Papers by Christopher Yukins
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Public Procurement and Aid Effectiveness, 2019
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President Trump recently issued an executive order, EO 13881, 84 Fed. Reg. 34257 (July 15, 2019),... more President Trump recently issued an executive order, EO 13881, 84 Fed. Reg. 34257 (July 15, 2019), calling for more aggressive application of the Buy American Act. The new order calls for the Federal Acquisition Regulatory Council to strengthen domestic preferences under the Act. The order was long predicted as another step in the Trump administration’s advancing protectionism. Indeed, most of the Trump administration’s protectionist initiatives have been foreseeable from the outset, for the Trump administration has consistently embraced those initiatives that provide maximum political benefit at minimum cost. But developments since Trump took office—including new data that show that the Buy American Act applies to a markedly small portion of federal procurement, and emerging electronic marketplaces that could swallow up much of that small market share—may mean the new executive order has far more impact politically (both in the U.S. and abroad) than it does practically.
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The COVID-19 crisis upended markets and assumptions in public procurement, and posed an almost ex... more The COVID-19 crisis upended markets and assumptions in public procurement, and posed an almost existential threat to traditional procurement systems. Seismic changes in economic relationships – governments were no longer monopsonists, government officials failed as economic intermediaries between suppliers and the public, and supplies that were traditionally treated as private (such as medical equipment) suddenly became “public” goods under worldwide demand. Traditional trade rules were rendered irrelevant, as the goal was no longer simply to open individual procurements but rather to open borders to intense global demand. Although the disruption was revolutionary, ironically the solution is to return to first principles of transparency and integrity to preserve governments’ fragile legitimacy in a crisis.
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Proposals to the U.S. General Services Administration are due soon in a $6 billion procurement un... more Proposals to the U.S. General Services Administration are due soon in a $6 billion procurement under which multiple no-cost contracts will be awarded to vendors that will open electronic marketplaces to federal users making micro-purchases (generally up to $10,000). Although federal purchase card holders have long been able to make micro-purchases with few regulatory constraints regarding competition, transparency or socioeconomic requirements, this new initiative appears likely to normalize and expand those purchases—and so may revolutionize small purchases in the federal market. This article assesses some of the key concerns—from cybersecurity to bid protests to pricing—that still surround this important initiative.
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Revista Digital de Derecho Administrativo, 2021
Este artículo proporciona una introducción al derecho de la contratación estatal de los Estados U... more Este artículo proporciona una introducción al derecho de la contratación estatal de los Estados Unidos, especialmente el derecho federal, que está más desarrollado que el derecho de los estados o el derecho local, y que tiene lecciones que pueden ser útiles para otros sistemas. El artículo se divide en siete partes y su análisis abarca la historia, que ha dotado al sistema de sus características actuales; el acceso al mercado y las potenciales barreras de entrada; los principales métodos de contratación en el sistema federal; los principales tipos de contratos; el sistema de protestas para los oferentes agraviados; y los mecanismos de protección anticorrupción del sistema estadounidense. Todos estos elementos actúan como piezas de un engranaje que, sin ser perfecto, ha evolucionado a lo largo de los años para llegar a ser un régimen de contratación estatal que es, a la vez, complejo y maduro.
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Ensuring efficiency and integrity throughout the public procurement cycle is essential to a sound... more Ensuring efficiency and integrity throughout the public procurement cycle is essential to a sound allocation of taxpayers' money. Yet public contracts are plagued by corruption, collusion, favoritism and conflicts of interest. This book addresses these problems from sophisticated, academic, institutional and practical perspectives. The book's ambition is to shape the public debate in the procurement community by highlighting how corruption implies violations of fundamental rights and undermines the fiduciary relationship between citizens and public institutions. The analysis underlines how corruption may stem from - and yet be resolved - through the exercise of discretion in the public procurement system. Focusing on the effects of public corruption and private collusion on procurement integrity, the book marks the features of misconduct and suggests needed counter-measures. The work also emphasizes that the pursuit of efficiency and integrity in public contracts must be roo...
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Bid protests — vendors’ challenges to contracting officials’ errors, either before or after award... more Bid protests — vendors’ challenges to contracting officials’ errors, either before or after award — have been an established part of federal procurement for at least a century. Protests (sometimes called “challenges” or “remedies proceedings” abroad) are a recognized bulwark against corruption in the United States, and have become a standard part of procurement systems around the world, often at the urging of the United States. But new proposals being considered for U.S. government procurement in practice could dramatically limit bid protests, in the name of streamlining the procurement process. This drastic change to U.S. procurement practices could violate international agreements under which the United States has agreed to maintain an effective bid protest system, and could raise new risks of corruption in procurement.
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The year 2015 saw major structural changes to international procurement rules -- including (1) a ... more The year 2015 saw major structural changes to international procurement rules -- including (1) a proposed Trans-Pacific Partnership (TPP) trade agreement which will impact procurement, and important shifts in Canada’s laws regarding contractor debarment and exclusion (discussed here by Brenda Swick), (2) European procurement laws which favor open, multilateral negotiations (Hans-Joachim Priess), and (2) new, more liberal procurement policies at the World Bank (Christopher Yukins) -- all of which are likely to help open procurement markets around the world. This article, prepared for presentation at the February 2016 Thomson-Reuters Year in Review conference in Washington, D.C., surveys these developments and discusses their future implications.
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Governments may exclude vendors from procurement awards for many reasons, including poor performa... more Governments may exclude vendors from procurement awards for many reasons, including poor performance and corruption. Excluding a vendor, whether from a particular procurement (deciding that the vendor is not qualified for award) or from an entire procurement system (suspending or debarring the vendor), calls for a complex assessment of the performance and reputational risks posed by that vendor, and of the costs of exclusion. As the EU’s Member States shape their exclusion systems consistent with the EU’s procurement directives, the Member States may wish to draw on U.S. strategies for managing risks in contractor qualification: requiring that contractors establish strong internal controls, centralizing the management of vendor exclusions, and using administrative agreements and independent monitors which allow agencies to mitigate risks even as they, and their vendors, avoid the disruption that suspension and debarment may cause. These U.S. strategies align well with the EU procure...
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Trade, Law and Development, 2015
Many member nations of the World Trade Organization (WTO) have joined the Government Procurement ... more Many member nations of the World Trade Organization (WTO) have joined the Government Procurement Agreement (GPA), a plurilateral agreement which aims to open public procurement markets. Joining the agreement reflects a commitment to international free trade, and to the rule of law in public procurement. A revised version of the GPA entered into force in 2014, and incorporated many amendments intended to make it easier for developing nations join the GPA. Among other things, the revised GPA now allows developing nations acceding to the GPA to open their public procurement markets more slowly, various transitional measures. This article reviews those changes, and discusses possible solutions to some of the practical and legal hurdles which nations face, as they consider accession to the GPA.
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SSRN Electronic Journal, 2016
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SSRN Electronic Journal, 2018
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SSRN Electronic Journal, 2015
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The George Washington International Law Review, Apr 1, 2013
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Papers by Christopher Yukins