BESTEK - The Public Procurement Podcast

In this episode, Marta and Willem explore the resurgence and presence of buy local policies in the public procurement context. They discuss it broadly on a global scale, and then zoom in on specific buy local implementation issues when it comes to the procurement of food by public authorities. What to do with criteria and condition related to zero miles, EU geographical indicators, time of delivery or short supply chains? For dessert, they share how they overcome the initial hesitation of professionals and students when it comes to public procurement law as a field of study and expertise.

Read more about it in this study: M. Andhov, M. Kania, S. Mikulic 'How to Procure Sustainable Food and Include Farmers in Public Procurement? - Legal Constraints and Opportunities' (via: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4826088)

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Episode Transcript

 

Willem Janssen [00:00:00] Welcome to the BESTEK, the Public Procurement Podcast. Today, Marta and I are talking to Steven Schooner about sustainability and public procurement in the US and publishing in American journals.

 

About Bestek [00:00:17] Welcome to Bestek, the public procurement podcast. In this podcast, Dr. Willem Janssen and Dr. Marta Andhov discuss public procurement law issues, their love of food, and academic life. In each episode, Willem, Marta, and their guests search for answers to intriguing public procurement questions. This is Bestek. Let's dish up public procurement law.

 

Willem Janssen [00:00:41] Morning. Good afternoon everyone.

 

Marta Andhov [00:00:43] Hello. Hello, how are you?

 

Steven Schooner [00:00:46] It's great to be here. And I have to say, I applaud both of you for this enterprise. I'm really impressed with the the fact that you started this and that you've stuck with it. And my only disappointment is I'm not in Utrecht doing the recording because I really wanted to be there to experience your bicycle infrastructure. But I expect we'll get back to bicycle infrastructure, as we talked about where we're trying to get over time. So we'll come back to that.

 

Willem Janssen [00:01:07] But I'm sure we'll totally get back, get back to that. Uh, I have to say, so we're broadcasting live from two continents and three countries at the moment. So Marta is located in Copenhagen. Steve, you're in in Washington, DC at the law school there, and I'm at Utrecht, uh, in my attic whilst the rain is trickling down my window. So, uh, let's see where that takes us. Um, and, uh, before we get started, it is my pleasure to to introduce, uh, you, Steven Schooner. Professor. Uh, I don't think you require  much introduction to be honest. 

 

Steven Schooner [00:01:40] I hope not.

 

Willem Janssen [00:01:40] But but, uh, I'll still give it a very brief - with your permission-  go with the Nash & Cibinic  Professor of government procurement law at the George Washington University. And, um, you started talking about cycling already, so I'm not too nervous to actually say that you're also a passionate cyclist. Is that correct?

 

Steven Schooner [00:01:59] Absolutely. And on a good day, I bike commute, but we have relatively good infrastructure here. But definitely not up there with the best in the world. But I think we're moving in the right direction.

 

Willem Janssen [00:02:09] I was amazed actually, because when I, when I visited your law school in 2014, I actually cycled to work every day and for for, if I may say so, for an American city, uh, it's very, very much possible to cycle to work there.

In deze aflevering spreekt Willem met Tjinta Terlien (PLOUM) over de energietransitie en het aanbestedingsrecht. Aanbesteden en de energietransitie: so what? Hoe ziet het juridische kader eruit en knelt het of niet? Wat betekenen de nieuwe verplichtingen voor NettoNul, Batterijen en Gebouwen? Deze vragen en meer worden bediscussieerd vanuit het perspectief wat het betekent voor de aanbestedingspraktjk.

In this episode, Willem and Marta discuss visual contracting in the context of public procurement. Can it improve the contracting process? If so, how? They explore the potential of visual contracts and possibilities to apply it in the public sector based on Marta's forthcoming publication in PPLR. For desert, they look at their best and worst presentations to share their learnings from them.

TABLE OF CONTENT 

0:00 Entrée2:07 Agenda 5:39 The Main 5:39 Introducing the concept of visual contracting 13:16 What are the potential limitations  18:14 Types/models of visual contracting24:48 Can visual contracts satisfy “in writing” requirement?27:48 Does the requirement of compulsary content and form limit the possibility of visual contracting?32:42 What about the clarity and interpretation of visual contracts?36:22 Dessert 37:13 Presentation we wish never happened41:59 Presentation we are proud of45:00 Outro

In this episode, Marta and Willem delve into the complex and critical world of US public procurement and sustainability with Steven Schooner from George Washington University Law School. They ask intriguing questions such as: What does the landscape of public procurement look like across different development tiers in the US, and how does sustainability fit into this picture? Why are executive orders and market integration pivotal in shaping sustainable procurement practices? How can we effectively operationalize regulations to create a more sustainable and efficient system of government contract law? Finally, for the dessert, they switch gears to compare American and European legal scholarship and publishing cultures.

In this episode, Annamaria La Chimia (Nottingham University) and Marta discuss the fascinating world of development aid and procurement. What does this world look like? Where do interesting procurement questions pop up? Why should all of us know more about this international side of public procurement? Tune in now to learn more. In the dessert section, they discuss leadership in academia. What does it mean in the context of PPLG and academia more broadly, and how is it relevant to create an even better academic world?

In this episode, Marta and Willem start by discussing the role of public procurement law in addressing climate change, emphasizing its supportive capacity in mitigation efforts and how it interacts with various legal disciplines, including environmental, competition, and constitutional law. For the main, they dig into the nuances of sustainable procurement, emphasizing the distinction between policy and law, and introduce the concept of "low emission procurement" as a targeted approach to address emissions in public purchasing practices. More precisely, they emphasize the shift from traditional procedural rules to target-oriented approaches and the challenges of implementing and enforcing these targets, highlighting the increasing integration of environmental considerations into procurement law and the need for professionals to be versed in various related legislations (e.g., EU Clean Vehicles Directive, Batteries Regulation, Net-Zero Act, Deforestation Regulation). Finally, for the dessert, they reflect on the challenges of venturing into scientific fields outside their primary expertise, exemplified by their foray into environmental law.

In this episode, Marta invites Willem to discuss his new book (co-edited with Roberto Caranta) on mandatory sustainability Requirements in EU Public Procurement Law. (out in October at Hart) Why is this topic in which the EU seems to move from regulating 'how to buy' towards 'what to buy' in need of discussion? What academic questions are relevant to ask for all those involved in sustainable public procurement? How will this affect procurement practices in the EU and what can be improved in the future? For dessert, they discuss academic summers. How to unwind in light of the need to finish stuff as well?

In this episode, Marta Andhov talks with Dominic Dagbanja - a senior law lecturer and researcher (University of Western Australia) specialising in international investment law and in the consequences of investment and trade treaties for public interest regulation. They start by pointing out to practical relevance of knowing about the intersection of public procurement and free trade agreements. Further, they meticulously discuss the issue of balancing between free trade and sustainability considerations. In addition to this, they also geek out on the topic of never more frequent incorporation of public procurement provisions in free trade agreements. For dessert, they share their experiences of living the lives of academic nomads.

In this Bestek podcast episode, Marta and Willem discuss proportionality (the Dutch way) and edited volumes. First, they start by explaining why the proportionality principle is essential in the EU and public procurement law context. Further, they dig into the Dutch proportionality guide. They focus on discussing its purpose, legal standing and content. For the dessert, the hosts talk about the challenges of managing multi-contributor volumes.