Training Course on Procurement Law

Training Course on Procurement Law

Introduction

In today's dynamic business environment, a comprehensive understanding of Procurement Law is no longer optional but a fundamental necessity for organizations across all sectors. This intensive training course is meticulously designed to equip professionals with the essential knowledge and practical skills to navigate the complex legal framework governing the acquisition of goods, services, and works. By mastering the principles of contract law, public procurement regulations, and dispute resolution, participants will be empowered to ensure compliance, mitigate risks, and optimize their procurement processes for efficiency and value. This program delves into crucial areas such as tendering procedures, contract formation, intellectual property considerations, and ethical conduct, providing a robust foundation for sound decision-making and strategic advantage.

This course goes beyond theoretical knowledge, offering practical insights and real-world case studies to enhance understanding and application. Participants will gain proficiency in interpreting legal documents, managing contractual relationships, and avoiding common pitfalls that can lead to costly disputes and reputational damage. Through interactive sessions and practical exercises, learners will develop the confidence and competence to effectively manage procurement processes within the bounds of the law, fostering transparency, accountability, and best practices within their organizations. Investing in this legal training is an investment in organizational integrity, operational efficiency, and sustainable growth in an increasingly regulated marketplace.

Course Duration

10 days

Course Objectives:

This training course aims to enable participants to:

1. Understand the foundations of procurement law and its significance in organizational operations.
2. Identify and apply key principles of contract formation in procurement processes.
3. Navigate the complexities of public procurement regulations and compliance requirements.
4. Master the procedures for tender preparation and evaluation to ensure fairness and transparency.
5. Analyze and mitigate legal risks in procurement contracts and negotiations.
6. Understand the legal implications of intellectual property rights in procurement.
7. Apply principles of dispute resolution to effectively manage procurement-related conflicts.
8. Ensure ethical conduct and compliance with anti-corruption laws in procurement activities.
9. Develop strategies for sustainable and responsible procurement within the legal framework.
10. Interpret and implement international procurement laws and standards where applicable.
11. Understand the role of governance and accountability in procurement processes.
12. Apply legal frameworks to e-procurement and digital procurement practices.
13. Stay updated on the latest trends and legal developments in procurement law.

Organizational Benefits:

• Reduced legal risks and liabilities in procurement activities.
• Improved compliance with relevant laws and regulations.
• Enhanced efficiency and transparency in procurement processes.
• Stronger negotiation skills and better contract management.
• Minimized potential for costly disputes and litigation.
• Increased stakeholder confidence and trust.
• Promotion of ethical and responsible procurement practices.
• Enhanced organizational reputation and credibility.
• Better value for money in procurement outcomes.
• A more legally aware and competent procurement team.

Target Audience:

1. Procurement Managers and Specialists
2. Contract Administrators and Officers
3. Legal Counsel involved in procurement
4. Finance and Accounting Professionals
5. Supply Chain Managers and Analysts
6. Project Managers responsible for procurement
7. Government Officials involved in public procurement
8. Business Professionals seeking to understand procurement law

Course Outline:

Module 1: Introduction to Procurement Law

• Definition and scope of procurement law.
• Sources of procurement law (statutes, regulations, case law).
• The importance of legal compliance in procurement.
• Overview of different procurement methods.
• Key legal principles underpinning procurement.

Module 2: Contract Formation in Procurement

• Essential elements of a valid contract.
• Offer, acceptance, and intention to create legal relations.
• Consideration and capacity to contract.
• Types of contracts used in procurement.
• Understanding standard contract terms and conditions.

Module 3: Public Procurement Regulations

• Overview of public procurement legal frameworks (e.g., PPDA in Kenya).
• Principles of transparency, fairness, and non-discrimination.
• Rules governing tendering and bidding processes.
• Evaluation criteria and award procedures.
• Legal remedies for aggrieved bidders.

