BESTEK - The Public Procurement Podcast

In this episode, Marta and Willem invite a long-time listener and supporter of the Bestek podcast and a postdoctoral fellow at PurpLE, Ezgi Uysal, to discuss her research on the topic of sustainability contractual clauses (SCCs) in public procurement contracts. The podcast begins with Ezgi briefly explaining what the SCCs are and what makes them unique, before quickly diving into a discussion about the contractualization of sustainability in public procurement. The speakers then examine different types of SCCs as well as challenges concerning enforcement. They discuss the potential consequences of the failure of contracting authorities to enforce said obligations. Additionally, the speakers argue in favour of the need for improvements in contract management to deliver sustainable public procurement and communication between the contract-drafting and contract-managing teams and discuss whether these problems could be solved by a legislative intervention. For dessert, Ezgi reflects on her PhD experience and provides some heartfelt advice for the first-year PhD students and beyond.

In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss a particularly exciting topic - the upcoming reform of the EU's Public Procurement Directives. They begin by describing the reform's timeline and discussing how it is being affected by the current geopolitical setting. In their discussion, they assess the focal points of the reform, as described by reports of Enrico Letta and Mario Draghi. The speakers then provide their personal opinions, perceptions, and concerns while discussing their key takes from the two reports. These include, among others: the calls for simplification, flexibilization, and a more strategic and inward-looking approach to the European public procurement, the concerns around the enduring low competition, and the lack of focus on green and social aspects of procurement. For dessert, the speakers once again discuss academics, focusing on alternative ways of examination. They evaluate their own experiences with the less typical ways of testing to provide their opinion of how and why they should be used.

In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss circularity, and how it relates to public procurement. The hosts begin by introducing the concept of circularity, its promises as well as some points of skepticism. They also explain the concept of the R scale - a useful tool in determining the circularity of an economy. They then move on to the legal aspects and ask how public procurement could be used to encourage circularity and what are the main challenges and uncertainties behind circular public procurement. Willem also introduces his project CIRCLASH. Finally, for today's dessert section, Marta and Willem talk about procurement awards. They discuss the added value of these events, describe their hopes and perspectives, and also provide the listeners with several procurement-related law competitions that could be interesting for students, practitioners, and academics alike.

In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss the intersection of public procurement and contract law. The topic of the research project PurpLE (Purchase Power – Sustainable Public Procurement Through Private Law Enforcement) led by Marta. This episode provides an introduction to an upcoming series of episodes that will dive deeper into its individual aspects. The hosts provide a general overview of how public procurement contracts are perceived across the EU within its many Member States, differentiating between the two models of approach - the administrative approach present in, for example, France or Spain, and the more civil commercial one presented in the Netherlands, Poland, Germany, and across Scandinavian Countries. They outline the need to differentiate two phases; the pre-contractual and post-contractual, as legal frameworks differentiate between them. Marta & Willem briefly introduce what type of practical and relevant issues arise in each of the mentioned phases, for example, the possibility of culpa in contrahendo, the issues of interpretation, and termination to name a few. Finally, for dessert, they switch gears and talk about the instances where public procurement appeared in the entertaining world of pop culture. How the pop culture references can be used and what should be your new movie, or series to watch if you want to combine your passion for procurement with some entertainment?

In this episode, Marta and Willem discuss interdisciplinary work in public procurement and law in general. They reflect on their many personal experiences of working across disciplines and examine the recent push for interdisciplinary work in academia. They evaluate the positives, the negatives, and the relevance of both simple mono-disciplinary work in public procurement law, and inter-disciplinary collaborations and projects, focusing on the most common challenges and how to overcome them. In their discussion, they emphasize the importance of openness and mutual understanding in interdisciplinary collaborations. They discuss the optimal time for crossing disciplines during one's studies and finally, for dessert, they talk about their approaches to teaching the interdisciplinary aspects of public procurement to their students.

