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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


Event details
The Council Room, First FloorKing's Building
Strand Campus, Strand, London, WC2R 2LS