NCJ Number
60126
Date Published
1979
Length
38 pages
Annotation
THE AMERICAN BAR ASSOCIATION'S (ABA) MODEL PROCUREMENT CODE FOR STATE AND LOCAL GOVERNMENTS, A JOINT EFFORT OF THE ABA SECTIONS OF PUBLIC CONTRACT LAW AND URBAN, STATE, AND LOCAL GOVERNMENT, IS DESCRIBED.
Abstract
THE FIRST COMPREHENSIVE STUDY OF PURCHASING PRACTICES OF STATE AND LOCAL GOVERNMENTS WAS CONDUCTED BY THE NATIONAL ASSOCIATION OF STATE PURCHASING OFFICIALS (NASPO) UNDER THE SPONSORSHIP OF LEAA. IN 1975, LEAA LAUNCHED ITS SUPPORT FOR THE ABA'S PROJECT TO TRANSLATE THE MAJOR FINDINGS AND RECOMMENDATIONS OF THE NASPO REPORT INTO LEGISLATIVE PROPOSALS. THE CODE IS A COMPREHENSIVE STATUTE WHICH SETS FORTH FUNDAMENTAL PRINCIPLES AND POLICIES ESSENTIAL FOR THE EFFICIENT OPERATION OF A MODERN PURCHASING SYSTEM FOR USE BY STATES AND LOCAL GOVERNMENTS. THE LEGISLATIVE AND ANTICIPATED REGULATORY PROPOSALS ARE PRIMARILY AIMED AT MODERNIZING THE PUBLIC PURCHASING PROCESS TO PROVIDE MORE EFFICIENT AND ECONOMIC EXPENDITURES OF TAX DOLLARS. THE CODE IS DIVIDED INTO 12 ARTICLES, EACH OF WHICH ADDRESSES A MAJOR ELEMENT OF PUBLIC PROCUREMENT. IN RECOGNITION OF THE DIVERSITY OF PUBLIC PURCHASING NEEDS IN DIFFERENT STATES, THE CODE IS PRESENTED AS A MODEL RATHER THAN A UNIFORM STATUTE. OVER 200 PROJECT VOLUNTEERS PARTICIPATED IN THE DRAFTING EFFORT FROM THE OUTSET, AND PUBLIC REVIEW OF CODE DRAFTS WAS EXTENDED OVER 4 YEARS. IN 1977 A PILOT JURISDICTION PROGRAM WAS LAUNCHED TO OBTAIN A WIDER BASE OF PRACTICAL INFORMATION FROM STATE AND LOCAL OFFICIALS. THE CENTRAL ELEMENT IN EACH PILOT JURISDICTION WAS THE MODEL PROCUREMENT CODE WORKING COMMITTEE. THIS GROUP COMPARED THE JURISDICTION'S EXISTING PURCHASING LAWS AND PRACTICES WITH THE PROVISIONS OF THE MODEL PROCUREMENT CODE. PROJECT FUNDING WAS PROVIDED BY BOTH FEDERAL AND STATE SOURCES. THE CODE IS DESCRIBED BRIEFLY IN THE REPORT AND APPENDIXES CONTAIN A TABLE OF CONTENTS TO THE CODE; SPECIFIC ACTIVITIES IN PILOT JURISDICTIONS; AND NAMES OF COMMITTEES AND COORDINATORS WHO WORKED ON THE PROJECT. (MJW)