridge, P.C., 1201 Pennsylvania Avenue, N.W., 9th Floor, Washington, DC 20004 This is a hybrid in-person/remote event. Register here for In-Person or Zoom Attendance Please join the American Bar Association (ABA) Section of Public Contract Law’s Bid Protest Committee for our March 2024 meeting on “Agency-Level Protests.” Topics include: * Executive Order 12979 and the history of agency-level protests; * Factors to consider when deciding whether to bring an agency-level protest; * Jurisdictional and standing issues affecting agency-level protests; * Where and when to file an agency-level protest; * What happens to the contract award while an agency-level protest is pending; * What, if anything, the protester is provided in terms of an administrative record; and * How agency-level protests are decided and reported. We hope that you can join us for this highly informative presentation. Lunch will be provided for those who RSVP for in-person attendance. Government personnel will have the option to pay $10 for lunch. Panelists: * Christopher Yukins, Lynn David Research Professor in Government Procurement Law, GW Law (author, ACUS report on proposed agency-level protest reforms, and AIRC congressionally mandated report on DoD bid protests) * Scott Flesch, Member, Miller & Chevalier Chartered * Lt. Col. Bruce Mayeaux, U.S. Army, Deputy Chief Contract & Fiscal Actions Division * Rachel Park, Integrity Officer, Office of the U.S. General Services Administration Suspension & Debarment Official and Agency Protest Official Posted on March 6, 2024March 16, 2024Categories Bid Remedies/Protests, U.S. Government EU DEFENSE PROCUREMENT AND THE EUROPEAN COURT OF JUSTICE Professor Andrea Sundstrand – Stockholm University Please feel free to join this interesting presentation on EU defense procurement and the decisions of the European Court of Justice. Professor Sundstrand of Stockholm University will discuss her article on the intersection of Member State autonomy over defense matters and the European Union’s authority to direct procurement rules. Wednesday, 14 February 2024 – 3 pm – GW Law School, 2000 H Street NW, Washington DC – Stockton 306 For further information: cyukins@law.gwu.edu Presentation slides Posted on February 11, 2024February 11, 2024Categories defense, European Union WEBINAR ON RESHAPING THE FEDERAL DEBARMENT SYSTEM CLICK HERE FOR PROGRAM INFORMATION Posted on January 30, 2024January 30, 2024Categories Debarment/Exclusion, U.S. Government COP 28 UAE: ROUNDTABLE ON ENVIRONMENTALLY SUSTAINABLE PUBLIC PROCUREMENT On December 5, 2023 GW Law’s Christopher Yukins participated in a roundtable of distinguished experts at the COP 28 conference moderated by GW Law alumna Jellie Molino on legal advances in environmentally sustainable public procurement. Co-hosted by the Middlesex University Dubai, University of Dubai and the University of Cambridge, the Climate Law and Governance Day (CLGD) 2023 global symposium (full program) took place both in-person at Middlesex University Dubai and online during the United Nations Framework Convention on Climate Change (UNFCCC) COP 28 in Dubai, UAE. Co-hosts of the roundtable were UNEP, CMS — International Law Firm and George Washington University Law School. Roundtable: Exploring Low Carbon and Energy Efficient Procurement as a Tool for Paris Agreement Implementation (Montreal Room) — Zoom Link – December 5, 2023, 14:35 Gulf Standard Time (GST) (UTC+4:00) – 5:35 am Eastern US The panel addressed the following questions: * How can the government purchasing power of 14% of GDP in high-income countries and 30% of GDP in developing countries accelerate the demand strategy for a more climate-friendly procurement system? * How can a systematic framework be aimed at the integration of low-carbon criteria in all stages of public procurement so as to enable procurement officials to overcome the challenges of setting and reaching net-zero goals? * How can emerging economies leverage their large purchasing power in promoting a more sustainable and inclusive growth through the adoption of sustainable public procurement policies? Roundtable panelists joined from around the world: * Chairs: Hon Marc Steiner (Judge, Swiss Federal Administrative Court, online) & Adv Munir Hassan (Partner, Head of Energy & Climate Change, CMS) * Moderator: Dr Jellie Molino (Former Expert Consultant, UNEP) * Ms Anne-Claire Howard (Director, Procurement Group, UNOPS) * Mr Mohammed Shoheler Rahman Chowdhury (Director, Central Procurement Technical Unit, Ministry of Planning, Bangladesh, online) * Ms Marieke Weerdesteijn (Programme Manager, Circular and Fair ICT Pact, online) * Mr Johan Rodenhuis (Strategic Sustainability Advisor IT, Ministry of Economic Affairs and Climate Policy, Netherlands, online) * Mr B. Dabeesing (Member, Procurement Policy Office, Ministry of Finance, Economic Planning and Development, Mauritius, online) * Prof Christopher Yukins (Prof, Government Procurement Law Program, GWU Law School, Washington DC, online) * Dr Döne Yalçın (Managing Partner & Member of