1. International Trade & Procurement Fourth Interdisciplinary Symposium on Public Procurement
Christopher R. Yukins
Lynn David Research Professor in
Government Procurement Law
The George Washington University Law School
Sorbonne
October 26, 2018
14:00-16:30

2. George Washington University Law School
Public Procurement Law Program,

3. History

4. Prewar Protectionism

5. United States’ suggested charter for predecessor to World Trade Organization (1946)

6. USA Model Law for States
USA - Federal EU
World Bank
WTO
USA Model Law for States
Acquisition Planning
Publication of Opportunities
Electronic Auctions
Open Procedure
Competitive Dialogue
Frameworks
Contract Award Notices
Bid Challenges
Exclusion
Contract Administration
CONVERGENCE

7. Historical Evolution – International Trade Agreements
No Discrimination
Eliminate Non-Tariff Barriers in Procurement
Harmonize – Best Practices or Uniform?
GPA

8. Data

9. Umer Chaudhry
GWU Law Student

10. “ the direct cross-border share in the number of awards remained under 5% in the majority of EU28 Member States.”

12. “ the direct cross-border share in the number of awards remained under 5% in the majority of EU28 Member States.”
“At the EU level, it is estimated that import penetration in the private sector is about 10% higher than in the public sector There is no consistent indication of a domestic bias in public purchasing despite the fact that overall import penetration in private purchasing is significantly higher than for the public sector. Higher import penetration in private sector purchasing appears to a large extent to be explained by the significant differences in the composition of purchases between the two groups.”

13. U.S. has largest share of indirect cross-border awards in the European Union

15. options

16. Bernard Hoekman, International Cooperation on Public Procurement Regulation (2015)

17. Bernard Hoekman, International Cooperation on Public Procurement Regulation (2015)

18. Key U.S. Trade Issues: Procurement
Reciprocal Defense Procurement Agreements – open markets
European Defence Fund
Defense
Constitutional versus Political
Sub-Central Access
Strict Reciprocity – “Capping”
Section 508 Accessibility Standards
Cybersecurity
Anti-Corruption – Qualification Assessment
Sustainability - Environmental Standards – Small & Disadvantaged
Regulatory Cooperation

19. U.S. Trade Policy: Recent History
Obama
Trans-Pacific Partnership
U.S. Out – Comprehensive & Progressive TPP
USMCA
(NAFTA 2.0):
Procurement –
No Canada
TTIP
U.S.-EU Regulatory Cooperation
Other Agreements

20. Revised Accessibility Standards
Developed with input from European Commission staff
Disability community supported common international standards under Section 508

21. Cybersecurity Defense Chief Information Officer (CIO)
Administrative Cooperation: U.S. Defense Department Cybersecurity for Unclassified Information Technology
Cybersecurity Defense
Non-USA?
Chief Information Officer (CIO)
Reviews and approves
Competition and Award

22. Anti-Corruption: Four Paradigms
Responsibility (Qualification) Only
On a case-by-case basis
In U.S. – done by contracting officer
Allowed by new EU Directives
Adjudicative Debarment for “Bad Acts”
E.g., World Bank
Court-Ordered Debarment, After Judicial Proceedings or
Automatic Debarment After Conviction
Discretionary Debarment – U.S. Federal
Based on “present responsibility”: focus on present status
Debarment is a cross-government “meta-qualification” determination
Performance Risk
Reputation Risk

23. Three “Pillars” to Sustainable Procurement
Economy
Society
Environment
The crucial milestone for the development of Sustainable Public Procurement in Europe was the Gothenburg European Council (June 2001)and the adoption of the EU Sustainable Development Strategy. The philosophy of this strategy is that economic, social and environmental objectives could be pursued simultaneously adding an environmental dimension to the Lisbon Process, launched in March (In the Lisbon Strategy, the EU aims to become ‘the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion’ by 2010.)

24. Eco-Labels

25. Sustainability in Public Procurement: Trajectory
Political
Eco-Label
Carbon Footprint as Evaluation Factor
TRUMP

26. Conclusion Professor Christopher Yukins
The George Washington University Law School
Washington, D.C.
(m)