BESTEK - The Public Procurement Podcast

Episodes

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  #49: Should Defence Contracts Be Allowed to Skip the Normal Rules? 22.10.2026 16m

  Host Dr Marta Andhov presents an aperitif episode of the Bestek public procurement podcast, featuring the first half of the “Contracts in the Defence and Security Sector” panel from the PurpLE Project’s Public Procurement & Contracts Conference in Copenhagen (22–23 June 2026), moderated by Associate Professor Michał Kania (University of Silesia in Katowice). The discussion asks whether defence contracts should be allowed to skip the normal procurement rules through the Article 346 exemption in the Treaty on the Functioning of the European Union (TFEU), and whether the legal test meant to keep that exemption narrow is still holding up.
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  #48: If a Government Breaks Procurement Rules, What Can a Bidder Actually Do? 22.10.2026 21m

  Host Dr Marta Andhov presents an aperitif episode of the Bestek public procurement podcast, featuring clips from “Remedial Systems in Public Contracts Law vs Non-Legislative Measures”, a panel she chaired at the Public Procurement & Contracts Conference in Copenhagen (PurpLE Project, 22–23 June 2026). The episode asks what a bidder can do when a public authority breaks its own procurement rules. It compares Commonwealth countries such as Canada, Australia and New Zealand, whose rules follow the UK model from before the EU directives, with France and the francophone African countries that followed the French model.
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  #47: You Write Sustainability Into the Contract. Does Anyone Actually Check? 22.10.2026 19m

  Host Dr Marta Andhov presents an aperitif episode of the Bestek public procurement podcast, featuring excerpts from the “Sustainability in Performance of Public Contracts” panel, moderated by Dr Ezgi Uysal (PurpLE postdoctoral researcher, University of Copenhagen), at the Public Procurement & Contracts Conference hosted by the PurpLE Project in Copenhagen (22–23 June 2026). The episode asks what happens after sustainability is written into a public contract, whether as environmental criteria, social clauses or ESG language: at the performance stage, does anyone enforce, audit or check it? Marta’s answer is “not yet”, but the panel sets out what checking would take. Panellists Professor Sope Williams (Stellenbosch University; George Washington University), Professor Gustavo Piga (University of Rome Tor Vergata), Associate Professor Helen Yu (Swansea University), and Assistant Professor Désirée Klingler (University of St. Gallen) discuss why a sustainability clause binds once it is in the contract, whether voluntary or mandatory; South Africa’s Medupi and Kusile power stations and why vague “best efforts” wording cannot be enforced; the trade-offs behind Sardinia’s wind turbines; Swiss data showing how little changed after the law did; and the UK’s Procurement Act 2023 and new NHS value-based procurement guidance for medical technology, which sets a minimum weighting for social value in tender scoring.
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  #46: Is the EU Actually Simplifying Procurement, or Just Adding More Rules? 22.10.2026 10m

  Host Dr Marta Andhov presents an aperitif episode of the Bestek public procurement podcast, featuring the conversation that opened Day 2 of the Public Procurement & Contracts Conference (PurpLE Project, Copenhagen, 22–23 June 2026), chaired by Grith Skovgaard Ølykke (Partner, Poul Schmith/Kammeradvokaten). It is a first for the aperitif series: Bestek co-host Professor Willem Janssen (Utrecht University and University of Groningen) is on the panel. The episode asks whether EU reform is making procurement better or simpler, or just adding more rules. Grith sums up the European Commission’s evaluation of the 2014 Public Procurement Directives: the framework “appears to be functioning, just not in the way one might have hoped”, and is only “partially equipped” to deliver. Willem’s study for the Commission mapped 62 EU regulations and directives that now touch procurement, with 20 more in the pipeline. He argues for prioritisation, with sustainability first, and hopes the revision brings “more demanding rules, but also less rigid rules”: strict on green and social goals, flexible on procedure. Professor Roberto Caranta (University of Turin), who also wrote a study for the Commission, says EU priorities need money the EU budget does not have, so procurement has become one stone aimed at 62 pigeons. He argues there is only so much simplification a complex subject allows, and that much of the rigidity comes from contracting authorities, not Brussels: many fear courts of auditors and oversight bodies. The full session ranged more widely, with a lightning round of quick questions and answers. We invite listeners to continue the discussion with us on LinkedIn.
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  #45 Can You Actually Enforce an Arbitration Win Against a Government? 19.10.2026 10m

