Course

Legal Aspects of Public Procurement

Designed to be an educational exploration of the legal elements of public procurement, this course will provide a foundation of the principles and general concepts of the law as it applies to public procurement. Course content  includes material from the 2020 3rd edition of Legal Aspects of Public Procurement. The course will address issues such as the Uniform Commercial Code (U.C.C.), the Model Procurement Code, Sale of Goods Act and the legal implications surrounding solicitations, contracting, and post-award issues. The new edition adds legal issues in RFPs and contract administration. Attention will be given to the ethical issues facing the profession relevant to the law. This course will focus on actual procurement situations with relevant procurement implications using practical examples, discussion, group exercises, and case studies throughout the course.

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There are currently no available dates for this course.

Objectives

Upon successful completion of this course participants will be able to:

  • Identify and define public purchasing legal terms, concepts and principles. 
  • Apply basic legal concepts and principles to practical public procurement situations
  • Describe how the three categories of law ― the common law of contracts, statutory law and administrative law ― apply to public purchasing.
  • Describe how the laws establish the rights and obligations of all parties.
  • Distinguish between ethical and legal requirements and apply the appropriate actions and conduct. 
  • Describe the role of the public professional in the application of procurement and contract law in accordance with the commonly accepted practices of the profession.

Intended Audience

This certificate is targeted to individuals who meet or exceed the following professional demographics:

  • Entry-level public procurement and central warehouse professionals who serve as assistants, coordinators, buyers, or equivalent functions within their respective entities.
     
  • Non-procurement managers and supervisors who are responsible for either the procurement function or staff who provide procurement functions under delegated authority.
     
  • Professionals who are employed by governing entities and special authorities (such as K-12 and higher education, publicly-owned utilities, transportation providers, and other publicly-funded or created organizations) that either serve within or manage the procurement function.
     
  • Suppliers or representatives of suppliers seeking to understand the public procurement function from a holistic level, including the policies, standards, and procedures by which public entities must function.

 

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Delivery Formats Available

In-Person (CURRENTLY BEING OFFERED VIRTUALLY)

Virtual Instructor-Led

Contact Hours

In-Person
22.5

Virtual Instructor-Led
32

CEUs

 In-Person
2.3

Virtual Instructor-Led
3.2

Length

In-Person - 3 Day

Virtual Instructor-Led - 10 weeks

Level

Foundation

Designed for public procurement professionals who are new to the profession or have 1-5 of experience.

UPPCC Domain Alignment

Domains 1, 2, 3 & 4

Available in these learning formats...

 Virtual Instructor-Led

This format combines the best of in-person learning by offering live participation with instructors and peers.


  In-Person (CURRENTLY BEING OFFERED VIRTUALLY)

Instructor led discussion style classroom setting for those who prefer focused learning with maximum in-person interactions with instructors and peers.

10 Weeks

  • Digitally-based learning experience housed in Aspire, NIGP’s learning management system.

Course Outline

  • Week 1 - Getting Started: Course orientation and navigation, class introductions and initial course activities.
  • Week 2 - The Essential Principles and Structure of the Unites States Legal System
  • Week 3 - Fundamentals of Procurement Law & Procurement Authority
  • Week 4 - Basic Components of a Common Law Contract
  • Week 5 - The Uniform Commercial Code (Part 1)
  • Week 6 - The Uniform Commercial Code (Part 2)
  • Week 7 - The Legal Context for Formal Solicitations
  • Week 8 - Legal Considerations for Software Licensing and other topics
  • Week 9 - Ethics and Professionalism in Public Procurement 
  • Week 10 - Course Wrap-Up and Final Assessment

3 Day Course

 

Course Outline

  • Day 1:
    • Pre-test
    • History and Antitrust
    • Judicial Structure
    • Types of Law
    • Law of Agency
    • Types of Authority
    • Model Procurement Code
    • Contract Components
  • Day 2:
    • UCC
    • Legal Content
    • Bids
    • Solicitation
    • Competition
    • Sealed Bidding
    • Mistakes, Protests, Disputes
    • Debarment and Suspension
  • Day 3: 
    • Negotiations
    • Software Contracts
    • License Agreements
    • Legal Options
    • Ethics