Professor ZHAO Yong, University of International Relations – Beijing – New Text on U.S. “Green” Procurement

An Analysis of American Governance through the U. S. Federal Government’s Green Procurement System

 ZHAO Yong, University of International Relations, Beijing, email: yongjao@hotmail.com

(Text is in Mandarin, and available from the author)

 

[Abstract]

The formation of the green procurement system of the U. S. Federal Government is complex, the influence factors being numerous and the contents being comprehensive. This dissertation aims to provide a reference for the improvement of China’s government procurement system through exploring the cause, contents, features and evolution of the American green procurement system. Furthermore, by in-depth studying the American green procurement system as a breakthrough point so as to analyse  the social problem conduction mechanism, interest distribution mechanism and the power allocation mechanism of the U. S. Federal Government, this dissertation tried to discover the characteristics and means of the American governance, promote transforming the mode of China’s Governance and enhance Chinese Governments’ ability of governance and solving the practical problems of the current Chinese society.

After the World War II, the rapid development of American economy aggravated the degree of environment deterioration. An endless stream of environmental incidents and the enhancement of environmental awareness have promoted the awakening of public environmental interests. With the help of environmental organizations and research institutions, the public environmental interests can be effectively expressed, which prompted the politicians to address environmental issues into the political agenda. Then the environmental policies were shaped after the multi-player game. From 1960’s, the importance of environmental policy in the United States has been rising, with the changing of its connotation and the value orientation. In the same period, the Federal Government’s procurement policy stepped into the policy-stage after the liberalization-stage and the standardization-stage. The the overlap of the dense introduction stage of environmental policies and the policy-period of government procurement formed the basis for establishing green procurement laws and actions.

In the process of the formation of the environmental legislation system in America, the macro path is the self-generation and the micro path is bargaining. Citizens, environmental protection organizations, interest groups, administrative agencies, the sub-committees of the Congress and other parties in the process of the legislation played different roles. The development of the governance system is embodied in the progressive development path, during which the interests’ equilibrium of the participating parties in the evolution has been reached. Through environmental legislation, the federal government expanded its powers. In the aspect of government procurement, the laws were becoming more and more plentiful. The objectives were increasingly rich. The maturity of the procurement system makes it possible to combine the the social-economic laws and the procurement laws.

Due to the vast scale of government procurement, the multiplier effect and the little political resistance, the executive branch of the Federal Government launched a series of green procurement programs based on environmental legislation and procurement legislation. By studying the green procurement programs with different legal bases, various objects and goals, diversified implementation bodies and multiple challenges, we could recognize the complexity of governance of the environmental problems.

In order to achieve the objectives of environmental governance, it is necessary to transform the policies, laws and programs into government procurement activities by the contracting officers’ and suppliers’ behavior. The contracting officer will, under the guidance of the policy, laws and the green procurement programs, weigh a variety of the procurement factors and the environmental factors, formulate the green procurement plans and implement green procurement through a variety of procurement tools. Finally, the green governance on the supplier was achieved through the government contract. During the process, the Federal administrative agencies, the Congress, the courts, and the public oversight or supervise the procurement in different forms.

From China’s perspective, the enlightenment of the U. S. Federal Governments’ green procurement system and the governance mode is: it is necessary to establish and improve the environmental problems transmission mechanism and a balanced interest distribution mechanism; to advance green procurement programs cautiously; to actively participate in the GPA negotiation; and to react the climate change negotiations carefully.

[Keywords]  U. S. Federal Government, Green Procurement, Governance

Published by

Christopher Yukins

Professor Christopher Yukins teaches in the government procurement law program (founded in 1960) at The George Washington University Law School in Washington, D.C.

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