KCL-GWU Annual Symposium - Conflicts in Public Contract Administration: Shared Lessons CANCELLED

Until now, procurement reform internationally has centered on contract formation, because of the difficult political, legal and economic issues that surround the award of any public contract. For the most part, contract administration and its inevitable disputes (and fraud) have been ignored. This symposium seeks to remedy that, by bringing together judges, lawyers, academics and experts from both sides of the Atlantic, to share lessons learned and ways forward for a sound approach to contract administration.

 

INTRODUCTIONS (10-10:15)

Michael Bowsher QC, King’s College, London & Monckton Chambers

 

PANEL I (10:15-11:30)

How Poor Procurement Affects Failed Contract Performance

Professor Christopher Yukins, George Washington University (moderator)

Paul Lalonde, Dentons, Toronto

Jane Jenkins, Freshfields Bruckhaus Deringer, London

Francois Lichere, Université Jean Moulin Lyon 3

 

PANEL II (11:30-12:30)

The Limited Impact of EU Public Procurement Law on Contract Administration

Michael Bowsher, King’s College, London & Monckton Chambers (moderator)

Roland Stein, BLOMSTEIN, Berlin

Professor Gabriella Racca, University of Turin

Irena Georgieva, PPG Lawyers, Sofia

 

LUNCH (12:30-13:30)

 

PANEL III (13:30-14:30)

U.S. Experience: Linking Contract Award to Performance Through Standardized Clauses and Dispute Resolution — and Fraud

Steven Schooner, George Washington University Law School (moderator)

Hon. Jeri Kaylene Somers, Chair, U.S. Civilian Board of Contract Appeals, Washington DC

Marcia Madsen, Mayer Brown, Washington DC (invited)

John Pachter, Smith Pachter, McLean VA

Craig Holman, Arnold & Porter, Washington DC (invited)

 

Resources:

Hon. Jeri Kaylene Somers, The Board of Contract Appeals: A Historical Perspective, 60 Am. U. L. Rev. 745 (2011).

Granston Memorandum – U.S. Department of Justice Guidance on Dismissing Fraud Actions (2018)

Steven L. Schooner, What Next? A Heuristic Approach to Revitalizing the Contract Disputes Act of 1978, 28 Public Contract Law Journal 635 (1999), https://ssrn.com/abstract=1000712

Collin Swan, Government Contracts and the Federal Circuit: A History of Judicial Remedies Against the Sovereign, 8 J. Fed. Cir. Historical Soc. (2014), https://ssrn.com/abstract=2750119

 

PANEL IV (14:30-15:30)

Improving Contract Performance Through Better Procurement: Diverse National Experiences

Professor David Mosey, Center for Construction Law & Management, King’s College, London

Paul Khoury, Wiley Rein, Washington D.C.

Kate Gough, Freshfields Bruckhaus Deringer, London

Marta Andhov, Assistant Professor, University of Copenhagen

 

TEA (15:30-16:00)

 

PANEL V (16:00-17:00)

Judges & Arbitrators Panel: European Approach to Resolution of Disputes in Public Contracts

Helena Rosén Andersson, Supreme Administrative Court, Sweden (invited)

Sir Vivian Ramsey, Judge, Singapore International Commercial Court

Judge Katja Hoegh, Chair, Østre Landsret (High Court of Eastern Denmark), Copenhagen (invited)

Mrs. Justice O’Farrell DBE, Technology & Construction Court, London (invited)

 

DRINKS (17:00-18:00)

 

BOOK TALK: PROCUREMENT ACROSS BORDERS (18:00-20:00)

For those able to stay on, co-editors Gabriella Racca and Christopher Yukins and several of their co-authors will host an evening of light refreshments and discussion of their recently published book, Joint Public Procurement and Innovation: Lessons Across Borders. The book, with leading authors from both sides of the Atlantic, addresses a range of cutting-edge issues in public procurement, including:

Joint purchasing across borders — US and EU models

Innovative procurement techniques emerging in Europe and internationally

Special challenges in procuring for “smart cities”

OECD’s role in the revised “MAPS” standards for assessing public procurement systems

Electronic marketplaces for public procurement