CORE COURSE OUTLINES
C1. Contract & Procurement Law
The aim is to provide delegates with an awareness of the fundamentals of English Contract Law and review the legislative implications on local authorities of a variety of Acts under English Law.
Who Should Attend
The module is aimed at staff at all levels, including Directors and Senior Managers who have a strategic procurement responsibility. It is applicable to procurement professionals as well as those from a wide range of business disciplines who have a devolved procurement responsibility. Those disciplines include finance, legal, compliance, audit, engineering, design, project management, construction, purchasing, procurement, commercial/contracts and general management. Those who will benefit most will have a current or planned interface with suppliers or customers through which contracts are awarded and managed. The module will suit those with little or no previous contracts training but will serve as a refresher for those who have some training but do not practice their skills frequently.
The Teaching Method
The teaching method is based on the Kolb learning cycle and incorporates a balanced mixture of a didactic approach and practical exercises centred on PowerPoint presentations. The structure is consistent with the skills framework for Procurement Project in Local Government in ensuring that Levels 1 and 2 (Understanding & Knowledge) are covered within the programme thus providing a firm base upon which the delegates can build their practical experience to reach Level 3 (Expertise). The module is tutor led throughout using syndicate work, highly interactive plenary discussion groups, easily understood case studies and role playing where appropriate. A formal framework is built around the delegates’ current knowledge and they are encouraged to re-discover and share their knowledge and experiences. The ideal group size is eight to twelve delegates but it is possible to extend the group size to fifteen. Copies of the training material are provided in the form of a workbook. Delegates are encouraged to develop both their short and long term memories to increase the value for money provided for the employer.
The Learning Outcomes
By the end of the basic awareness module, delegates will have been afforded an opportunity to gain an understanding of a range of principles which will assist them to avoid costly errors in both the pre-contract negotiation and the post agreement implementation. The training will assist delegates to understand the necessity of ensuring that all contractual commitments are fair, equitable, deliberate and duly recorded and that the contractual risks have been identified and mitigated. The delegates will be made aware of the existence and implications of several pieces of English legislation including TUPE, FOI, EIR, DPA and the Corruption Acts. The delegates will understand the difference between contract formation and contract effectiveness and will be able to understand and differentiate between “Terms, Conditions and Warranty” as well as recognise the implications for breach in each case. The delegates and gain an appreciation of public tendering rules and will review the guidelines of the Office of Government Commerce for “Fair Procurement” The additional considerations and implications of EU Directives will be discussed. Intellectual property Rights (IPR) will be dealt with and the delegates will be given an opportunity to understand the 4 main areas – Copyright, Design Rights, Trade Marks & Trade Names and Patents to provide an awareness of the need for them to provide for indemnity clauses within contracts.
The module is scheduled for 1 day.
(An optional 2nd day is available to provide more depth and practical experience beyond the minimum requirement).
The topics covered include:
- Procurement ethics – Corruption Acts
- Fair procurements
- OGC Guidelines
- EU Directives & the Public Contracts Regulations (no 5 of 31st Jan 2006)
- Public buying and competitive thresholds
- Council Guidelines on application of thresholds
- Statutory Instruments including:
- TUPE, FOI, DPA, EIR
- Contract formation – offer, acceptance, consideration & intent
- Invitation to treat, offer, counter-offer, Battle of the Forms
- Lapse, expiry, withdrawal
- Pre-contract negotiations
- Letters of Intent
- Instructions to proceed
- Subject to contract or Subject to terms of contract?
- Postal rule
- Terms of acceptance
- Contract Effectiveness
- Contract conditions precedent
- Contract conditions subsequent
- Contract terminology
- Terms of the contract, Conditions of the Contract, Warrantees of the Contract
- Standard and Special Terms and Conditions
- Express – Force Majeure
- Implied– SOGA, HASAWA
- Default & Frustration
- Remedies for Default & Frustration
- Introduction to Damages – liquidated/ unliquidated
- Intellectual Property Right (IPR)
- Design rights
- Trade marks and trade names
- Closing out the contract (project) – Customer Acceptance