VII Annual Conference: Government Procurement of the Americas Santo Domingo, Dominican Republic Panel: Regulatory Framework for Procurement The UNCITRAL.

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Presentation transcript:

VII Annual Conference: Government Procurement of the Americas Santo Domingo, Dominican Republic Panel: Regulatory Framework for Procurement The UNCITRAL Model Law and Anti-Corruption: A Case Study Professor Christopher Yukins George Washington University Law School Washington, D.C. October 2011

George Washington University Law School 50+ Years of Public Procurement Law Government Procurement Law Program – Est. 1960

Procurement Study Centers Birmingham Warsaw Nottingham Rome Paris Washington, D.C. Aix-en-Provence Bochum Beijing Hawaii Cape Town Buenos Aires Procurement Study Centers

Introduction: Aspects of Transparency Under UNCITRAL Model Law Information on Possible Procurement Optional Enhances planning Communication During Procurement Must be recordable Must be constant form Law Must Be Published Statutes & regulations Rulings Terms of Solicitation Must Be Clearly Stated Award Process Transparent, To Winner, Losers, and Public 4 20. 2. 2018

Why Is Transparency Important in Procurement? Purchase Agent Principal Bribery? Gratuity? Personal conflict of interest? Organizational conflict of interest? “Kickback” to vendor? Fraud? Collusion? Other forms of market barriers? 5

Principal Purchase Agent Purchase Principal Principal 6

What Is a Conflict of Interest? Corruption? 7 What Is a Conflict of Interest? Corruption? Agent Principal Principal

Addressing a Conflict of Interest Agent Purchase Principal Monitoring Sanctions 8

Addressing a Conflict of Interest - Sanctions Agent Purchase Principal Monitoring Sanctions 9

Fixing a Conflict of Interest: Transparency = Monitoring 10 Agent Purchase Principal Monitoring Sanctions Fixing a Conflict of Interest: Transparency = Monitoring

Conclusion Christopher Yukins cyukins@law.gwu.edu +1 202 994 9992 Mobile +1 703 304 4773 20. 2. 2018