Introduction to Public Procurement Regulation: Basic Principles and Concepts

Code

LAWW4099

School

Law

Level

4

Credits

15

Semesters

Autumn UK

Summary

This module examines basic concepts in procurement regulation, specifically the objectives of regulatory provisions (such as value for money, integrity, accountability, social development and procedural efficiency) and their relationship with each other, and the key principles of transparency and competition through which such objectives are implemented. The module considers how these objectives and principles are typically implemented and balanced in regulatory rules by reference to a study of the main rules of the UNCITRAL Model Law on Public Procurement. This study will cover regulatory rules on: the scope of public procurement rules, procurement methods for goods, construction and services (including professional services), qualification and pre-qualification (including use of qualification lists); specifications, bid evaluation, conclusion of contracts, and supplier review (bid challenge/remedies). The module will also provide an introduction to further issues, namely procurement of privately financed infrastructure; electronic communications and auctions; framework agreements; and horizontal policies (use of procurement to promote social, environmental and industrial development etc).

Target Students

Only available to students on U7PPBPLP LLM Public Procurement Law and Policy, U7PPBPLPC PGCert Public Procurement Law and Policy, OR U7PPBPLPD PGDip Public Procurement Law and Policy.

Classes

Students are provided with materials for self-directed learning. Optional in-person teaching sessions take place partway through the relevant semester.

Assessment

• 30% Coursework 1: 4 pages
• 70% Coursework 2: 5 pages

Assessed by end of designated period

Educational Aims

Learning Outcomes

Knowledge and understanding
• Students will develop a thorough understanding of the objectives and principles underlying public procurement regulation, including the relationship between them and the trade-offs to be made.
• They will also obtain a detailed knowledge of the way in which these objectives and principles are typically implemented in the core regulatory rules of public procurement systems in general and, in particular, in the UNCITRAL Model law on Public Procurement 2011.

Intellectual skills
• Students will develop general skills of legal analysis and problem-solving.
• They will also develop the capacity for critical thinking about both public procurement policies themselves and the ways in which such policies can be translated into specific legal rules.

Professional and practical skills
• Students will develop the skills to design appropriate regulatory rules in the area of public procurement, which are sensitive to the particular jurisdiction and/or organisation involved
• They will also develop the skills to design public procedures to avoid legal problems; to identify legal problems that arise in real-life situations; and to design strategies to address any such problems that arise.

Transferrable skills
• Students will develop their skills in writing clearly, succinctly and in a precise manner.
• Students will enhance their analytical and problem-solving skills.
• Students will enhance their skills to think and act in a strategic manner.
• Students will enhance their general powers of critical thinking.

Conveners

• Professor Peter Trepte