PUBLIC WORKS CONSTRUCTION AND THE MODEL PROCUREMENT CODE

Although most persons representing state or local government in the process of public contracting have probably heard of the Model Procurement Code Project, it seems that few have any appreciable knowledge of the background of the project, or of the details of the proposed code. The latest publicly circulated draft of the code was indeed a formidable document--some 300 pages of proposed statutes, regulations, and commentary, with the promise of additional material to follow. It is easy to overlook the relationship of a "Procurement" code to construction contracts, because to many persons the term procurement is synonymous with purchasing, to the exclusion of construction. Therefore, the temptation is great for persons whose major interest is construction to avoid wading through the mass of material which may appear on the surface to be merely an academic exercise relating to "purchasing," with no relevance to public works construction. The Model Procurlement Code, however, would apply to all types of public contracts--including contracts for purchasing, construction, and services, and even to contracts for real property leases and the disposal of property. However, make no mistake in the fact that the concept of the Model Procurement Code will, in all probability, be encountered in the future by attorneys involved in state and local construction contracting. In fact, versions of the code have already been adopted by a few units of local government. The purpose of this paper is to summarize the background of the project, the proposed code as it exists today, what can be anticipated in the future, and to discuss significant issues which have been raised by the code, especially from the standpoint of attorneys working on construction contracts. (Author)

  • Corporate Authors:

    Transportation Research Board

    A4005: Committee on Contract Law
    Washington, DC  United States  20418
  • Authors:
    • Bower, R W
  • Publication Date: 1978-7

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Filing Info

  • Accession Number: 00388766
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Oct 30 1984 12:00AM