chapter  Chapter 2
23 Pages

The Fundamentals of Procurement Law and Procurement Authority

WithMichael Flynn, Kirk W. Buffington, Richard Pennington

A threshold consideration is the government’s authority to procure and its agents’ authority, as defined by the law of agency. Procurement professionals—as the authorized agents of public entities—follow a variety of laws that govern procurement of supplies, services, and public works (construction). The ABA Model Procurement Code for State and Local Governments is covered in some depth because it is the closest to a common framework we have for use in the United States, and it is adopted at least partially in half the states and many municipalities. But relevant laws do not end with procurement codes. Budget and finance laws, digital commerce legislation, and laws governing cooperative procurement all are examples of other laws with which public procurement professionals must be familiar. This chapter also discusses the Uniform Guidance regulations that govern federally funded procurement and impact the public procurement function.