History of the Model Procurement Code

The Model Procurement Code over Five Decades

Origins: A Vision for Integrity and Efficiency in Public Purchasing

 

The Model Procurement Code for State and Local Governments was born out of reform-minded energy within the American Bar Association (ABA) in the early 1970s. As described by F. Trowbridge vom Baur, then Chair of the ABA’s Section of Public Contract Law, the idea “bubbled up” from state and local officials frustrated by waste, inconsistency, and corruption in public purchasing.

At that time, procurement at the state and municipal levels was fragmented and informal—often lacking clear policies or professional standards. The ABA envisioned a comprehensive legal framework that could both modernize and harmonize public purchasing while ensuring fairness, competition, and public trust.

Two central goals guided the effort:

  • Eliminate waste and inefficiency through standardized, transparent procedures; and

  • Eliminate corruption by creating rules that promoted integrity, accountability, and professionalism among procurement officials.

The Development Process: 1970–79

 

Starting in 1970, the Model Procurement Code (MPC) evolved through nearly a decade of intensive collaboration between public officials, attorneys, and procurement experts. The ABA formally launched the project in 1974, co-sponsored by its Sections on Public Contract Law and Urban, State, and Local Government Law. Over $2 million in funding—then the largest grant ever administered by the ABA—supported the initiative through the Fund for Public Education, with contributions from federal agencies, states, and cities.

The drafting process was both participatory and rigorous:

  • More than 200 volunteer experts worked on specialized committees.

  • Two preliminary working papers (1976 and 1977) circulated nationally for public comment.

  • Pilot jurisdictions—including Kentucky, Tennessee, New Mexico, Utah, and Louisville—tested the provisions in real-world settings.

In February 1979, after multiple rounds of revision, the ABA House of Delegates adopted the Model Procurement Code for State and Local Governments.

Core Principles of the 1979 Code

 

The 1979 code was designed as a model statute rather than a uniform law, allowing each state or local government to adapt it to its structure and needs. It established:

  • Clear statutory principles for purchasing supplies, services, and construction;

  • Administrative and judicial remedies for disputes; and

  • Ethical standards governing all public and private participants in the procurement process.

The code was intentionally concise and meant to be supplemented by administrative regulations to preserve flexibility as practices evolved. Key provisions included:

  • Competitive sealed bidding as the preferred method of source selection;

  • Defined procedures for alternative methods such as proposals, sole-source, and emergency procurements;

  • Oversight and remedies for bid protests, contract disputes, and debarment; and

  • A robust ethics article addressing conflicts of interest, gratuities, and confidentiality.

MPC Adoption and Revision: 1982–2000

Following adoption of the Code, the ABA developed the Model Procurement Ordinance for Local Governments (1982), a version tailored for cities, counties, and smaller agencies. It retained the core philosophy of competition and integrity while simplifying implementation for local contexts.

Through the 1980s and 1990s, numerous states—Kentucky, Louisiana, Utah, South Carolina, and others—enacted legislation inspired by or directly modeled on the MPC. The Code became a national benchmark for sound procurement law.

In 2000, the ABA released an updated edition reflecting two decades of experience and evolving priorities such as electronic commerce, privatization, and performance-based contracting. By this time, the Code’s influence extended internationally, informing reform efforts in emerging democracies and developing economies seeking transparent procurement systems.

Model Procurement Code Documents and Updates

2000 Model Procurement Code for State and Local Governments

This edition modernized the 1979 Code to reflect advances in technology, management practices, and global procurement standards. It preserved the Code’s structure while expanding guidance on topics like electronic commerce, privatization, and performance-based contracting.

2002 Model Procurement Code Recommended Regulations

Developed to accompany the Code, these regulations provided detailed administrative procedures for implementing the statutory principles at the state and local levels. They offered practical templates for rule-making, ethics enforcement, and dispute resolution within procurement systems.

2007 Model Code for Public Infrastructure Procurement

The 2007 Model Code for Public Infrastructure Procurement (2007 PIP) is a condensation of the 2000 MPC, suitable for more specific use by subunits of state and local government with long-term responsibility for the delivery and operation of infrastructure services and facilities.

1982 Model Procurement Ordinance for Local Governments

This version adapted the 1979 Model Procurement Code for cities, counties, and smaller jurisdictions, simplifying the provisions for local implementation. It emphasized professionalization and consistent standards while maintaining the Code’s focus on open competition and prevention of waste or corruption.

Cover 1979 MPC

1979 Model Procurement Code for State and Local Governments

This landmark ABA publication established the foundational legal framework for transparent, efficient, and ethical public procurement in the U.S. It introduced core principles—competition, integrity, and accountability—and became the model upon which many states based their procurement laws.