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Bottom Line improvement Processes
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Public Sector Training Section

S7. EU Procurement Law

Aim

The aim of this module is to provide the delegates with the Knowledge & Understanding European procurement law and its impact upon the formality of public procurement methods and techniques.

Who Should Attend

The module is aimed at staff at all levels, including Directors and Senior Managers. It is applicable to staff from a wide range of business disciplines including engineering, design, project management, production, finance, sales & marketing, business development, purchasing, procurement, commercial and general management. Those who will benefit most will have a current or planned interface with potential contractors where the arrangements fall under the framework of EU Law. The module will suit those with little or no previous involvement with EU Procurement Law who need to understand the risks and pitfalls 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.

Proposed Learning Outcomes

In this module the delegates will be given an understanding of public procurement policy and legislation and the impact that EU Procurement Directives, rules & regulations have on English Contract Law and will understand the EU’s drive for more public procurement in line with the Green Paper of 1996 - Public procurement in the European Union: Exploring the way forward. The delegates will gain a detailed understanding of the appropriate aspects of the Public Contract Regulations (PCR) N0 5 dated 31st January 2006. The delegates will gain knowledge and understanding on the financial thresholds applicable to competitive procurement. Also, the delegates will be given an understanding of CPV codes, purchaser profiles, the standard forms for the publication of notices in the Official Journal and electronic notification tools. In addition attention will be paid to more recent directives and their impact on public procurement including Commission Regulation (EC) No 1564/2005 of 7 September 2005 with respect to the publication of notices in the framework of public procurement procedures and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts as implemented through the PCR. This will be the cornerstone of this module.

Duration

The module is scheduled for 1 day.

Content

  • Introduction to EU procurement law and its impact on the English Legal System
  • The Official Journal of the European Community (OJEC)
  • Review of Directive 2004/18/EC
  • Review of the Public Contracts Regulation 31st January 2006.
  • Public Procurement Threshold Amount
    • Public contracts
    • Specific Exclusions & Exemptions
    • Use of open, restricted and negotiated procedures and of competitive dialogue
    • Implications of Standing or Approved Contractors lists
    • Competitive dialogue
    • Negotiated procedure with prior publication of a contract notice
    • Negotiated procedure without prior publication of a contract notice
    • Framework Agreements
  • Rules on advertising and transparency
    • Article 35 – Notices
    • Form and manner of publication of notices
  • Time limits for receipt of requests to participate and for receipt of tenders
  • Invitations to submit a tender, participate in the dialogue or negotiate
  • Informing candidates and tenderers
  • Rules applicable to communication
  • Verification of the suitability and choice of participants and award of contracts
  • Environmental management standards
  • Contract award criteria
  • Use of electronic auctions
  • Rules on public works concessions
  • Information which must be included in public contract notices
    • Country of the contracting authority
    • Name of the contracting authority
    • Internet address of the ‘buyer profile’
    • CPV nomenclature reference no(s)


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