Webinar – Current Challenges and Opportunities for Green Public Procurement – September 30, 2020

Global challenges related to the climate changes as described in the Paris Agreement influence various aspects of public policies across the world. This leads us to observe in the U.S. presidential candidate Joe Biden’ s New Green Deal, and in Europe, where for example the New Industrial Strategy for Europe calls for the support and implementation of the green aspects in public procurement. Also,  the New European Green Deal and the Just Transition Fund should have a significant impact on the public procurement market and regulations.

Although Green Public Procurement (GPP) is still a non-mandatory legal instrument, the European Commission has opted for this solution as an effective measure in the EU’s efforts to become a more resource-efficient economy. GPP can help stimulate a critical mass of demand for more sustainable goods and services which otherwise would be difficult to get onto the market. 

The new European initiatives are important not only for European public authorities and contractors but also for U.S. enterprises interested in Transatlantic cooperation.

The Institute of Law at the Univeristy of Silesia, Association ‘’Pro Silesia,’’ with the support of the George Washington University’s Government Procurement Program, invite you for a 90-minute, free webinar concerning current challenges and opportunities for green public policies and their influence on public procurement markets in the USA and the European Union, with discussions with leading specialists from both sides of the Atlantic.

Agenda and Speakers:

Prof. Jerzy Buzek,  Member of the European Parliament, President of the European Parliament in the years 2009–2012, Prime Minister of the Republic of Poland in the years 1997–2001

New Green Deal and Just Transition Fund

Prof. Alexandra Harrington, University of Albany School of Law, Assistant Director of the Global Institute for Health and Human Rights (USA), Adv. Magdalena Stryja, University of Silesia in Katowice, Just Transition Research Group (Poland)

Intersections between Global Governance Regimes and Climate Change Law

Prof. Christopher Yukins, George Washington University, Washington D.C. (USA)

The U.S. experiences with the support of environmental aspects in government contracting.

Dr Wojciech Hartung – Counsel, Domański Zakrzewski Palinka (DZP) (Warsaw)

European Green Deal and Just Transition Fund reflections on the European Public Procurement legal regime

Adv. Katarzyna Kuzma, DZP, Public Procurement Law Association (Poland)

The support of the green effects in the new Polish Public Procurement Act

Question and Answer Session

Moderator:

Prof. Michał Kania, University of Silesia in Katowice

Speakers Biographies:

Prof. Jerzy Buzek – Member of the European Parliament continuously since 2004, and in the years 2009-2012 – its president. In the European Parliament prof. Buzek is a member of the Committee on Industry, Research and Energy. In 2016, Euractiv recognized him as one of the three most influential people of European energy policy. He was ranked by the Rzeczpospolita daily as the best Polish MEP in 2008 and 2018.

In the years 1997-2001 he served as the Prime Minister of the Republic of Poland; his government carried out reforms of administration, education, health, pensions and mining. Professor Buzek also introduced Poland to NATO and started negotiations on its membership in the European Union. Knight of the Order of the White Eagle.

Prof. Alexandra Harrington – author of the book International Organizations and the Law and the forthcoming International Law and Global Governance: Treaty Regimes and Sustainable Development Goals Interpretation. Alexandra is the Director of Studies for the International Law Association Colombian branch, a member of the International Law Association Committee on the Role of International Law in Sustainable Natural Resource Management for Development, and an adjunct professor at Albany Law School. She also provides guest lectures globally on topics related to international law, environmental law, global governance and sustainable development. Prof. Harrington has served as a consultant for entities such as the Commission for Environmental Cooperation of the North American Agreement on Environmental Cooperation and UN Environment.

Prof. Harrington’s publications address a variety of fields relating to international law, including environmental law, legal issues relating to climate change, natural resources regulation, international organizations, international human rights law, international child’s rights, international trade law, corporate social responsibility, and criminal law. Prof. Harrington routinely presents her works at domestic and international conferences.

Adv. Magdalena Stryja performs the function of the Chair of the Science and Development Committee with the District Bar Association in Katowice.  She is Poland’s first member of the international organization: Centre for International Sustainable and Development Law. Magdalena is a member of the interdisciplinary Polish Research Group Just Transition, which aims at developing and implementing the concept of fair transformation with a view to transforming the economy, lifestyle, culture and social values in Silesia in the face of climate change. She is a member of the University of Silesia-based Bioethics Research Group dealing with legal and bioethical aspects of medicine and animal protection as well as environmental and climate protection.  She is also a member of The Labour Law and Social Policy Research Group at the Institute of Legal Sciences at the University of Silesia.

Magdalena delivers lectures on labour law and social policy. Her research interests also encompass legal aspects of climate change, including the social aspects of retraining employees.

Prof. Christopher Yukins – serves as co-director of the government procurement law program at George Washington University Law School, and has taught there on contract formations and performance issues in public procurement, bid protests and claims litigation, state and local procurement, Anti-corruption issues, foreign contracting, procurement reform, and comparative and international law. He has testified on issues of procurement reform and trade before committees of the U.S. Congress and the European Parliament. He is a visiting professor at the Université Paris Nanterre, where he lectures annually, and has taught a week-long course on procurement issues and corruption at the International Anti-Corruption Academy (Austria).

Prof. Yukins has spoken as a guest lecturer at institutions around the world, and he was a contributing editor to the UN Office on Drugs and Crime manual, Guidebook on Anti-Corruption in Public Procurement. He is an active member of the Public Contract Law Section of the American Bar Association, and is a member of the Procurement Roundtable, an organization of senior members of the U.S. procurement community. He is a faculty advisor to the Public Contract Law Journal, is a member of the editorial board of the European Procurement & Public-Private Partnership Law Review and is on the advisory board of The Government Contractor. He has worked on a wide array of international projects on capacity-building in procurement, and he was an advisor to the U.S. delegation to the working group on reform of the United Nations Commission on International Trade Law (UNCITRAL) Model Procurement Law. Together with his colleagues, he runs a colloquium series on procurement reform at The George Washington University Law School. In private practice, Professor Yukins has been an associate, partner and counsel at leading law firms; he is currently counsel to the firm of Arnold & Porter.

Dr Wojciech Hartung – counsel at the Polish law firm Domański Zakrzewski Palinka, advises on infrastructure projects carried out under the Public Procurement Law or using partnership structures, i.e. PPP, concessions and other forms of co-operation between public and private partners, specialises in public-public cooperation (in-house procurement) issues. They have been addressed in his PhD dissertation on the “Independence of a basic local government unit upon the organisation and provision of municipal services in light of European law and Polish legal order’’. Wojciech is a Member of a working group set up by the Ministry of Development to review the law on public-private partnerships and to draw up a government policy in this respect. Until March 2009 dr Hartung acted as the Director of the European Union and International Co-operation Department at the Public Procurement Office. Wojciech was also Polish representative on the European Council’s Working Group on Public Procurement and on the Advisory Committee for Public Works Contracts set up by the European Commission. Wojciech is a member of Public Procurement Law Association.

Adv. Katarzyna Kuzma – partner at the Polish law firm Domański Zakrzewski Palinka and heads  the team providing services relating to Polish and European public procurement law. She has extensive experience in advising both public and private entities operating in various sectors (including construction and engineering services, environmental protection, pharmaceutical and energy) on projects carried out in the traditional form (public procurement) and those based on partnership structures in the broad meaning of the term (PPP, concessions).

The advice Katarzyna renders covers all stages of procedures (including representation before the National Appeal Chamber and common courts) and performance of public contracts, including inspections and financial adjustment procedures. She actively promotes implementation of compliance systems in the area of public procurement, with special focus on bid rigging. Katarzyna is also the Vice-President of the Public Procurement Law Association.

Michał Kania – professor at the Silesian University in Katowice, legal adviser with 15 years of experience, member of the Just Transition Research Group. Michał is also an active member of the Public Procurement Association and legal consultant with the specialization in Public-Private Partnership and public procurement law, Visiting Fulbright Scholar at the George Washington University (2018-2019), Fellowship of German Academic Exchange Service at the Ludwig Maximilian University in Munich (2017), speaker at the Polish and international conferences, initiator and lecturer at the Postgraduate Studies in Public-Private Partnership and Public Procurement at the Silesian University in Katowice, independent adviser for the Polish Ministry of Development for the concept of the new Polish Public Procurement Act, adopted on 11 September 2019, plenipotentiary of the President of the University of Silesia for PPP projects.

