chapter  Chapter 1
25 Pages

The Essential Principles and Structure of the United States Legal System

WithMichael Flynn, Kirk W. Buffington, Richard Pennington

Regardless of where one might be from, there are several essential principles that inspire and underline the structure of the United States legal system. Foundationally, the legal system rests on statutory, common, and administrative law, but the relevancy of this tri-pronged approach is truly built upon the history of statutory law relating to public procurement, including an updated review of legal precedents affecting the protection of market competition. From this brief overview, it is clear that the legal context for procurement and contracts is complicated, comprehensive, and copious. The task for the public procurement officer is to successfully navigate through the legal maze of public procurement contracts by understanding and applying statutory, common, and administrative laws to each legal situation. As public procurement professionals gain an understanding and appreciation of the legal structure, they add substantial value to the procurement function as a source of authority.