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Dispute Resolution in Public Procurement: A Comprehensive Guide

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Gain insight into public procurement disputes, the role of ADR, and differences from commercial contracting. Understand global influences and unique challenges for effective resolution.

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Dispute Resolution in Public Procurement: A Comprehensive Guide

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  1. Making and Saving Deals in the Global Business Environment:Dispute Resolution in Public ProcurementHamline University School of Law- Dispute Resolution InstituteUniversity of Rome - La SapienzaADR Center Presented by Jason P. Matechak Rome, Italy June 24, 2004

  2. Dispute Resolution in Public Procurement • Session Outline • What is Procurement in General? • Why is Procurement Different? • How do Procurement Disputes Arise? • What is the Role of ADR in Procurement? • Methodology

  3. What Is Public Sector Contracting? • General Overview • Procurement Principles • Fairness • Openness • Accountability • Value for Money

  4. How Public Sector Contracting Different From Commercial Contracting? • National Legal and Regulatory Overview • Socio-economic preferences • Domestic industry preferences – e.g., BAA/TAA • Foreign policy cudgel – (U.S. – Iraq) • Export and trade controls • Public corruption • Intellectual property/data rights • Sovereign rights

  5. How Public Sector Contracting Different From Commercial Contracting? • International Overlay • World Trade Organization GPA • Multilateral Development Banks (ADB/EBRD) • Supranational Harmonization (EU, NAFTA – Ch 10)

  6. How is Public Sector Dispute Resolution Different? • Sovereign Immunity • Mandated Procedures • Strict Standing Rules • Designated Forum

  7. Overview of Procurement Disputes: • Bid Protests • Hey, that’s my contract! • Claims • You owe me money! • Termination, Debarment and Suspension • You can’t fire me! Audits and Investigations • Where are you going with that gun in your hand?

  8. Procurement Disputes: ADR • Bid Protests • Claims • Termination, Debarment and Suspension • Investigation and Audit

  9. Procurement Disputes: Non-Party Actors • Media • Independent Watchdog groups • Freedom of Information • Whistleblowers

  10. Procurement Dispute Issues • Legal Authorization to Conduct ADR • Pre-Dispute Resolution • Perception of Corruption • Confidentiality • Other Proceedings – Criminial. • Other Aspects – Knowledge, Not for truth of the matter asserted. • Enforcement – “Don’t smell that skunk.” • Sunshine Laws and Third Parties.

  11. Making and Saving Deals in the Global Business Environment:Dispute Resolution in Public Procurement Jason P. Matechak, Esq. Reed Smith LLP 1301 K Street, N.W. Suite 1100 - East Tower Washington, D.C. 20005 (202) 414-9224 jmatechak@reedsmith.com www.reedsmith.com

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