GSA Awards Contracts to Open Amazon and Other Commercial Platforms to Billions of Dollars in Federal Micro-Purchases

The U.S. General Services Administration (GSA) on June 26, 2020 announced the award of three contracts which will allow government users to make billions of dollars in purchases directly from “electronic marketplaces” online.  The contracts were awarded to Amazon Business, Overstock.com and Fisher Scientific.  This “commercial platforms” initiative, detailed in Government Contractor pieces available here and here, could radically reshape public procurement in goods and services, as government users will be able to make “micro-purchases” (typically up to US$10,000) directly from these commercial platforms.

Join a webinar to discuss these developments on Tuesday, June 30, 2020 at 12 noon Eastern. Info. Registration.

This is a three-year pilot (or “proof-of-concept“) initiative. The estimated total value of these contracts is $6 billion annually, and GSA announced that it expects these online platforms to be available in 30 days.

Now that GSA has made awards on the pending solicitation, contractors may choose to join the online marketplaces which could regularize access to approximately 4.5 million federal personnel. 

While the cap on micro-purchases is normally $10,000, that cap has increased to $20,000 in the pandemic, and GSA and the Office of Management & Budget (OMB) (within the White House) have urged Congress to increase the limit to $25,000 for purchases through GSA’s approved portals. Although as noted GSA estimates that $6 billion in sales could go to these new electronic marketplaces, micro-purchases across the federal government total several times that amount.

GSA and OMB have urged Congress to increase the micro-purchase threshold to $25,000 for purchases through GSA-approved portals

While the transactions through these electronic marketplaces will be directly between vendors and federal users, GSA will earn a .75% referral fee on every sale, or $45 million on a conservative estimate of $6 billion in sales every year. This fee matches the “industrial funding fee” charged by GSA for sales through the Multiple Award Schedules contracts, though the electronic marketplaces apparently will entail little workload and few legal obligations for GSA. This fee to a centralized purchasing agency may prove attractive to other centralized purchasing agencies, both in the United States and abroad, when those other agencies consider entering into similar arrangements with Amazon or other online marketplaces.

Micro-purchases by users on the commercial platforms will carry almost no regulatory requirements.

Unlike traditional federal contracts, the micro-purchases on the commercial platforms under Federal Acquisition Regulation (FAR) Subpart 13.2 will carry almost no regulatory requirements. This means that buyers and vendors working through the commercial platforms will be able to avoid the competition and transparency normally required for federal procurements, and will not need to meet socioeconomic requirements such as the Buy American Act.

The initiative has raised questions regarding cybersecurity. The U.S. government is imposing tighter cybersecurity requirements, such as the Cybersecurity Maturity Model Certification (CMMC) being implemented at the U.S. Department of Defense. While the awarded contracts should exclude certain products from vendors such as Kaspersky Labs and Huawei, other security issues may arise as security standards change.

Department of Homeland Security – Best Practices Guide on “Combating Trafficking in Counterfeit and Pirated Goods”

Questions have also arisen regarding counterfeit goods on the commercial platforms. GSA has announced that it intends to follow best practices guidance regarding counterfeit goods published by the U.S. Department of Homeland Security.

Because of these and other risks, the new initiative may result in a spike in debarments. Unlike traditional federal contracts, vendors joining the online marketplaces and selling directly to federal users will not go through the same careful vetting for price, quality and qualification (responsibility). Individual government officials using these marketplaces may not have the requisite skills to assess quality and past performance. As a result, the government may seek to exclude vendors, through debarment or otherwise, if they pose serious corruption, reputational or performance risks.

The next month could prove a pivotal time for this initiative. Contractors will need to assess whether and how their federal market strategies may shift if federal users turn to this new sales channel. For government agencies it may also be a time of assessment, as agencies weigh whether federal customers—specifically, non-procurement personnel—should be specially trained to take on more authority for direct micro-purchases.