ESG and Sustainability Leadership, CMS) In his roundtable presentation, Professor Yukins addressed the U.S. federal government’s initiatives in environmentally sustainable public procurement. Federal government procurement policy can have a direct impact on over 8% of the U.S. GDP, through federal procurement (roughly US$700 million per year) and federal grants (US$1.2 trillion). The U.S. government has joined the Net Zero Government Initiative, and the Biden administration has advanced the following actions to further that initiative: * Requiring major Federal suppliers to publicly disclose emissions and set reduction targets. This initiative would center on contractor qualification (known as “responsibility” in U.S. procurement.) Under a proposed rule published in November 2022, to be considered qualified (“responsible”), major federal contractors (those with over US$50 million in annual federal obligations) would be required to publicly report their annual corporate-level GHG emissions and set targets to reduce them. Major contractors would also be required to disclose climate risks and vulnerabilities that may affect their future economic stability or their ability to deliver goods and services that are critical to Federal agency missions (see summary table below). * Launching a Buy Clean initiative for low-carbon materials. This initiative promotes purchase of low-carbon materials in the construction industry. In February 2022, the Biden Administration launched its Federal Buy Clean Initiative and Task Force that will “promote use of construction materials with lower embodied emissions and pollutants across their lifecycle.” * Changing Federal procurement rules to minimize the risk of climate change, including factoring in the social cost of greenhouse gas (SC-GHG) in procurement decisions. This initiative seeks to require agencies to consider lifecycle costs of sustainable alternatives. Under Federal Acquisition Regulation (FAR) Part 7, federal agencies must already consider the life-cycle cost of alternatives in procurement decisions. In 2021, President Biden issued Executive Order 14030, which directed regulators to amend the FAR to “ensure that major Federal agency procurements minimize the risk of climate change, including requiring the social cost of greenhouse gas emissions to be considered in procurement decisions and, where appropriate and feasible, give preference to bids and proposals from suppliers with a lower social cost of greenhouse gas emissions.” The Biden administration says that it “aims to strengthen lifecycle cost approaches to include the SC-GHG—the incremental future economic damages caused by each ton of carbon pollution—can be a valuable tool to guide agencies toward investments that are compatible with the low-carbon economy of the future.” In September 2023, the White House announced that it was directing federal regulators to incorporate SC-GHG estimates into a wide range of federal agency actions, including each agency’s procurement function. In October 2021, regulators had issued a request for comments on minimizing the risk of climate change in federal acquisitions, and a draft proposed rule (FAR Case 2021-016) is under review. * Maximizing the procurement of sustainable products and services. This initiative stresses the use of approved eco-labels to identify sustainable products for acquisition, and calls for purchase of those products whenever practicable. In September 2021, the Biden administration issued a proposed rule to update FAR Part 23 to “focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable.” Specifically, the proposed rule would call on agencies to purchase the products identified by the U.S. Environmental Protection Agency (EPA) under various eco-labels. Under the proposed revised FAR 23.103, agencies would be required to “procure sustainable products and services . . . to the maximum extent practicable.” Procuring sustainable products and services would be considered practicable unless the agency could not acquire products or services (i) competitively within a reasonable performance schedule; (ii) that meet reasonable performance requirements; or (iii) at a reasonable price. * Establishing the Net-Zero Emissions Procurement Federal Leaders Working Group, including a Buy Clean Task Force, to drive strategy and implementation. This initiative is part of the federal government’s overall strategy for reducing climate change. These federal officials would work within the Biden administration’s broader Federal Sustainability Plan Strategy Mix, which includes procurement as a core pillar of the Biden administration’s overall plan for meeting sustainability goals. Summary of Requirements Under Proposed Rule Requiring Federal Contractor Disclosure of GHG Emissions (Source) Posted on December 4, 2023December 5, 2023Categories Sustainability, United Nations US-EUROPEAN DEFENCE COOPERATION: IMPERATIVES IN A TIME OF WAR – BY CHRISTOPHER R. YUKINS & DANIEL E. SCHOENI Photo credit: Cogitato This was a contribution to a special