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In this episode, Marta and Willem explore the resurgence and presence of buy local policies in the public procurement context. They discuss it broadly on a global scale, and then zoom in on specific buy local implementation issues when it comes to the procurement of food by public authorities. What to do with criteria and condition related to zero miles, EU geographical indicators, time of delivery or short supply chains? For dessert, they share how they overcome the initial hesitation of professionals and students when it comes to public procurement law as a field of study and expertise.
Read more about it in this study: M. Andhov, M. Kania, S. Mikulic 'How to Procure Sustainable Food and Include Farmers in Public Procurement? - Legal Constraints and Opportunities' (via: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4826088)
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Episode Transcript
Willem Janssen [00:00:00] Welcome to the BESTEK, the Public Procurement Podcast. Today, Marta and I are talking to Steven Schooner about sustainability and public procurement in the US and publishing in American journals.
About Bestek [00:00:17] Welcome to Bestek, the public procurement podcast. In this podcast, Dr. Willem Janssen and Dr. Marta Andhov discuss public procurement law issues, their love of food, and academic life. In each episode, Willem, Marta, and their guests search for answers to intriguing public procurement questions. This is Bestek. Let's dish up public procurement law.
Willem Janssen [00:00:41] Morning. Good afternoon everyone.
Marta Andhov [00:00:43] Hello. Hello, how are you?
Steven Schooner [00:00:46] It's great to be here. And I have to say, I applaud both of you for this enterprise. I'm really impressed with the the fact that you started this and that you've stuck with it. And my only disappointment is I'm not in Utrecht doing the recording because I really wanted to be there to experience your bicycle infrastructure. But I expect we'll get back to bicycle infrastructure, as we talked about where we're trying to get over time. So we'll come back to that.
Willem Janssen [00:01:07] But I'm sure we'll totally get back, get back to that. Uh, I have to say, so we're broadcasting live from two continents and three countries at the moment. So Marta is located in Copenhagen. Steve, you're in in Washington, DC at the law school there, and I'm at Utrecht, uh, in my attic whilst the rain is trickling down my window. So, uh, let's see where that takes us. Um, and, uh, before we get started, it is my pleasure to to introduce, uh, you, Steven Schooner. Professor. Uh, I don't think you require much introduction to be honest.
Steven Schooner [00:01:40] I hope not.
Willem Janssen [00:01:40] But but, uh, I'll still give it a very brief - with your permission- go with the Nash & Cibinic Professor of government procurement law at the George Washington University. And, um, you started talking about cycling already, so I'm not too nervous to actually say that you're also a passionate cyclist. Is that correct?
Steven Schooner [00:01:59] Absolutely. And on a good day, I bike commute, but we have relatively good infrastructure here. But definitely not up there with the best in the world. But I think we're moving in the right direction.
Willem Janssen [00:02:09] I was amazed actually, because when I, when I visited your law school in 2014, I actually cycled to work every day and for for, if I may say so, for an American city, uh, it's very, very much possible to cycle to work there. -
In this episode, Willem and Marta discuss visual contracting in the context of public procurement. Can it improve the contracting process? If so, how? They explore the potential of visual contracts and possibilities to apply it in the public sector based on Marta's forthcoming publication in PPLR. For desert, they look at their best and worst presentations to share their learnings from them.
TABLE OF CONTENT
0:00 Entrée2:07 Agenda 5:39 The Main 5:39 Introducing the concept of visual contracting 13:16 What are the potential limitations 18:14 Types/models of visual contracting24:48 Can visual contracts satisfy “in writing” requirement?27:48 Does the requirement of compulsary content and form limit the possibility of visual contracting?32:42 What about the clarity and interpretation of visual contracts?36:22 Dessert 37:13 Presentation we wish never happened41:59 Presentation we are proud of45:00 Outro -
Manglende episoder?
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In this episode, Marta and Willem delve into the complex and critical world of US public procurement and sustainability with Steven Schooner from George Washington University Law School. They ask intriguing questions such as: What does the landscape of public procurement look like across different development tiers in the US, and how does sustainability fit into this picture? Why are executive orders and market integration pivotal in shaping sustainable procurement practices? How can we effectively operationalize regulations to create a more sustainable and efficient system of government contract law? Finally, for the dessert, they switch gears to compare American and European legal scholarship and publishing cultures.
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In this episode, Annamaria La Chimia (Nottingham University) and Marta discuss the fascinating world of development aid and procurement. What does this world look like? Where do interesting procurement questions pop up? Why should all of us know more about this international side of public procurement? Tune in now to learn more. In the dessert section, they discuss leadership in academia. What does it mean in the context of PPLG and academia more broadly, and how is it relevant to create an even better academic world?
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In this episode, Marta and Willem start by discussing the role of public procurement law in addressing climate change, emphasizing its supportive capacity in mitigation efforts and how it interacts with various legal disciplines, including environmental, competition, and constitutional law. For the main, they dig into the nuances of sustainable procurement, emphasizing the distinction between policy and law, and introduce the concept of "low emission procurement" as a targeted approach to address emissions in public purchasing practices. More precisely, they emphasize the shift from traditional procedural rules to target-oriented approaches and the challenges of implementing and enforcing these targets, highlighting the increasing integration of environmental considerations into procurement law and the need for professionals to be versed in various related legislations (e.g., EU Clean Vehicles Directive, Batteries Regulation, Net-Zero Act, Deforestation Regulation). Finally, for the dessert, they reflect on the challenges of venturing into scientific fields outside their primary expertise, exemplified by their foray into environmental law.