GWU Law will be hosting a free hour-long webinar on GSA’s “commercial platforms” initiative on Tuesday, June 30, 2020, at 9:00 Pacific, 12 noon Eastern and 18:00 CET.

Click to Register for Webinar

Webinar: Opening Online Marketplaces to Government Micro-Purchases — June 30, 2020

Tuesday, June 30, 2020 – 9:00 Pacific, 12:00 Eastern, 18:00 CET

Click to Register

Panel Slides

https://youtu.be/Q3X-nfJc6hQ
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Chat Record

On Tuesday, June 30, 2020, at noon Eastern time, join a free hour-long webinar sponsored by George Washington University Law School’s Government Procurement Program to discuss GSA’s recent contract awards in the “commercial platforms” initiative — contracts estimated to be worth $6 billion annually, which were awarded to Amazon Business and two other online marketplaces.

  • Moderator Christopher Yukins (GWU) will introduce GSA’s “commercial platforms” initiative, and discuss potential challenges in implementation.
  • Robert Handfield, the Bank of America University Distinguished Professor of Supply Chain Management at North Carolina State University, and Director of the Supply Chain Resource Cooperative, will discuss how the government’s use of commercial platforms could improve the resilience of public supply chains in times of crisis.
  • Thomas Kull, professor of supply chain management at the W. P. Carey School of Business at Arizona State University, will review the training that will be needed under this initiative, as non-procurement professionals take on substantial purchasing responsibilities through the new platforms.
  • Andrea Patrucco, professor of project and supply chain management at Penn State Beaver, will discuss the potential impact of this initiative in state and local governments, and internationally.
Roger Waldron, Coalition for Government Procurement

Special guest Roger Waldron, president of the Coalition for Government Procurement (a leading industry association of commercial contractors who sell regularly to the federal government), will join the panel to discuss industry’s perspectives on GSA’s initiative. The Coalition has raised a number of concerns regarding the new commercial platforms initiative, including concerns regarding agency accountability, pricing, supply chain security, counterfeit goods, and market concentration.

Background Article

The panelists have co-authored a background article for the seminar in the Government Contractor; the piece was published in the days before GSA announced the contract awards. In the article, Professors Christopher Yukins (George Washington University), Robert Handfield (North Carolina State University), Thomas Kull (Arizona State University) and Andrea Patrucco (Penn State University Beaver) discuss key themes for the upcoming webinar: challenges in what is, in essence, a new method of procurement; improvements that the initiative will bring to supply chain resilience; training that will be needed for federal purchasers; and, the possible impacts on procurement markets, both in the United States and abroad.

GSA’s commercial platforms initiative, by opening online marketplaces to federal users’ micro-purchases, could have an enormous impact on broad portions of the federal marketplace. If the challenges can be met—if GSA’s commercial platforms initiative succeeds – it may serve as a model for other public purchasers across the United States, and across the globe.

Click to Register for Free Webinar

Webinar — Public Procurement in the Time of COVID-19: A Conversation Between Professor Michal Kania (U. Silesia/Poland) and Professor Christopher Yukins (GWU)

On June 5, 2020, Professors Michal Kania (University of Silesia in Katowice, Poland, and a former Fulbright Scholar at GWU Law) and Christopher Yukins joined to discuss lessons learned in procurement from the COVID-19 pandemic.

Webinar – Trump’s Attacks on the Inspectors General: Presidential Prerogative or Punishing Critics?

June 3, 2020 – 9:00 Pacific / 12:00 Eastern / 18:00 CET

Register here

Program Slides

https://youtu.be/6oxRQi8fbJA

Program Chat – Recorded

GW Today story on the webinar

Join GW Law for another free hourlong webinar, on President Donald Trump’s abrupt removal of four inspectors general and his announcement that a fifth will be dismissed shortly.   In the last few months Trump has:

  • Fired Michael Atkinson, inspector general for the U.S. intelligence community, who passed forward to Congress the whistleblower complaint regarding Ukraine that helped lead to Trump’s impeachment by the House of Representatives.
  • Removed Glenn Fine, acting inspector general of the Department of Defense, who was slated to chair the federal panel Congress created to oversee the Trump administration’s management of the $2 trillion COVID-19 stimulus package.
  • Ousted Christi Grimm as head of the Office of the Inspector General for the Department of Health and Human Services (HHS), after she published a report critical of the Trump administration’s preparations for the COVID-19 pandemic.
  • Notified Congress on Friday, May 15, 2020 that Steve Linick, Inspector General of the State Department, will be fired effective June 15, 2020 (after the statutory 30-day notice period), after Linick reportedly launched an inquiry into Secretary of State Mike Pompeo, according to a statement issued by the chairman of the House Committee on Foreign Affairs, Rep. Eliot Engel.
  • On the same day, removed Mitch Behm, the acting Inspector General at the Department of Transportation, nominated Justice Department attorney Eric Soskin to be the permanent Inspector General, and designated Howard “Skip” Elliott as the Department’s Acting Inspector General.  House Democrats had earlier requested an investigation into alleged favoritism shown by DOT in its dealings with the husband of Secretary of Transportation Elaine Chao, Senate Majority Leader Mitch McConnell, who is seeking reelection. When acting inspector general Mitch Behm was replaced, Democrats voiced concern that his removal was prompted by the requested investigation involving Secretary Chao.

In-Depth Assessment: Background for the Webinar

Jessica Tillipman (GWU)

An expert panel will discuss these actions against the inspectors general, which many have criticized as a collapse of the rule of law in Washington, opening the door to corruption in this and future administrations.

The panel will be moderated by Christopher Yukins, who teaches on anti-corruption in the Government Procurement Program at The George Washington University Law School, joined by:

Lisa Rein
  • Lisa Rein of the Washington Post will discuss President Trump’s recent actions against inspectors general across the federal government.
  • Jessica Tillipman teaches anti-corruption and government ethics law at The George Washington University Law School.  She will discuss the role of inspectors general in the U.S. government under the Inspector General Act of 1978, and the balance that the Act draws between the power of the President and the independence of the inspectors general. 
Clark Ervin
  • Clark Ervin, a partner at the law firm of Squire Patton Boggs who served as inspector general at three federal agencies during the administration of President George W. Bush, will discuss the role and independence of inspectors general historically, from the perspective of a former inspector general.
Noah Bookbinder
  • Noah Bookbinder is Executive Director of the Citizens for Responsibility and Ethics in Washington (CREW), and previously served as an attorney in the Justice Department’s Public Integrity Section.  He will discuss the pattern of Trump administration moves against inspectors general, the implications for potential corruption, and possible pathways to reform.
The webinar “Trump’s Attacks on the Inspectors General” had over 200 registrants from five continents

Webinar – Recovering from the Pandemic: European Initiatives, U.S. Perspectives – 14 May 2020

Thursday, May 14, 2020 – 9:00 Eastern US – 14:00 UK – 15:00 CET

Register here

The European Union has launched important initiatives in response to the COVID-19 pandemic, in joint procurement and funding innovation to drive the recovery. In the United States, governments’ initial response was marred by fierce competition between federal and state governments for critical medical supplies.  But U.S. governments have a long tradition of joint procurement (called “cooperative purchasing”) among governments, and in funding innovation through various initiatives including the Small Business Innovation Research (SBIR) program.  International organizations, including the United Nations, have also played an important part in coordinating international relief efforts in procurement. 

Join a free hourlong webinar held through George Washington University Law School’s Government Procurement Program and the University of Turin’s School of Management and Economics, to discuss the European Union and its member states’ initiatives, and U.S. and transnational perspectives.  Experts will present the European initiatives, with commentary from U.S.-based businesspeople, attorneys and academics with long experience in cross-border procurement and innovation through public procurement. 

https://youtu.be/HRSN9IGCpJU
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Program SlidesPDF

