Overview
The case law workshop considers key issues in regulated procurement by reference to settled case law. Case law is the means of interpreting the legislation where it is not entirely clear how the rules should be interpreted. The course has a workshop format which allows for each key area of case law to be applied in a case study exercise to further reinforce learning. The areas covered include those which are frequently the subject of legal challenge, where the risks need to be managed diligently, such as the risk areas of selection and award criteria, correction of errors and rejection of submissions including changes to contracts.
Who should attend?
This course is intended for experienced procurement practitioners and legal advisors who need to understand the key risk areas in order to ensure that a procurement procedure is conducted with minimal exposure to challenge. Understanding the implications and consequences of a challenge is also just as important.
Learning outcomes
At the end of the course delegates will have a greater understanding of the vulnerabilities to challenge within a procurement procedure along with the implications and possible consequences.
Agenda ½ day 10.00 – 13.00
· Pre-procurement engagement
· Single tender actions
· Selection criteria Award criteria
· Correction of errors
· Rejection of tenders
· Changes to contracts
· Challenges and remedies
Direct Award
This course is designed to provide delegates with the fundamental understanding of the legitimate provisions for direct award of contracts as provided for via the Procurement Regulations. Direct award of contracts is high risk and the courts approach is of a strict interpretation of the law, hence on completion of the course delegates will have a clear understanding of the practical process that should be undertaken to ensure the procurement rules are not violated and be aware of some of the hidden risks associated with this high risk procedure.
Who should attend?
This course is intended for newcomers to regulated procurement, procurement practitioners, legal advisors, contract managers and operational stakeholders.