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In this episode, Marta invites Willem to discuss his new book (co-edited with Roberto Caranta) on mandatory sustainability Requirements in EU Public Procurement Law. (out in October at Hart) Why is this topic in which the EU seems to move from regulating 'how to buy' towards 'what to buy' in need of discussion? What academic questions are relevant to ask for all those involved in sustainable public procurement? How will this affect procurement practices in the EU and what can be improved in the future? For dessert, they discuss academic summers. How to unwind in light of the need to finish stuff as well?
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In this episode, Marta Andhov talks with Dominic Dagbanja - a senior law lecturer and researcher (University of Western Australia) specialising in international investment law and in the consequences of investment and trade treaties for public interest regulation. They start by pointing out to practical relevance of knowing about the intersection of public procurement and free trade agreements. Further, they meticulously discuss the issue of balancing between free trade and sustainability considerations. In addition to this, they also geek out on the topic of never more frequent incorporation of public procurement provisions in free trade agreements. For dessert, they share their experiences of living the lives of academic nomads.
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In this Bestek podcast episode, Marta and Willem discuss proportionality (the Dutch way) and edited volumes. First, they start by explaining why the proportionality principle is essential in the EU and public procurement law context. Further, they dig into the Dutch proportionality guide. They focus on discussing its purpose, legal standing and content. For the dessert, the hosts talk about the challenges of managing multi-contributor volumes.
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`In this episode, Willem and Marta discuss the Foreign Subsidies Regulation and it's impact on public procurement. How will this new regulation affect public procurement procedures? What are initial discussion points? And how could they be resolved? For desert, they discuss events after the pandemic. What are relevant choices in organising events in this new era?
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In this podcast episode, Marta and Willem discuss CJEU Judgments in Sanresa (C-295/20) and Klaipėdos (C-927/19). In doing so, they pay special attention to Article 58 of Directive 2014/24/EU, the Court's differentiation between technical specification, selection criteria and contract performance conditions, and the differentiation between economic standing and the ability to pursue professional activity within the selection criteria. For the dessert, the hosts talk about levelling the playing field in academia by acknowledging privilege.
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In this episode of Bestek, the public procurement podcast, Willem and Marta discuss reserved procedures and the ASADE (C‑436/20) and Conacee (C-598/19) Judgements in the context of socially responsible public procurement. They focus on two explicitly legislated reserve procedures - those for sheltered workshops and social enterprises - and discuss how these procedures fit into the broader context of public procurement law. They also address the fear and risks associated with providing preferential treatment to certain groups in society. For the dessert, the hosts discuss their roles as academics and the importance of independence in their work.
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In this episode, Marta and Willem dig into the Clean Vehicles Directive and its implications for public procurement. In doing so, they put it into the context of the EU Green Deal. They also briefly touch on the specificities of the CV Directive and its revision. Most importantly, they emphasize first sectoral mandatory sustainable criteria imposed on public procurers and economic operators. Additionally, they discuss the changing roles of public procurers and the need for an additional set of knowledge due to sustainability efforts. For the dessert, they advise how to approach choosing the publication language by considering their target audience and evaluations.
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In this episode, Marta, Willem, and their guest, dr. Rasmus Horskjær Nielsen discuss award criteria and evaluation methods in public procurements. In doing so, Rasmus explains the difference between relevant and controllable competition concepts. In addition, they debate whether there is such a thing as objective criteria For the dessert, you can hear what Rasmus would do differently if he did his PhD again.
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In this episode, Marta and Willem, along with their guest Prof. Ole Hansen discuss the modification of construction contracts. They explore why in practice, there is often a need for modification in construction contracts and how it is addressed with reference to principles of loyalty and reciprocity. They point out that the rules concerning modification of public contracts do not always represent the commercial reality but merely focus on what is promised in the tender. For the dessert, they argue contract law perspective in public contracts is welcomed.
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In this episode, Willem & Marta welcome guest Dr. Alexandra Andov and discuss the topic of digital technologies and contract management. They explore the distinctions between contract formation and contract execution, as well as the use of digital technologies in the management phase, such as negotiation, electronic signatures, computational contracts, and transparency. For dessert, they open up about their own experience in becoming Associate professors by sharing one aspect that has changed since.
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In this episode, Willem & Marta discuss both the differences and analogies between framework agreements and public contracts. They delve into the national case law and highlight practical issues arising from this differentiation. For the dessert, they tackle the question of how to deal with the criticism in Academia and give advice on how to give constructive feedback.
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In this episode, Marta and Willem discuss sustainable food procurement. They focus on current problems with food systems and the importance of food. Furthermore, they dig into the legal difficulties public procurers face when they attempt to buy sustainably. Some of the pain points they discuss are certification, localism, freshness requirements, seasonality, and promotion of small farmers and SMEs. For the dessert, they advise on how to track research progress.
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In this episode, Marta and Willem explore competitive obligations outside the Classic Directive. They focus on a recent Dutch Supreme Court case of Didam in which the equality and transparency principles were deemed to apply to the sale of land by a Dutch municiplatie. This has led to a plethora of legal questions in the Dutch context. Their call to action: is the sale of law distributed competitively in your MS? For dessert, they consider the importance of networking for academics.
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