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NCJRS Abstract

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NCJ Number: 66824 Find in a Library
Title: BLUEPRINT FOR IMPROVING PUBLIC PROCUREMENT - ABA (AMERICAN BAR ASSOCIATION) ADOPTS MODEL PROCUREMENT CODE FOR STATE AND LOCAL GOVERNMENTS
Author(s): O S HIESTAND
Date Published: 1979
Page Count: 4
Format: Article
Language: English
Country: United States of America
Annotation: SUBSTANTIVE PROVISIONS OF THE AMERICAN BAR ASSOCIATION'S (ABA) MODEL PROCUREMENT CODE FOR STATE AND LOCAL GOVERNMENTS ARE SUMMARIZED AND IMPLEMENTATION CONSIDERATIONS DISCUSSED.
Abstract: AFTER JUST OVER 5 YEARS OF INTENSIVE STUDY AND DRAFTING BY STATE AND LOCAL PURCHASING OFFICIALS, ASSOCIATIONS INTERESTED IN PUBLIC PROCUREMENT, AND ATTORNEYS KNOWLEDGABLE IN PUBLIC CONTRACTING, THE HOUSE OF DELEGATES OF THE ABA ADOPTED A MODEL PROCUREMENT CODE FOR STATE AND LOCAL GOVERNMENTS ON FEBRUARY 13, 1979. THE MODEL CODE CREATES A POLICY OFFICE AT THE STATE LEVEL WITH OVERALL RESPONSIBILITY FOR CONTROLLING AND MONITORING THE PROCUREMENT PROCESS. IT PROVIDES A BALANCED APPROACH TO CENTRALIZING THE AWARD AND ADMINISTRATION OF PUBLIC CONTRACTS AND AUTHORIZES THE USE OF ALTERNATIVE SOURCE SELECTION METHODS THAT PERMIT QUALIFIED PROCUREMENT OFFICIALS TO ACHIEVE THE BEST COMPETITION IN EXISTING MARKETPLACES FOR THE TYPE OF SUPPLIES OR SERVICES REQUIRED. A NUMBER OF FEDERAL CONCEPTS FOR CONTRACT FORMATION AND ADMINISTRATION ARE USED; FOR EXAMPLE, CERTIFICATION OF COST OR PRICING DATA AND PRICE ADJUSTMENTS FOR DEFECTIVE DATA; MULTIYEAR CONTRACTS; INSPECTION OF FACILITIES AND AUDIT OF CONTRACTOR RECORDS; AND USE OF CHANGES, STOP WORK, AND DIFFERING SITE CONDITIONS CLAUSES PROVIDING FOR PRICE ADJUSTMENTS. THE CODE ALSO ESTABLISHES A COMPREHENSIVE REMEDIES SYSTEM COVERING BID AND AWARD PROTESTS, PERFORMANCE AND BREACH OF CONTRACT DISPUTES, AND SUSPENSION AND DEBARMENT ACTIONS. THE CODE ESTABLISHES AN ABSOLUTE RIGHT OF BIDDERS AND CONTRACTORS TO HAVE THEIR GRIEVANCES HEARD IN COURT IN THE SAME MANNER AS PARTIES TO COMMERCIAL CONTRACTS. LONG AND STEADY EDUCATIONAL EFFORTS ARE ANTICIPATED FOR THE CODE TO GAIN WIDESPREAD ACCEPTANCE AND USE. (RCB)
Index Term(s): American Bar Association (ABA); Government contracting; Model law
Note: REPRINT FROM CONTRACT MANAGEMENT, V 19, N 4 (APRIL 1979)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66824

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