The GW Law Government Procurement Law Program hosted a free “summer series” in July 2023 on potential updates to the ABA Model Procurement Code for State and Local Governments. The Model Procurement Code (MPC) was last updated in 2000, and volunteers and staff from leading organizations such as the American Bar Association (ABA), the National Association of State Procurement Officials (NASPO) and NIGP: The Institute for Public Procurement, joined by contracting professionals, lawyers and officials from every part of the country, are embarking on an ambitious update of the code. The summer series spanned four 2-hour evening sessions, and provided an in-depth look at cutting-edge issues in procurement law across the United States.
The MPC reform process may unfold in two stages over the coming years: (1) the portions of the MPC that must be updated to conform to recent changes in the U.S. Office of Management and Budget Uniform Guidance for federal grantees are likely to be addressed first, and (2) the MPC reform initiative then may look more broadly to changes that are not yet (but may be) called for by the federal grants guidance, such as in cybersecurity. The sessions in the summer series addressed both categories of potential reforms.
- July 18, 2023: Introduction to the Model Procurement Code (MPC) – and the Need for Reform – Special guest: Dixon Robertson, reporter to the MPC reform initiative. Slides
2. July 20: Understanding the OMB Uniform Grants Guidance – Special guest: Scott Sheffler (Feldesman Tucker, Washington DC). Slides
3. July 25: Updating the 2000 MPC to Meet the Current OMB Grants Guidance – Special guest: Yolanda Williams (GW Law LLM 2023) Slides
4. July 27: Looking Beyond the OMB Grants Guidance: Cybersecurity in State and Local Contracting – Special guests: Brandon Hancock & Jakub Berkowicz (GW Law, JD candidates) MPC Cybersecurity Slides & Jessica Kashary (StateRAMP) StateRAMP Slides
Series Moderator – Christopher Yukins, Lynn David Research Professor in Government Procurement Law, George Washington University Law School
Resources
ABA Model Procurement Code materials – for links to historical materials and analyses regarding the MPC
OMB Grants Guidance – The U.S. Office of Management & Budget guidance to federal grantees
Department of Justice Guide to Procurement Procedures by Grantees (updated 2014) (example of agency implementation)
StateRAMP — a non-profit organization which promotes cybersecurity best practices through education and policy development to improve the cyber posture of public institutions and the citizens they serve.
Feldesman Tucker Update: OMB Announces Likely Substantial Revision of Uniform Guidance, 2 CFR Part 200 this Summer and Fall (discussed in Session #2)
