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2022/23 Taught Postgraduate Module Catalogue

LAW5226M Introduction to UK and Global Public Procurement Law and Practice

15 creditsClass Size: 30

Module manager: Richard Bonnar
Email: R.Bonnar@leeds.ac.uk

Taught: Semester 2 (Jan to Jun) View Timetable

Year running 2022/23

This module is not approved as an Elective

Module summary

The global government contracting marketplace is the world’s largest single market – worth £300bn pa in the UK alone. The module will explain how these markets are regulated and the different perspectives of the public sector, contractors, taxpayers and citizens. It will look at UK and EU policy issues. The second half of the module will be very practical and commercial, with real life case studies based on high profile UK government procurements such as PPE, vaccines, rail, technology and nuclear services. Anyone with an interest in working in or contracting with the public sector ( or who is or will be a taxpayer) should attend.

Objectives

The purpose of this module is to introduce students to the regulation and practice of UK, EU and global government contracting market places. From purchase of PPE and vaccines to train rolling stock and nuclear services, the course will explain why and how government contracting is regulated and identify common pitfalls.

Learning outcomes
At the end of the module students will:
• Be able to explain UK, EU and global policy factors affecting public procurement
• Be able to identify routes to market in the UK and EU for acquisition of goods and services
• Be able to critically evaluate and advise on legal risks in a tendering process
• Understand comparable procurement litigation systems in the UK, Europe and the USA
• Be able to explain and critically evaluate how public procurements are overseen and assured in the UK and what happens when they go wrong


Syllabus

Topic
1 Introduction UK, EU and global context – the GPA
Different models and systems (US, World Bank)
What is government contracting and why is it important?
This session will include inputs from a leading US government contracting lawyer

2 public procurement law in practice – a global context

Procurement law reform in emerging/ conflict-affected economies
Adaptation of documents and procedures for international projects
Procurement approaches to global projects
This session will provide practical examples of work in Timor-Leste, Afghanistan and will include guest contribution from a leading global government contracting lawyer

3 Basic principles and framework in UK an EU
Principles of EU and UK public procurement
Relationship to state aid and competition law
EU statutory framework
Current and emerging UK framework [ UK transposition and Home nations]
Social value – from policy to practice – a case study

4 the UK public sector
What is the UK public sector? [ cf definition of contracting authority]
Context of public procurement
How to contract with it ( legal personality)
The wider UK domestic framework ( eg Social Value, local authority)
Systems of accountability and governance ( HMT,CO, Green Book, NAO,IPA)
This session will include an interview with a leading UK Government lawyer

5 Routes to market overview
Overview of different routes to market ( open, restricted, CPN, CD, IP, DC) Frameworks and DPS )
Strategic procurement: a practical case study in how a Government organisation chose to go to market to meet its needs

6 Running a tender process – legal risks
The basic two stage process
Award criteria- the rules, future changes and how to get it wrong
This session will include a case study looking at a failed procurement and the consequences
https://www.gov.uk/government/publications/magnox-inquiry-final-report

7 Recap and practice : in this session we will recap on key learnings so far.
Students will then be asked to consider a hypothetical procurement package and to provide a recommendation as to the best options for going to market.
This session will allow for discussion of formative assessment.

8 Remedies, disputes and challenges
This session will look on a comparative basis at procurement remedies in :
• The UK
• The EU ( Germany)
• The USA
and under World Bank rules
It will include contributions from leading UK, German and US lawyers. It will take the form of a hypothetical bid protest and look at the way it would be navigated through the different remedies systems.

9 Probity, transparency conflict of interest, corruption and Covid
COVID procurement litigation ( GLP)
Single tender actions, use of frameworks and potential reforms
Political and official roles in procurement
Anti- corruption rules
Conflicts of interest
Nolan principles
10 Assessment.
Students will be presented with a hypothetical case study.
They will be asked to consider the risk for the Government organisation of a challenge from a disappointed bidder and to write a brief memorandum of advice to the Minister outlining those risks

This session will allow for discussion of assessment before students asked to complete assessment during assessment period.

Teaching methods

Delivery typeNumberLength hoursStudent hours
Seminar101.5015.00
Private study hours135.00
Total Contact hours15.00
Total hours (100hr per 10 credits)150.00

Private study

135 hours

Methods of assessment


Coursework
Assessment typeNotes% of formal assessment
Case Study3000 word case study (hypothetical): Brief memorandum of advice100.00
Total percentage (Assessment Coursework)100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 27/01/2023

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