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Excellence in Public Procurement

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NIGP’s Foundation Curriculum
for the Public Procurement Profession

Course Title:  THE LEGAL ASPECTS OF PUBLIC PROCUREMENT

Duration: 3-Day Seminar

Contact hours: 24 hours
UPPCC* Re-Certification points: 3
CEU Units**: 2.25

General Description:
Designed to be an educational exploration of the Legal Aspects of Public Procurement, this course will provide a foundation of the principles and general concepts of the law as it applies to public procurement. Course content will address issues such as the UCC, the Model Procurement Code, Sale of Goods Act and the legal implications surrounding solicitations, contracting and post award issues. Attention will be given to the ethical issues facing the profession relevant to the law. Taught by procurement professional, not an attorney, this course will focus on actual procurement situations with actual procurement implications.

Intended Audience:
This fundamental approach to procurement law will be of interest to those who are substantially involved in the public procurement contracting process. Individuals who want to increase their understanding of both the capability and limitation of the law on government procedures will be responsive to the course content. In addition, this course will be beneficial to all those who work alongside those in the public sector and must operate under the guidelines of procurement law for the successful acquisition of products and services. Please note that this course is intended to address US legal issues and may not meet the needs of those working outside the United States. The UPPCC certification exams do not contain questions about country-specific laws.

Prerequisites:
Though no prerequisites are stipulated for this class, successful participants should have completed the NIGP Introduction to Public Procurement class, or have some public procurement introduction to the field prior to enrolling.

Objectives:
Upon successful completion of this course participants will be able to:

Identify the legal terms in public procurement
Apply basic legal concepts and principles in public procurement
Describe the role of the law in public procurement
Describe the role of the public professional in the application of procurement and contract law

Course Outline:
The following is an outline of the material for this course. Practical examples, group exercises and case studies will be utilized throughout the course. The content presented during any given class may vary depending on the background and experience of the participants.

Day One:
 
Pre-test
 
History and Antitrust
  1. Judicial Structure
Types of Law
  1. Law of Agency
  2. Types of Authority
  3. Model Procurement Code
Contract Components
 
Day Two:
 
UCC
 
Legal Content
  1. Bids
  2. Solicitation
  3. Competition
  4. Sealed Bidding
  5. Mistakes, Protests, Disputes
Debarment and Suspension
 
Day Three:
 
Negotiations
 
Software Contracts
 
License Agreements
 
Legal Options
 
Ethics
 
Post-Test

This outline may be modified slightly at the course instructor's discretion.


* Universal Public Purchasing Certification Council (UPPCC)

**CEU units for this workshop are granted through NIGP, which is authorized by the International Association for Continuing Education and Training (IACET), to offer courses for CEU units. To learn more about IACET and CEUs, visit www.iacet.org

Requirements of Participants to receive CEU units:

Attendance at the entire course is required. A sign-in sheet will be available each day the class is in session. Daily sign-in is mandatory to be eligible to earn for CEU units.
Active participation in all case studies, discussion and exercises.
NIGP will not issue partial CEU units.
An evaluation form must be completed and returned to the site coordinator prior to the completion of the course.

For NIGP’s complete Continuing Education Units (CEU) Policy Statement visit: www.nigp.org/educate/CEUPolicyStat.htm

Questions? Please contact education@nigp.org

The National Institute of Governmental Purchasing, Inc.
151 Spring Street, Herndon, VA 20170-5223
Phone: 703-736-8900 • Fax: 703-736-9639

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