Document Type

Book

Publication Date

2024

Abstract

Before beginning to immerse yourself in the materials presented in this resource, consider the following fundamental questions:

1) What should the overall objectives of government procurement law be?

2) How could we tell if the system is working well or if it, on the other hand, requires significant reform?

3) What groups in society ought to be protected by the body of government procurement law? What are their interests that ought to be protected? (There is room for some real debate on this issue: Consider what a “Tea Party” advocate might say? What a defense industry advocate might say? What a progressive might say? What an old line liberal might say? Can you see how one might reconcile their positions?)

4) To what extent should the body of government procurement law in the United States, or in any one nation, respond to the interests of segments of the international community? Put another way, should government procurement law be viewed as a branch of the law of international trade?

5) Considering the objectives that you have identified, and the interests to be protected that you would recognize, are some of these in tension with others? We will be working on these questions all year long. But it is good to take a first crack at them before your head is filled up with lots of black letter law about government contracts. This will help in thinking about what the law ought to be, which might be different (in some respects, at least) than what it is.

Comments

The document provided for download is provided with the permission of the author and Professor Daniel Schoeni, NCR Professor of Law and Technology in the University of Dayton School of Law. Permission documentation is on file. The document is under revision to achieve compliance with Title II web content accessibility guidelines. It will be updated upon completion. Copyright © 2024. All Rights Reserved.

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