Module 4: Tender Preparation and Evaluation

• Legal requirements for tender documentation.
• Defining clear and objective evaluation criteria.
• Managing the tender opening and evaluation process.
• Avoiding conflicts of interest and ensuring impartiality.
• Notification of award and standstill periods.

Module 5: Legal Risks in Procurement Contracts

• Identifying potential legal risks in procurement agreements.
• Strategies for mitigating contractual risks.
• Understanding liability and indemnity clauses.
• Force majeure and frustration of contract.
• Breach of contract and available remedies.

Module 6: Intellectual Property in Procurement

• Copyright, patents, and trademarks in procurement contexts.
• Licensing agreements and intellectual property rights transfer.
• Legal considerations for software and technology procurement.
• Protecting confidential information and trade secrets.
• Addressing intellectual property infringement issues.

Module 7: Dispute Resolution in Procurement

• Methods of dispute resolution: negotiation, mediation, arbitration, litigation.
• Understanding legal procedures for procurement disputes.
• The role of dispute review boards.
• Enforcement of arbitral awards and court judgments.
• Preventative measures to minimize disputes.

Module 8: Ethics and Compliance in Procurement

• Ethical principles in procurement decision-making.
• Anti-corruption laws and regulations.
• Codes of conduct for procurement professionals.
• Managing conflicts of interest and ensuring transparency.
• Whistleblowing policies and procedures.

Module 9: Sustainable and Responsible Procurement

• Legal frameworks supporting sustainable procurement practices.
• Incorporating environmental and social considerations in procurement.
• Supplier codes of conduct and ethical sourcing.
• Life cycle costing and value for money assessments.
• Reporting and accountability for sustainable procurement.

Module 10: International Procurement Law

• Overview of international trade agreements and their impact on procurement.
• Rules of origin and customs regulations.
• International commercial terms (Incoterms).
• Dispute resolution in international procurement contracts.
• Compliance with international anti-corruption conventions.

Module 11: Governance and Accountability in Procurement

• The role of governance structures in procurement oversight.
• Internal controls and audit processes.
• Accountability mechanisms for procurement decisions.
• Transparency initiatives and access to information.
• Legal frameworks for procurement audits and investigations.

Module 12: E-Procurement and Digital Procurement

• Legal considerations for online procurement platforms.
• Data privacy and security in e-procurement.
• Electronic signatures and digital contracts.
• Legal admissibility of electronic records.
• Challenges and opportunities in digital procurement law.

Module 13: Recent Trends and Developments in Procurement Law

• Emerging legal issues in procurement.
• Impact of technological advancements on procurement law.
• Case law updates and legislative changes.
• Best practices in adapting to evolving legal landscapes.
• Future trends in procurement regulation.

Module 14: Contract Management and Administration

• Legal aspects of contract performance monitoring.
• Managing contract variations and amendments.
• Addressing issues of non-performance and delays.
• Contract termination and its legal consequences.
• Record-keeping and documentation requirements.

Module 15: Procurement Audits and Investigations

• Legal frameworks for procurement audits.
• Conducting effective procurement audits.
• Identifying and addressing irregularities and fraud.
• Legal implications of audit findings.
• Reporting and follow-up actions on audit recommendations.

Training Methodology:

This course will employ a blended learning approach, incorporating:

• Interactive lectures and presentations
• Case studies and real-world examples
• Group discussions and collaborative exercises
• Practical workshops on contract drafting and negotiation
• Q&A sessions and knowledge sharing

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

a. The participant must be conversant with English.

b. Upon completion of training the participant will be issued with an Authorized Training Certificate

c. Course duration is flexible and the contents can be modified to fit any number of days.

d. The course fee includes facilitation training materials, 2 coffee breaks, buffet lunch and A Certificate upon successful completion of Training.

e. One-year post-training support Consultation and Coaching provided after the course.

f. Payment should be done at least a week before commence of the training, to DATASTAT CONSULTANCY LTD account, as indicated in the invoice so as to enable us prepare better for you.