Introduction

Public procurement plays a crucial role in the functioning of governments and their ability to provide goods, services, and infrastructure to citizens. Effective procurement ensures transparency, accountability, and efficiency in the management of public funds. However, navigating the legal and policy landscapes of public procurement can be complex due to various national and international regulations, ethical considerations, and evolving best practices. This training course aims to empower procurement professionals, legal experts, and policymakers with the skills and knowledge to manage and oversee public procurement processes effectively, ensuring compliance, fairness, and strategic outcomes.

Course Objectives

By the end of this course, participants will be able to:
✔ Understand the legal foundations of public procurement and how to navigate the legal framework in different jurisdictions.
✔ Master the core principles of public procurement law such as transparency, fairness, competition, and non-discrimination.
✔ Evaluate the impacts of international trade agreements and treaties on public procurement policies.
✔ Design and implement robust procurement strategies and frameworks that align with both legal requirements and policy objectives.
✔ Apply risk management techniques and tools to mitigate legal and operational risks in procurement.
✔ Ensure compliance with public procurement regulations and ethical standards.
✔ Assess and manage public procurement contracts throughout their lifecycle, from tendering to execution.
✔ Understand the role of public-private partnerships (PPPs) and other alternative procurement models in public procurement systems.
✔ Use technology and digital tools to enhance public procurement practices and transparency.
✔ Develop and implement policy reforms that address challenges in public procurement processes.

Who Should Attend?

• Government Procurement Officials
• Public Policy Makers
• Legal Professionals in government and public institutions
• Procurement Managers and Directors in public sector organizations
• Contract Managers and Officers
• Risk Management Professionals in public organizations
• Private Sector Suppliers interested in working with governments
• International Aid and Development Professionals
• Consultants advising on public procurement and policy
• Academics and Researchers in public administration or law
• Civil Society Organizations working in governance and transparency

Day 1: Foundations of Public Procurement Law and Policy

Session 1: Introduction to Public Procurement

• The role of public procurement in government and public sector operations
• Key principles of public procurement law: Transparency, competition, non-discrimination, proportionality, and fairness
• International and regional procurement frameworks: WTO, EU directives, UNCITRAL, and other global procurement guidelines
• Public procurement policy objectives: Value for money, efficiency, innovation, and sustainability
• Case study: The role of procurement in government service delivery and infrastructure projects
• Workshop: Identifying the public procurement needs and objectives in different sectors

Session 2: Legal Frameworks Governing Public Procurement

• National and international legal frameworks: An overview of procurement laws in different jurisdictions
• Procurement rules and regulations: Key legislative instruments and regulatory bodies
• Tendering processes: How to design legal frameworks for open, restricted, and negotiated procedures
• Public procurement contracts and their legal aspects: Key clauses, terms, and conditions
• The role of procurement tribunals and dispute resolution mechanisms
• Case study: Comparative analysis of procurement laws in the EU, US, and developing countries

Day 2: Procurement Procedures and Legal Compliance

Session 3: Public Procurement Procedures

• Procurement planning and strategy development: Steps to define procurement needs and align with public policy goals
• Types of procurement procedures: Open, restricted, competitive dialogue, and negotiated procedures
• Tendering and bidding processes: Legal standards for advertising, evaluating bids, and awarding contracts
• Bid protests and challenges: Legal procedures for handling disputes and challenges to the procurement process
• Compliance with procurement laws: Ensuring fairness and transparency in all stages of procurement
• Case study: Tendering process for large public infrastructure projects

Session 4: Managing Procurement Contracts

• Contract formation: Legal requirements for drafting and signing public procurement contracts
• Contract management: Legal aspects of contract performance, monitoring, and enforcement
• Key terms and conditions in public procurement contracts: Payment terms, dispute resolution, performance guarantees, and termination clauses
• Dealing with changes and amendments: Legal considerations for contract amendments during implementation
• Case study: Managing complex public procurement contracts in the healthcare and defense sectors

Day 3: Risk Management and Legal Challenges in Public Procurement

Session 5: Risk Management in Public Procurement

• Identifying procurement risks: Legal, financial, operational, and reputational risks
• Risk mitigation strategies: Procurement insurance, performance bonds, and contract clauses
• Procurement fraud and corruption: Legal strategies for detecting and preventing procurement fraud and misconduct
• Ethical procurement practices: Promoting integrity, transparency, and accountability in the procurement process
• Case study: Addressing procurement fraud and corruption in large public procurement projects

Session 6: Legal Challenges and Dispute Resolution in Public Procurement

• Common legal challenges in public procurement: Bid rigging, collusion, discriminatory practices, and non-compliance
• Dispute resolution mechanisms: Mediation, arbitration, and public procurement tribunals
• The role of national and international courts in resolving procurement disputes
• Judicial review of procurement decisions: The legal grounds for challenging procurement decisions
• Case study: How courts have ruled on public procurement disputes in different jurisdictions
• Workshop: Simulating a procurement dispute resolution case

Day 4: Advanced Procurement Policy and Public-Private Partnerships

Session 7: Public Procurement Policy and Reforms

• The role of procurement policy in national development: Aligning procurement with broader social, economic, and environmental goals
• Reforming public procurement systems: Addressing inefficiencies, corruption, and governance challenges in procurement systems
• Building capacity in public procurement: Training, professional development, and knowledge-sharing
• Promoting competition and innovation through policy reforms in procurement
• Global best practices: Case studies of successful procurement policy reforms in different countries
• Workshop: Developing a procurement reform plan for a public sector organization

Session 8: Public-Private Partnerships (PPPs) and Alternative Procurement Models

• The role of PPPs in public procurement: Overview of different types of public-private partnerships
• Legal frameworks for PPPs: Key legal considerations in structuring and negotiating PPP contracts
• Risk-sharing and financing mechanisms in PPPs
• Managing PPP projects: Contractual, financial, and governance challenges in PPPs
• Case study: Successful implementation of PPPs in infrastructure and public services
• Workshop: Drafting a basic PPP agreement for a public project

Day 5: Technology and Digital Tools in Public Procurement

Session 9: Leveraging Technology for Public Procurement

• The role of digital tools in public procurement: E-procurement platforms, procurement management software, and blockchain for transparency
• Electronic bidding and tendering systems: Legal considerations for implementing digital procurement processes
• Blockchain and smart contracts: Revolutionizing procurement with decentralized technology
• Data analytics in procurement decision-making: Using big data to enhance procurement efficiency and transparency
• Cybersecurity in public procurement: Legal and regulatory implications of digital procurement systems
• Case study: Implementing e-procurement systems in government procurement

Session 10: Future Trends and Course Wrap-Up

• Emerging trends in public procurement: Sustainability, circular economy, and social procurement
• The future of procurement law and policy: How global changes, such as climate change, geopolitical shifts, and digital transformation, are impacting procurement
• Concluding discussion: Reflection on lessons learned and how to apply course content in real-world scenarios
• Final project presentations: Participants present a policy or procurement strategy plan based on course learnings
• Certificate of Completion: Awarded to participants who successfully complete the course