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An Introduction to U.S. Procurement Part I

An Introduction to U.S. Procurement Part I. KCL Diploma Program: Public Procurement Regulation in the EU and in its Global Context Professor Christopher Yukins George Washington University Law School Washington DC March 5, 2019. Readings.

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An Introduction to U.S. Procurement Part I

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  1. An Introduction to U.S. ProcurementPart I KCL Diploma Program: Public Procurement Regulation in the EU and in its Global Context Professor Christopher Yukins George Washington University Law School Washington DC March 5, 2019

  2. Readings • Steven L. Schooner, Desiderata: Objectives for a System of Government Contract Law (PPLR 2002), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=304620 • Christopher R. Yukins, A Versatile Prism: Assessing Procurement Law Through the Principal-Agent Model (PCLJ 2010), https://ssrn.com/abstract=1776295 • Christopher R. Yukins, The U.S. Federal Procurement System: An Introduction (UrT 2017), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3063559. • Johannes Schnitzer & Christopher Yukins, Combatting Corruption in Procurement, in UNOPS: Future-Proofing Procurement 26-29 (2015), https://www.unops.org/SiteCollectionDocuments/ASR/2015-ASR-supplement.pdf • Christopher R. Yukins, European Commission Proposes Expanding the European Defence Fund—A Major Potential Barrier to Transatlantic Defense Procurement,60 Gov. Contr. ¶ 196 (June 27, 2018), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3204844.

  3. George Washington UniversityLaw School Classroom and distance learning in public procurement law and policy, for students in law and business Government Procurement Law Program Established 1960

  4. King’s College London – GWU LawAnnual Symposium: March 18, 2019 On Debarment Photo credit: Ian Lee/Flickr

  5. Introduction to George Washington University Law School – Public Procurement Law Program (JD, LLM and MS/Government Contracts) Steven Schooner Joshua Schwartz Jessica Tillipman Karen Thornton

  6. Procurement Law Centers: 2000 Nottingham. Washington, D.C.

  7. Procurement Law Centers Today Stockholm Vilnius Nottingham. Copenhagen KCL Moscow Northern China Munich Bangor Paris Poland Beijing Washington, D.C. Aix-en-Provence Galicia Turin Rome Stellenbosch

  8. Principles: The Desiderata (Steven Schooner, 2002) • Transparency • Integrity • Competition • Uniformity • Risk Avoidance • Wealth Distribution -- Socioeconomic • Best value • Efficiency (administrative) • Customer Satisfaction

  9. Principal-Agent Model MONITORING Agent 2 Contractor Agent 1 CO Purchase Principal BONDING (PUNISHING)

  10. Processes Rules Qualification Responsiveness Planning Competition - Methods Contract Provisions Cost Reimb.

  11. The United States . . .

  12. . . . Has Separate Procurement Systems Federal Procurement State Local

  13. .. . . Has about $500 billion in annual federal procurement

  14. . . . Procurement Remains Political • Question: If President Trump did interfere with this procurement for his personal benefit, would this be: • Petty corruption • Grand corruption • State capture?

  15. . . . But Not Driven by Individual Politicians Top 10 Congressional Districts for Federal Contracts, FY07

  16. . . . Accessible FY07 Contracts - Defense

  17. . . . Is Transparent at Opportunity and Award

  18. Historical Progression Sole Source Sealed Bids Negotiated Procurements Frameworks

  19. Major methods of competition

  20. Umer Chaudhry GWU Law Student

  21. Darleen Druyun Previously highest-ranking civilian official in Air Force procurement systems Convicted of improper job negotiations with Boeing during tanker procurement Admitted favoring Boeing in hundreds of millions of dollars in procurement Sentenced to prison $650M Boeing settlement . . . Prone to Scandal

  22. Frameworks Frameworks emerged in the United States and elsewhere along parallel paths Supplier Lists

  23. Frameworks: Sample

  24. Problems in U.S. Frameworks: 1990s

  25. Scandals

  26. Do the EU Directives Impose Additional Principles? Source: Abby Semple, www.procurementanalysis.eu/ Author: Abby Semple

  27. CONVERGENCE

  28. Conclusion Christopher Yukins cyukins@law.gwu.edu Mobile +1 703 304 4773

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