edition of the University of Nottingham’s Public Procurement Law Review on defense procurement in light of the war in Ukraine. What follows is the abstract, including the British spelling: Rather than summarising the US national procurement regime for defence—the approach taken by many valuable contributions to this special edition, regarding other nations—this article defers to the existing literature and instead places the US practice of defence procurement law in a broader context, especially in light of Russia’s war against Ukraine. The US experience is that civilian and military purchasing are largely interchangeable, and that hard lessons learned from both quarters, such as in the procurement of supplies in a battle zone and the elimination of trade barriers, could be used to advance the cause of Ukraine and its democratic allies in the current war. The moral imperatives presented by the war in Ukraine are obvious, and this brief piece concludes that legal practitioners in our discipline, even if they are not specifically defence experts, can share a common skillset crucial to preserving democracy and rebuilding Ukraine, despite this terrible war. Yukins_Schoeni_2023_32_PPLR_Issue_6_Offprint-As-publishedDownload This article was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in the Public Procurement Law Review, 32 Pub. Proc. L. Rev. 445 (2023), and is reproduced by agreement with the publishers. For further details, please see the publishers’ website. The manuscript version of the article is available here on the Social Science Research Network (SSRN). Posted on November 27, 2023November 27, 2023Categories defense, European Union, U.S. Government, UkraineLeave a comment on US-European Defence Cooperation: Imperatives in a Time of War – by Christopher R. Yukins & Daniel E. Schoeni NASPO LAW INSTITUTE – FRAMEWORK AGREEMENTS – NEW ORLEANS Gian Luigi Albano Gian Luigi Albano of Italy’s centralized purchasing agency, CONSIP, joined Keith McCook (a senior procurement attorney in South Carolina government) and GW Law’s Christopher Yukins on November 10, 2023 to discuss the law-and-economics of framework agreements (which in the U.S. system are known as “indefinite-delivery/indefinite-quantity” contracts). They spoke at the 10th anniversary meeting of the National Association of State Procurement Officials (NASPO) Law Institute in New Orleans. The Law Institute is a regular gathering of chief procurement officers (CPOs) and state public procurement attorneys from around the United States. Program Slides Posted on November 10, 2023November 10, 2023Categories European Union, NASPO, U.S. Government, Uncategorized, United StatesLeave a comment on NASPO Law Institute – Framework Agreements – New Orleans INTERNATIONAL CONFERENCE ON PUBLIC PROCUREMENT AND INNOVATION IN AFRICA On November 14-15, 2023, GW Law’s Professor Christopher Yukins joined the International Conference on Public Procurement and Innovation in Africa (livestream available), coordinated by Professor Geo Quinot (Stellenbosch University) and held through the National Research Foundation in Pretoria, South Africa. A focus of the conference was South Africa’s pending legislation on public procurement. Chris Yukins spoke on the U.S. government’s use of procurement as an engine for innovation through the Small Business Innovation Research program, which is administered through a policy directive from the U.S. Small Business Administration (SBA). Each year, SBA notes, U.S. federal agencies with “research and development (R&D) budgets that exceed $100 million are required to allocate 3.2% . . . of this extramural R&D budget to fund small businesses through the SBIR program.” The U.S. SBIR program funds on average 4,000 projects for a total of roughly US$4 billion annually. The SBIR program, which has been extensively studied, was an inspiration for the European Union’s “Innovation Partnerships” strategy under the EU Procurement Directives, and for the United Kingdom’s Small Business Research Initiative (SBRI) (see 2017 study; 2022 study). Chris Yukins Presentation Slides The Pretoria conference is just one of several collaborations between GW Law and Stellenbosch University. GW Law’s Dean Jessica Tillipman is co-editing a book on anti-corruption with Stellenbosch’s Professor Sope Williams, and Allison Anthony, deputy director of the African Procurement Law Unit at Stellenbosch and senior lecturer at the University of South Africa, has joined GW Law as a visiting scholar and LLM candidate. Songezo Mabece, an experienced attorney and public servant whose c.v. includes stints at both Stellenbosch University and GW Law School, helped moderate the conference and continues his good work in South Africa; including as a radio broadcaster. Posted on October 25, 2023December 4, 2023Categories AfricaTags SBIR, South Africa, Stellenbosch POSTS NAVIGATION Page 1 Page 2 … Page 13 Next page Proudly powered by WordPress Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. 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