Program Chat

Background Article for Webinar

Registrants were from over thirty countries across five continents

Panelists

Lucian Cernat
  • Lucian Cernat, Chief Trade Economist, European Commission – welcoming remarks.
Bertrand Wert
  • Bertrand Wert, PhD, Innovation Maker for the European Innovation Council, Accelerator, in the Business Acceleration Services team, where he has been in charge since 2015 of supporting innovative SMEs that are members of the Accelerator to gain access to public and private procurers of innovation. The EIC Accelerator programme supports the most innovative European SMEs, via grants and equity, to commercialise their innovative solutions and to look for investors. Bertrand worked from 2009 to 2015 for Directorate General GROW of the European Commission, in the team developing the “Innovation Union” strategy. Meanwhile, piloting demand-driven policy interventions, he managed several public procurement networks or “buyers’ groups” of innovation (Pre-Commercial Procurement & Public Procurement of Innovation).
Jekaterina Novikova
  • Jekaterina Novikova is Innovation Policy Coordinator at the European Commission, Directorate General for Research and Innovation in the newly created European Innovation Council Task Force. Her areas of responsibility include innovation procurement and the connection of innovation ecosystems under the Horizon Europe program.  An EU official since 2005, she spent five years in management positions implementing FP-7 and Horizon 2020 research projects. As an EU fellow, she spent the academic year 2018-2019 in the US, at the University of California, Berkeley where she conducted research on how the US government, universities and industry facilitate the transition of research results to market. Jekaterina is a Certified Chartered Accountant and holds an MA in European Affairs from Lund University, Sweden.
Ivo Locatelli
  • Ivo Locatelli, Senior Expert–Team Leader in innovation procurement at the European Commission (DG GROW (Internal Market, Industry, Entrepreneurship and SMEs)).  Ivo has written on innovative procurement in the European Union, and will draw on his assessment of Europe’s experience to discuss next steps in joint procurement among the member states.
Stephan Corvers
  • Stephan Corvers (s.corvers@corvers.com), managing director of Corvers Procurement Services (Netherlands), a private company which has been operating in the field of European procurement since 2000. Corvers has been involved in a wide range of procurement projects, relating to new markets, new products or services, new distribution channels, and new technology. Corvers is a contractor for the EAFIP-initiative of the European Commission.

Discussants

Benedetta Audia
  • Benedetta Audia, United Nations Office for Project Services (UNOPS) as Corporate Legal Advisor, where she heads the commercial and institutional law practice and has played a lead role in UNOPS’ response to the COVID-19 pandemic.  She is an adjunct professor at George Washington University Law School, a Visiting Professor of Public International Law at LUISS Guido Carli University.  She holds a Juris Doctor degree in Public International Law and two Masters Degrees (in Corporate Law and Legal Advanced World Studies).
Justin Kaufman
  • Justin Kaufman, General Counsel, NASPO ValuePoint, leading U.S. publicly led “cooperative purchasing” vehicle, coordinated through the National Association of State Procurement Officers (NASPO) and used by all 50 states and hundreds of local governments across the United States. Justin has worked for many years in cooperative purchasing in the United States, and was a contributing author to Joint Public Procurement and Innovation:  Lessons Across Borders (G. Racca & C. Yukins, eds., 2019).
Thomas Hendrix
  • Thomas Hendrix, Managing Partner, Decisive Point, a venture advisory and investment firm focused on advanced technology. Tommy works regularly with emerging companies in the SBIR program, building innovative solutions for government.  Tommy served in the US Army for nearly 10 years as a Ranger, Green Beret, and Commander in a counter-terrorism response force.  He holds an MBA from Columbia Business School and a BS in Law and Legal Systems from the United States Military Academy at West Point, and is a candidate for a Master of Studies in Law at George Washington University. Prior research he has done on improving innovation in government-funded research and development is here.

Moderators

Gabriella Racca

Professors Gabriella Racca (University of Turin) and Christopher Yukins (George Washington University

A special note to the international procurement community — the World Bank needs your help in its worldwide survey of emergency procurement practices for the COVID-19 pandemic, available here

Past Webinars

Fighting Fraud in COVID-19 Sourcing – Webinar – April 9, 2020

A new threat has emerged in the pandemic:  fraud in the supply chain for critical COVID-19 supplies.  Governments the world over are fighting back against price gouging and defective supplies.  What tools are available, and will they work?  Join a free one-hour webinar with GW Law, as experts discuss these critical global developments in anti-corruption and procurement.