  In this Bestek aperitif episode, Dr Marta Andhov continues a discussion from the PurpLE Project Conference panel “Arbitration in Public Contracts” (Copenhagen, June 2026) by focusing on whether arbitral awards in public contract disputes can actually be enforced against contracting authorities. She distinguishes between winning an arbitration and getting paid, and features panel insights from Cesar Pareira (President, Chartered Institute of Arbitrators, São Paulo), Roxana Vornicu (Senior Lecturer, King’s College London; Sîrbu and Vornicu Law, Romania), and Nicholas Jobidon (Professor of Public Law, Université du Québec). The episode explains that arbitration’s authority stems from party agreement but its legal effect comes from state law (often like a court judgment); that courts remain essential for coercive enforcement; and that enforcement is generally recognised though subject to procedural challenges. It also highlights arbitration’s speed and international enforceability under the 1958 New York Convention, while warning arbitration can become a “trap” if governments lack political will to comply.
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  #44 Should Public Contracts Even Be Allowed to Go to Arbitration? 06.10.2026 10m

  In this solo “aperitif” episode of Bestek, Marta Andhov shares highlights from the closing panel on arbitration in public contracts at the PurpLE Conference on Public Procurement and Contracts in Copenhagen, chaired by Peter Trepte (University of Nottingham), supported by the Dreyers Foundation and funded by the Carlsberg Foundation. The episode focuses on the threshold question of whether public contract disputes should be allowed to go to arbitration, given its implications for cost, speed, expertise, and the tension between confidentiality and transparency. Roxana Vornicu (King’s College London; Sîrbu and Vornicu Law, Romania) argues that arbitration fits internationalised construction supply chains and that confidentiality can align with protections already found in procurement law. Cesar Pareira (Chartered Institute of Arbitrators, São Paulo) emphasises efficiency and fairness, and later stresses that transparency in state contract arbitration is essential for public scrutiny and trust. Nicholas Jobidon (Université du Québec) warns against removing judicial review and notes that arbitration is useful but not for every case. Miguel Assis Raimundo (University of Lisbon) compares France, Spain, and Portugal and suggests that stronger institutional architecture can address many of the fears around arbitration. Marta closes by drawing the threads together, concluding that the panel offers no flat yes or no, and that the answer comes down to conditions, not a verdict.
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  #43 AI, Sustainable Public Procurement & Law Clinics 27.11.2025 45m

  In this episode, Marta and Willem explore how artificial intelligence could support more sustainable public procurement practices— and the risks that come with it. The conversation builds on Marta’s co-authored recent open-access article, “Leveraging AI for Sustainable Public Procurement: Opportunities and Challenges.” They begin by outlining the motivation and context for the research, before examining where AI could add value in procurement processes. This includes...
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  #42 The Irado Case and the Activities Criterion & Fostering a Classroom Community 23.10.2025 45m

  In this episode, Marta and Willem discuss the hot topic of the ongoing Irado case and the impacts it is set to have on the world of European Public Procurement Law. How to calculate the activities criterion in article 12 Directive 2014/24/EU? They begin the episode with a short chat about their recent conferences, before moving to a brief introduction to the case and the related unclarities in the Article 12 Directive 2014/24/EU on how the activities criterion is to be calculated. Namely, Willem explains how, from the text alone, it is unclear whether the activities criterion should be based on the entity you contract with, or the holding structure in which it provides its services and how this could have significant ramifications on the applicability of the exemption. They then proceed to talk about the opinion of Advocate General Rantos and express their own perspectives on the matter. They discuss whether the procurement practices in certain countries were legitimate interpretations or circumventions of the directive. Lastly, in the dessert, they switch gears and reflect on strategies that help them foster a good and productive community in the classroom.
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  #41 Sustainability Clauses in Public Contracting & Advice for First-Year PhD Students 17.04.2025 51m

  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.
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  #40 Reform of Public Procurement Directives & New Ways of Examining 27.03.2025 50m

  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.
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  #39 Circularity and Procurement & Procurement Awards 23.01.2025 50m

  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.
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  #38 When Contracts Collide Public Procurement and Contract Law Context & Pop Culture 11.12.2024 46m

  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?
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  #37 Societal Challenges and Interdisciplinary Work in Public Procurement & Teaching the Interdisciplinary Aspects to Students 14.11.2024 43m

  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.
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  #36 New Exclusion Grounds in EU Public Procurement and Reading Recommendations 11.10.2024 39m

  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.
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  #35 Resurgence of buy local policies & making public procurement law interesting 27.07.2024 51m

  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.
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  #34 Visual contracting in public procurement & Best/worst presentations 20.06.2024 46m

  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 the possibilities to apply it in the public sector based on Marta's forthcoming publication in PPLR. For dessert, they look at their best and worst presentations to share their learnings from them.
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  #33 Single Bidding in the EU & What Vita would change in public procurement 25.04.2024 39m

  In this episode, Vitezslav Titl and Willem Janssen 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 number of bids. For dessert, they consider what he would change in public procurement if he had a magic wand.
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  #32 Sustainable Public Procurement in the US & Publishing in the American Journals 16.01.2024 49m

  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.
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  #31 Development Aid and Procurement & Becoming a Leader 07.12.2023 1h 2m

  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?
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  #30 Public Procurement, Climate Change & Expanding Expertise with Knowledge from other Disciplines 24.10.2023

  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.