You Be the Judge
(Room Chino B)
10 Jan 18
3:15 PM
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5:00 PM
In the common law tradition, case law regulates, via precedents, how laws are to be understood, based on how prior cases have been decided. Case law governs the impact court decisions have on future cases. In this interactive session, participants will review relevant case law facts on several public procurement cases, consider the arguments from each party, and then discuss the possible outcomes. The instructor will then reveal the final case decisions and discussion will follow with the impact on the public procurement profession. Cases will be relevant to all types of government agencies and include topics such as RFP protests, contract compliance, non-compliant bids, mandatory requirements, and specification conflicts. Litigation is an ugly word in public procurement. None of us want to be so exposed to the public and courts scrutiny that every process and statement are analyzed for fairness and accuracy. However, it does happen and understanding recent court cases, the arguments presented and the outcomes assist procurement officials in establishing policies and procedures to better protect their agency and to establish fair and transparent access for suppliers. At the conclusion of this session, participants will be able to critique facts presented on previous public procurement case law issues and determine possible conclusions based on knowledge of public procurement best practices, construct arguments to support their determination of why one party should prevail over the other and to justify projected outcome; and communicate knowledge and experience with peers to differentiate opinions.