April 9, 2020, 9 am ET/15:00 CET/21:00 CST

Presented with the kind cooperation of the International Anti-Corruption Academy (IACA)

https://youtu.be/LbWhybyRAaw
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Panelists

Michael Bowsher QC – Monckton Chambers / King’s College, London (London)

Thomas Hendrix – GW Law / Decisive Point (New York)

Aris Georgopoulos — University of Nottingham (United Kingdom)

Rocco Burdo, Head, Analysis and Research Section, Intelligence Office, Anti-Fraud and Controls Department, Customs and Monopolies Agency (Italy)

Jessica Tillipman — GW Law (Washington)

Mihály Fazekas – Central European University (Budapest) DIGIWIST Report

Paul Whittaker – OECD (Paris) OECD – Corruption in Procurement

Moderators:  Christopher Yukins, GW Law School (Washington); Jean-Bernard Auby (Professor emeritus, Sciences Po Law School (Paris)); Gabriella Racca (University of Turin); Laurence Folliot Lalliot (University of Paris Nanterre (joining from Dakar))

Registrants from 40+ Countries and Territories

Resources on COVID-19 and Public Procurement

Previous Webinars

Colloquium: What Happens If the U.S. Leaves the WTO Government Procurement Agreement?

Tuesday, February 18, 2020, 9 to 11 am – GWU Law School, Law Learning Center, 2028 G Street NW, Room LLC006

WTO Government Procurement Agreement Members and Observers

According to press reports, the Trump administration is mulling an executive order that would trigger U.S. withdrawal from the WTO Agreement on Government Procurement (GPA). This free colloquium will assess the United States’ potential withdrawal from the GPA, which would deprive U.S. suppliers of a key point of access to public procurement markets internationally — although the GPA, experts note, has set global standards and opened an estimate $1.7 trillion dollars annually in business opportunities. The United States could forfeit access to important public procurement markets in Canada and many other countries, and the United States could lose its leadership role (which dates back to World War II) in shaping global standards in public procurement, even as more countries (such as Brazil) are joining the GPA.

Colloquium will be held downstairs at the GWU Law Learning Center – 2028 G Street NW (photo: Google)

Resources

Jean Heilman Grier, Consequences of Potential U.S. Withdrawal from GPA (Djaghe.com)

Robert Anderson & Christopher Yukins, Withdrawing the United States from the WTO Government Procurement Agreement (GPA): Assessing Potential Damage to the U.S. and Its Contracting Community, 62 Gov. Contractor para. 35 (Feb. 12, 2020)

Acetris Health LLC v. United States (Fed. Cir., Feb. 10, 2020) (Dyk, J.)

Panelists

Jean Heilman Grier is a leading internationally recognized expert on the World Trade Organization’s (WTO) Government Procurement Agreement (GPA), bilateral and regional agreements, international trade negotiations and international procurement systems. She has more than 30 years of experience in international trade as a U.S. trade negotiator, lawyer, adviser and consultant, including as the government procurement negotiator for the U.S. government. For a decade, she represented the United States in the WTO Committee on Government Procurement where she played a leading role in the revision of the GPA and accessions to the Agreement. Since 2013, she has been the Trade Principal with Djaghe, LLC., where she advises and provides technical assistance to governments, international organizations, businesses and trade groups on international procurement and trade issues. She writes extensively on international procurement and other international trade topics, and maintains a blog, Perspectives on Trade, at http://trade.djaghe.com; there, she recently published a piece on the impacts that the United States leaving the GPA could have.

Robert Anderson

Robert Anderson is a teacher and independent researcher on matters relating to the multilateral trading system, competition policy and government procurement. He previously worked in the Secretariat of the World Trade Organization from 1997 through 2019, and held the position of Counsellor and Team Leader for Government Procurement and Competition Policy in the Organization from 2005 through 2019.

Current academic positions include that of Honorary Professor in the School of Law at the University of Nottingham (United Kingdom). Mr Anderson also is an external faculty member at the World Trade Institute, the University of Bern (Switzerland); the University of Rome Tor Vergata (Italy); and the Catholic University of Lyon (France). He also has been a guest speaker, on multiple occasions, in relevant courses of the George Washington University Law School (United States).