In this episode, Marta and Willem explore the latest developments in EU Public Procurement, focusing on the new exclusion grounds introduced by sectoral legislation following the European Green Deal. They begin by outlining the framework of mandatory and voluntary exclusion grounds established under European Directive 2014/24/EU before delving into specific examples of new sectoral legislation that has expanded these grounds. Throughout the conversation, they address key questions such as: How do these new exclusion grounds align with the traditional goal of ensuring contractor reliability, and to what extent do they represent a shift towards a more punitive approach? What roles do contracting authorities and enforcement agencies play in ensuring compliance with these new measures? And do the penalties incentivize contractors to engage in self-cleaning? In the final segment, the hosts share their current personal reading recommendations and reflections.

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) Your Title Goes Here Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings. 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 deze aflevering spreekt Willem met Tjinta Terlien (PLOUM) over de energietransitie en het aanbestedingsrecht. Aanbesteden en de energietransitie: so what? Hoe ziet het juridische kader eruit en knelt het of niet? Wat betekenen de nieuwe verplichtingen voor NettoNul, Batterijen en Gebouwen? Deze vragen en meer worden bediscussieerd vanuit het perspectief wat het betekent voor de aanbestedingspraktjk.

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.

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.

In this episode, Vitezslav Titl and Willem discuss single bidding in the EU, based on a current debate about the lack of interest in public procurement from the side of the market. Sparked by the report by the Court of Auditors, and due to developments in many of the Member States, they discuss Vita's research on this topic and how the legal changes implemented in Czechia could inspire other Member States to increase the amount of bids. For desert, they consider what he would change in public procurement if he had a magic wand. Want to read more? Have a look at his academic work here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3954295

In this episode, Vitezslav Titl and Willem discuss single bidding in the EU, based on a current debate about the lack of interest in public procurement from the side of the market. Sparked by the report by the Court of Auditors, and due to developments in many of the Member States, they discuss Vita's research on this topic and how the legal changes implemented in Czechia could inspire other Member States to increase the amount of bids. For desert, they consider what he would change in public procurement if he had a magic wand. Want to read more? Have a look at his academic work here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3954295

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.

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.

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?

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?

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.

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.

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?

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?

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.

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.

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.

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.

`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?

`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?

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.

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.

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.

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.

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.

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.

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. 

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. 

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.

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.

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.

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.

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.

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.

In this episode, Willem and Marta discuss the role of public procurement law in the development towards more servitization. They also touch upon the problems that arise due to servitization trends and how to solve them. For dessert, they discuss all male panels in academia ('manels').

Will our future economy move from buying products to purchasing services? In this episode, Willem and Marta discuss the role of public procurement law in the development towards more servitisation. For dessert, they discuss all male panels in academia ('manels').

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.

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.

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.

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.

In this episode, Willem & Marta discuss access to public contracts for citizens' initiatives and social enterprises. They delve into the hurdles they face, the legal possibilities for contracting authorities to stimulate them, and future options to extend those options. For the finale, they discuss how to conference.

In this episode, Willem & Marta discuss access to public contracts for citizens' initiatives and social enterprises. They delve into the hurdles they face, the legal possibilities for contracting authorities to stimulate them, and future options to extend those options. For the finale, they discuss how to conference.

In this episode, Marta and Willem discuss the role of objectives in public procurement law. Is the objective of ‘public procurement' and the objective of ‘public procurement law' the same? How does the EU objective relate to national objectives? And: why should we care about them for the sake of interpretation? For dessert, they talk about social media and academic life.

In this episode, Marta and Willem discuss the role of objectives in public procurement law. Is the objective of ‘public procurement' and the objective of ‘public procurement law' the same? How does the EU objective relate to national objectives? And: why should we care about them for the sake of interpretation? For dessert, they talk about social media and academic life.

In episode 13 of the podcast, Marta and Willem discuss the Icelandic Equal Pay mandatory standard. Particularly, the possibilities and limitations of its applicability in public procurement. For the dessert, our hosts share with our audience upcoming PhD courses in public procurement.