Course Details

Public Procurement Law and Regulatory Compliance Training Course

Introduction

This essential training course provides a comprehensive understanding of Public Procurement Law and its associated regulatory compliance requirements. Recognizing that transparent, fair, and efficient public procurement is fundamental to good governance, preventing corruption, and ensuring value for money, this program equips participants with the knowledge and practical skills to navigate the complex legal landscape of government purchasing. Participants will gain deep insights into procurement principles, bidding processes, contract management, and dispute resolution, all grounded in legal and ethical compliance. This course is ideal for public sector employees, legal professionals, procurement specialists, suppliers, and civil society representatives committed to upholding integrity in public spending.

DURATION

5 days

TARGET AUDIENCE

This course is specifically designed for professionals involved in or affected by public procurement processes, including:

• Public sector procurement officers and managers.
• Legal advisors and compliance officers in government entities.
• Government financial managers and auditors.
• Private sector suppliers and contractors bidding for public tenders.
• Civil society representatives involved in procurement oversight and advocacy.

OBJECTIVES

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

• Understand the fundamental legal principles and objectives of public procurement.
• Identify key laws, regulations, and institutional frameworks governing public purchasing.
• Apply compliant procedures for various stages of the procurement cycle.
• Recognize and mitigate legal and ethical risks in public procurement processes.
• Contribute to fostering transparent, efficient, and accountable public procurement systems.

MODULES

Module 1: Foundations of Public Procurement Law

• Define public procurement and its significance for public service delivery and economic development.
• Explore the core principles of public procurement law (e.g., transparency, fairness, non-discrimination, value for money).
• Understand the legal and ethical objectives of public procurement regulations.
• Discuss the sources of public procurement law (e.g., statutes, regulations, international agreements).
• Examine the institutional framework governing public procurement at national and sub-national levels.

Module 2: Procurement Planning and Methods

• Understand the legal requirements for procurement planning and needs assessment.
• Discuss different legally permissible procurement methods (e.g., open tendering, restricted tendering, direct procurement).
• Analyze the legal considerations for selecting appropriate procurement methods.
• Explore the legal aspects of market research and pre-qualification processes.
• Examine the importance of clear specifications and terms of reference.

Module 3: Bidding Process and Contract Award

• Understand the legal requirements for drafting and issuing solicitation documents (e.g., invitations to tender, requests for proposals).
• Discuss the legal aspects of bid submission, opening, and evaluation.
• Explore criteria for responsible and responsive bidding.
• Analyze the legal implications of bid rigging, collusion, and other anti-competitive practices.
• Understand the legal procedures for contract award and notification.

Module 4: Contract Management and Administration

• Discuss the legal rights and obligations of both parties in public procurement contracts.
• Understand legal provisions for contract amendments, variations, and extensions.
• Explore the legal framework for contract performance monitoring and quality assurance.
• Examine legal aspects of payment terms, warranties, and guarantees.
• Analyze legal considerations for contract termination and force majeure events.

Module 5: Legal Remedies and Dispute Resolution

• Identify common types of disputes that arise in public procurement.
• Understand administrative review procedures and bid protest mechanisms.
• Discuss the legal basis for judicial review of procurement decisions.
• Explore alternative dispute resolution (ADR) methods (e.g., mediation, arbitration).
• Examine the role of independent oversight bodies in addressing grievances.

Module 6: Preventing Fraud, Corruption, and Unethical Practices

• Understand the legal definitions of fraud, corruption, and unethical conduct in procurement.
• Discuss laws related to bribery, conflicts of interest, and insider trading.
• Explore legal requirements for due diligence and enhanced integrity checks.
• Examine the role of whistleblower protection laws and reporting mechanisms.
• Analyze strategies for promoting a culture of integrity and accountability in procurement.

Module 7: International Public Procurement and Cross-Cutting Issues

• Discuss international agreements and conventions impacting national procurement laws (e.g., WTO GPA, regional trade agreements).
• Explore the legal implications of sustainable procurement policies (e.g., environmental, social, labor considerations).
• Understand the legal aspects of public-private partnerships (PPPs) in infrastructure and services.
• Examine the role of technology and e-procurement platforms in enhancing compliance and efficiency.
• Discuss legal considerations for emergency procurement in crisis situations.

Module 8: Regulatory Compliance and Best Practices

• Develop a framework for establishing a robust procurement compliance program.
• Understand the importance of continuous training and capacity building for procurement staff.
• Discuss internal audit and external oversight mechanisms for ensuring compliance.
• Explore methods for reviewing and updating procurement policies and procedures.
• Identify global best practices and lessons learned in public procurement regulation and compliance.

CERTIFICATION

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

• Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com