Roundtable Participants: Michael Bowsher QC (Monckton Chambers, London) – Andrea Sundstrand (University of Stockholm) – Pascal Friton (Blomstein, Berlin) – Paul Lalonde (Dentons, Toronto) – Colette Langos (University of Adelaide) – Christopher Yukins (GWU Law School)

Program information: Cassandra Crawford, ccrawford@law.gwu.edu

GWU Law Supports Student Submissions to Law Journals for Publication

For GWU Law students interested in publishing excellent papers, the Law School maintains a special service for students, described below, excerpted from an email from the head of the Law Library, Associate Dean Scott Pagel:

George Washington University Law School, Washington, DC

I am writing to share information about a new service that the Law School will be offering to our students and recent graduates, effective immediately. 

In order to promote student scholarship and to subsidize student efforts to be published, the Dean has agreed to permit students to submit a manuscript to up to 25 journals using the Law School’s Scholastica account.  This offer also will be extended to alumni/alumnae for a period of six months following their graduation.  As those of [the faculty] who use Scholastica know, it charges for each submission.  This is where [faculty] assistance is required.

In order for a student to participate in this program, she must have a full-time faculty member as a “sponsor” for the manuscript.  The faculty member will be expected to read the manuscript and ascertain whether it is likely to be accepted for publication by a journal.  The faculty member also will be expected to meet with the student to discuss which journals are appropriate targets for submission of the manuscript.  Please note that students are not limited in the number of manuscripts that they may submit, but they must obtain sponsorship from a full-time faculty member for each manuscript.

[After a full-time faculty member has discussed the manuscript] with the student, [the faculty member should] simply send [Dean Pagel] her name and email address and [he] will take it from there.  [He] will add the student to [the] Scholastica list, contact the student, and monitor use of the service.

The full policy is downloadable here:

Students in the GWU Law Government Procurement Program also may want to contact the procurement-focused journals listed on our program page, https://www.law.gwu.edu/government-procurement-law.  And as always, Mary Kate Hunter, the lead librarian for the program, is a wonderful resource too. 

Request Denied by GAO for Documents in Pending Protest Regarding GSA “Electronic Marketplaces” Procurement

On January 15, 2020, Overstock.com, Inc., a competitor in the pending U.S. General Services Administration (GSA) procurement for “electronic marketplaces” reportedly protested the reissued (and revised) solicitation at the U.S. Government Accountability Office. Per GAO’s rules on the public availability of records, 4 Code of Federal Regulations (CFR) Part 81, Professor Yukins submitted a formal request to GAO for electronic versions of the redacted materials filed in the referenced pending bid protest (attached).  These records were requested so that information and analysis regarding the subject procurement – a multi-billion dollar procurement to open commercial electronic marketplaces to federal users – can be made available to the public.  If these records are not released, key information on this major procurement may be blocked from the public for roughly three months – the 100-day period for a GAO bid protest to be decided.

On January 22, 2020, GAO denied the request, saying that it is estimated that the documents will not be available until the proceedings are concluded, projected to be on or about April 24, 2020, over three months later. In practical terms, this means that the thousands of vendors and customers which need to prepare for the new electronic markets to be opened by GSA’s procurement may need to wait months for information on the ongoing procurement and protest — even though that information (because redacted) is otherwise publicly releasable.

Roger Waldron, Coalition for Government Procurement

Editor’s Note: On January 24, 2020, the Federal News Network published an op-ed by Roger Waldron of the Coalition for Government Procurement which concluded: “. . . there are broad implications for the procurement system associated with the e-Marketplace acquisition, and those implications extend into other areas of importance, like supply chain security, socioeconomic programs, and the protection of proprietary data. Yukins is right. Absent the release of these [GAO protest] records, ‘key information on this major procurement may be blocked from the public for roughly three months – the 100-day period for a GAO bid protest to be decided.’ So too, from the perspective of Coalition members, it highlights that more review and reflection on the acquisition is needed. “