Training course on Public Procurement Law

Training Course on Public Procurement Law

Introduction

Public procurement represents a substantial portion of government expenditure globally, acting as a critical tool for public service delivery, economic development, and achieving broader policy objectives such as sustainability and innovation. Given the significant public funds involved, it is governed by a stringent framework of public procurement law designed to ensure transparency, fairness, efficiency, and accountability in the acquisition of goods, works, and services. Navigating this intricate legal landscape is essential for government agencies, suppliers, legal professionals, and oversight bodies alike. Failure to comply with these regulations can lead to costly delays, legal challenges, corruption, and a misuse of public resources. Training Course on Public Procurement Law is meticulously designed to equip participants with a thorough understanding of the principles, processes, and legal obligations inherent in public procurement, empowering them to manage procurement activities effectively and ethically.

This course will delve into the core principles that underpin public procurement, including competition, non-discrimination, and value for money, examining how these are translated into national and international legal frameworks. Participants will gain practical insights into the entire procurement cycle, from needs assessment and tender preparation to contract award and contract management. Special emphasis will be placed on understanding the legal aspects of various procurement methods, bid evaluation, dispute resolution, and the crucial role of ethics and anti-corruption measures. By exploring real-world case studies and best practices, attendees will develop the strategic acumen to ensure regulatory compliance, mitigate legal risks, promote good governance, and contribute to the effective and responsible use of public funds, fostering public trust and enhancing economic integrity.

Course Objectives

Upon completion of this course, participants will be able to:

1. Identify and explain the fundamental principles of public procurement law (e.g., transparency, fairness, competition).
2. Analyze national and international legal frameworks for public procurement (e.g., UNCITRAL, WTO GPA).
3. Understand the complete public procurement cycle and its legal requirements at each stage.
4. Differentiate between various procurement methods and their appropriate application.
5. Master the legal aspects of tender preparation, bid evaluation, and contract award.
6. Identify and mitigate legal risks in public procurement contracts.
7. Apply principles of dispute resolution in procurement challenges and appeals.
8. Recognize and address ethical issues, fraud, and corruption in public procurement.
9. Understand the role of e-procurement and digital transformation in legal compliance.
10. Explore the legal implications of sustainable public procurement and social considerations.
11. Navigate post-award contract management and legal remedies for non-performance.
12. Discuss auditing and oversight mechanisms for public procurement.
13. Analyze contemporary challenges and future reforms in public procurement policy.

Target Audience

This course is essential for a diverse group of professionals whose roles intersect with public procurement processes, including:

1. Procurement Professionals: Officers, managers, and directors in public sector entities.
2. Legal Counsel: Lawyers, paralegals, and legal advisors working for government bodies or advising bidders/suppliers.
3. Government Officials: Policymakers, administrators, and civil servants involved in public spending.
4. Suppliers & Contractors: Businesses and individuals bidding for government contracts.
5. Compliance Officers: Professionals ensuring adherence to procurement regulations.
6. Auditors & Oversight Bodies: Internal and external auditors, and anti-corruption agency staff.
7. Project Managers: Individuals overseeing public projects requiring procurement expertise.
8. Consultants: Advisors specializing in public sector consulting and bid management.

Course Duration: 5 Days

Course Modules

Module 1: Introduction to Public Procurement Law and Principles

• Definition and Significance of Public Procurement
• Core Principles: Transparency, Fairness, Competition, Value for Money, Accountability
• Historical Context and Evolution of Public Procurement Regulation
• The Public Procurement Ecosystem: Key Stakeholders and Their Roles
• Overview of National and International Public Procurement Frameworks

Module 2: Legal Frameworks and Institutional Structures

• Sources of Public Procurement Law: Statutes, Regulations, Case Law, Treaties
• National Public Procurement Laws and Regulations
• International Standards: UNCITRAL Model Law on Public Procurement, WTO Agreement on Government Procurement (GPA)
• Role of Regulatory and Oversight Bodies (e.g., Procurement Regulatory Authorities)
• Relationship with Constitutional and Administrative Law

Module 3: Planning and Pre-Tendering Stages

• Needs Assessment and Procurement Planning Legal Requirements
• Market Research and Supplier Engagement
• Preparation of Tender Documents: Invitation to Tender (ITT), Request for Proposals (RFP), Specifications
• Legal Requirements for Advertising Procurement Opportunities
• Pre-Qualification and Shortlisting of Bidders

Module 4: Procurement Methods and Procedures

• Open Tendering vs. Restricted Tendering
• Request for Quotations, Direct Procurement, Negotiated Procurement
• Competitive Dialogue and Innovation Partnerships
• Legal Justification for Non-Competitive Methods
• Special Procurement Regimes (e.g., Framework Agreements, Public-Private Partnerships)

Module 5: Bid Submission, Opening, and Evaluation

• Legal Requirements for Bid Submission (Deadlines, Format)
• Public Opening of Tenders and Confidentiality Rules
• Establishing Legally Sound Bid Evaluation Criteria
• Technical and Financial Evaluation Processes
• Addressing Deviations, Clarifications, and Minor Irregularities

Module 6: Contract Award and Debriefing

• Decision to Award: Legal Basis and Justification
• Notification of Award and Standstill Periods
• Legal Rights of Unsuccessful Bidders: Debriefing and Challenges
• Contract Formation: Signing and Entry into Force
• Publication Requirements for Contract Awards

Module 7: Contract Management and Legal Remedies

• Legal Aspects of Contract Management: Performance Monitoring, Amendments, Variations
• Termination of Contracts: Grounds and Procedures
• Breach of Contract and Available Legal Remedies
• Performance Guarantees and Liquidated Damages
• Dispute Resolution Mechanisms in Public Procurement (e.g., Administrative Review, Court Litigation, ADR)

Module 8: Ethics, Anti-Corruption, and Emerging Issues

• Ethical Principles and Codes of Conduct in Public Procurement
• Legal Frameworks for Combating Fraud and Corruption
• Conflicts of Interest, Collusion, and Bid Rigging
• Sustainable Public Procurement: Environmental and Social Considerations
• E-Procurement: Legal Frameworks for Digital Procurement Platforms

Training Methodology

• Interactive Workshops: Facilitated discussions, group exercises, and problem-solving activities.
• Case Studies: Real-world examples to illustrate successful community-based surveillance practices.
• Role-Playing and Simulations: Practice engaging communities in surveillance activities.
• Expert Presentations: Insights from experienced public health professionals and community leaders.
• Group Projects: Collaborative development of community surveillance plans.
• Action Planning: Development of personalized action plans for implementing community-based surveillance.
• Digital Tools and Resources: Utilization of online platforms for collaboration and learning.
• Peer-to-Peer Learning: Sharing experiences and insights on community engagement.
• Post-Training Support: Access to online forums, mentorship, and continued learning resources.

Register as a group from 3 participants for a Discount

Send us an email: info@datastatresearch.org or call +254724527104

Certification

Upon successful completion of this training, participants will be issued with a globally recognized certificate.

Tailor-Made Course

We also offer tailor-made courses based on your needs.

Key Notes

• Participants must be conversant in English.
• Upon completion of training, participants will receive an Authorized Training Certificate.
• The course duration is flexible and can be modified to fit any number of days.
• Course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch, and a Certificate upon successful completion.
• One-year post-training support, consultation, and coaching provided after the course.
• Payment should be made at least a week before the training commencement to DATASTAT CONSULTANCY LTD account, as indicated in the invoice, to enable better preparation.