Introduction to Public Procurement Regulation: Basic Principles and Concepts
This module first 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 then 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).
EU Procurement Law 1
This module examines the basic rules and policies of the EU regime on public procurement and their implications for procurement strategy, and also provides a critical assessment of those rules against the background of sound procurement practice.
It covers the purpose of the EU rules; the application of the Treaty on the Functioning of the European Union to public procurement; the core rules contained in Directive 2014/24 and associated instruments - in particular the coverage of the directive, the detail of the main award procedures (open, restricted, competitive procedure with negotiation, and negotiated procedure without prior publication) and the rules on drafting specifications; changes to concluded contracts; and the remedies regime and the risks of legal challenge.
The module also examines the way in which the procedural rules have been implemented and operated in UK legislation and case law.
EU Procurement Law 2
This module examines various specific topics in EU public procurement, building on the foundations provided by the module EU Procurement Law 1, and provides a critical assessment of the relevant EU rules against the background of sound procurement practice.
- framework agreements
- electronic procurement
- regulation of the utilities sector
- social and environmental policies in public procurement
- innovation (including the innovation partnership procedure)
- in-house and public-public arrangements
Where applicable, the module also examines the way in which these rules have been implemented and operated in UK legislation and case law.
Corruption and Collusion in Public Procurement
This module examines the phenomena of corruption and collusion in public procurement and explores methods used in national and international systems to identify, prevent and sanction occurrences of these phenomena.
It covers, inter alia: the role and limits of transparency rules in addressing corruption; the revelation of corruption through investigations and audits; practical mechanisms to deter and redress corruption including criminal and administrative sanctions (such as debarment), codes of ethics and anti-corruption commissions; the role of rules against foreign bribery; and the role of competition law in dealing with supplier collusion.
Government Procurement in the WTO
This module examines the current rules regulating government procurement under the Agreements of the World Trade Organization, covering both the multilateral agreements (in particular GATT and GATS) and the plurilateral Agreement on Government Procurement. This includes the current coverage of the GPA rules; the approach to GPA negotiations; the obligations for covered procurement under the GPA in relation to tendering; the system of enforcement (intergovernmental enforcement and supplier challenge systems); and the impact of the GPA on use of procurement promote social objectives and sustainable development.
The module also explores the current initiatives for expanding the multilateral rules on procurement, notably the discussions relating to a new Transparency Agreement. The module will explore the relevant issues from the perspective of all types of countries, including developing countries and transition economies/countries with a large state sector.
Legal Research Methods in Public Procurement
This module examines the different methods relevant for research in public procurement regulation, including the objectives, benefits and limitations of each, and their inter-relationship. It provides an in-depth examination of doctrinal legal method and an introduction to other key research methods, including theoretical, comparative law, qualitative and quantitative.
These various methods will be examined through studying general literature on research methods and through specific case studies of the use of the different methods in the context of research on public procurement regulation.
Organisation and Management of Procurement Systems
This module examines the key issues relating to the setting up and management of public procurement systems, including in the specific context of developing countries.
It covers basic institutional structures (such as whether to use centralised and decentralised approaches to tasks and institutions, and the nature of policy authorities); the development of systems, including preparation of laws, recording/reporting requirements, and management of information systems; implementation issues, such as bid documentation and use of benchmarking and performance; and development of human resource capacity.
EU Procurement Law 3
This module examines the various specialist topics of the EU regime on public procurement and their implications for procurement strategy, and provides a critical assessment of those rules against the background of sound procurement practice.
- the Defence and Security Directive 2009/81/EC
- the Concessions Directive 2014/23
- public-private partnerships in EU procurement Law (including institutional public-private partnerships (IPPs))
- centralised procurement (including Central Purchasing Bodies)
- collaborative procurement between EU Member States
- competition law (including state aid) and procurement
- the EU's Acquired Rights Directive
- the EU's relations with third countries in public procurement
Where applicable, the module also examines the way in which these rules have been implemented in UK legislation and case law.
Procurement and Development
This module examines issues relating to procurement and development. It divides into two major components, the role of procurement in the delivery of aid to developing countries and the characteristics of procurement systems in developing countries. As to the role of procurement in the delivery of aid, the course examines the procurement procedures and policies of major multilateral, regional and national institutions. It covers the procurement procedures and policies of the development banks, in particular the World Bank and the regional development banks, the UN Development Programme, and EU institutions.
The module also examines the procurement procedures and policies of the major bilateral aid institutions, though here it must necessarily be selective. As for the characteristics of procurement systems in developing countries, the course explores the move towards reform of procurement systems, the role of the UNCITRAL Model Law, and problems associated with capacity building in developing countries.
UK Public Procurement Law
This module examines in detail core aspects of the new post-Brexit UK public procurement Act and Regulations. However, it is also vital to study those aspects of UK procurement law which operate outside these regulations. In particular, the module will consider how the UK's general rules of constitutional and administrative law operate in the area of public procurement and may impact upon procurement practice.
The subjects covered include the impact of Freedom of Information law for disclosure of information; application and consequences in procurement of the ultra vires rule; local government powers relating to shared service and joint procurement; and judicial control of procurement awards through common law judicial review and the "Blackpool" implied contract governing tendering procedures.