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- The WTO Agreement on Government Procurement and the UNCITRAL Model Procurement Law: A View From Outside the Region (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Hermeneutic Foundations Of Qualitative Research, Bernd Reiter
The Hermeneutic Foundations Of Qualitative Research, Bernd Reiter
Government and International Affairs Faculty Publications
This article is the result of reflection that emerged while conducting qualitative field research on nationalism and exclusion in Portugal. The problem I confronted was when to stop interviewing. Stated more precisely, I was seeking an answer to the question of when one has collected enough empirical data to support or reject one’s hypotheses. This initial problem led me to a rather old discussion on the difference between natural and human sciences that has characterized German academic life for many years–in fact, since the early 19th century–producing some more heated phases of academic dispute, known as the Positivismusstreit in the …
Government Procurement: A View From Asia, Locknie Hsu
Government Procurement: A View From Asia, Locknie Hsu
Research Collection Yong Pung How School Of Law
There is no single approach to government procurement regulation among Asian countries. While some are signatories to the WTO's Government Procurement Agreement (GPA), others are not. Some have deliberate policies which confer preferences on domestic suppliers of goods and services. Even so, some have embarked on changing their GP regimes independently of WTO requirements. Yet others appear to be prepared to make changes in tandem with the negotiation of bilateral or regional free trade agreements. This article examines government procurement from these varied perspectives of Asian countries.
Emerging Policy And Practice Issues (2005), Steven L. Schooner, Christopher R. Yukins
Emerging Policy And Practice Issues (2005), Steven L. Schooner, Christopher R. Yukins
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2005), attempts to identify the key trends and issues for 2006 in U.S. federal procurement. In an effort to make sense of the current reforms, the paper focuses upon what seems to be the common imperative underlying the various initiatives: the need to bring order to a procurement function as it devolves away from the Government user - what some might call the "devolution" or "outsourcing" of the contracting function. The paper also addresses emerging issues including, among others, the death of competitive sourcing; the acquisition workforce …
A Case Study In Comparative Procurement Law: Assessing Uncitral's Lessons For U.S. Procurement, Christopher R. Yukins
A Case Study In Comparative Procurement Law: Assessing Uncitral's Lessons For U.S. Procurement, Christopher R. Yukins
GW Law Faculty Publications & Other Works
The United Nations Commission on International Trade Law (UNCITRAL) has commissioned a working group, with delegations from many industrialized and developing nations, to reform and update the UNCITRAL Model Law on Procurement of Goods, Construction and Services. The working group is currently reviewing reforms on a number of fronts. This essay focuses on three areas of reform in particular - electronic communications, electronic reverse auctions, and unrealistically low bidding - to gauge whether lessons from the UNCITRAL debate may be useful for reform in the U.S. procurement system. As the essay reflects, the international debate surrounding UNCITRAL reform does in …
Constructing A Bid Protest Process: Choices Every Procurement Challenge System Must Make, Daniel I. Gordon
Constructing A Bid Protest Process: Choices Every Procurement Challenge System Must Make, Daniel I. Gordon
GW Law Faculty Publications & Other Works
Many public procurement systems, within the United States and abroad, have established systems for allowing vendors to challenge the conduct of procurement processes. Providing an effective domestic review mechanism for vendors who believe that government procurement officials have not conducted an acquisition lawfully brings an important measure of transparency and accountability to public procurement systems. This brief article discusses the goals of these bid protest systems, and then presents key choices that must be made in crafting such a system. For example: Where in the government is the protest forum located? How broad is the forum's jurisdiction? Who has standing …
Post-Katrina Reconstruction Liability: Exposing The Inferior Risk-Bearer, Steven L. Schooner, Erin Siuda-Pfeffer
Post-Katrina Reconstruction Liability: Exposing The Inferior Risk-Bearer, Steven L. Schooner, Erin Siuda-Pfeffer
GW Law Faculty Publications & Other Works
This Article describes the doctrinal, functional, and moral flaws inherent in the Gulf Coast Recovery Act (GCRA), a United States Senate bill that would provide liability protection to government contractors engaged in disaster relief work in the areas devastated by Hurricane Katrina, as well as in future disaster areas. First, the Article discusses the history of the government contractor defense and finds that the protection provided by the GCRA is quite unlike the traditional government contractor defense. This Article further argues that this doctrinal departure cannot be justified on grounds of efficiency or fairness, as the GCRA allocates risk away …
The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli
The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli
Scholarly Works
Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …