Certificate in Public Procurement Law and Practice

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Contact Rory O’Boyle at r.oboyle@lawsociety.ie if you would like further information on the course as a prospective student or if you would like to discuss the possibility of collaborating with use on this course either by lecturing or tutoring.

Course Outcomes
This course will provide a sound understanding of applicable procurement law, while giving detailed advices and insight into best practice so as to minimise risk. The rules applicable to the practice of public procurement are increasingly relevant to all practitioners, whether in the context of personally tendering for legal services or, alternatively, when advising public bodies/ utilities or participants in relation to procurement projects. Furthermore, practitioners and other decision makers representing public bodies and utilities who have responsibility for tendering processes are acutely aware of the importance of being fully compliant with domestic and EU procurement regimes.

The course will commence with a broad introduction to the practice of public procurement in this jurisdiction, analysing its growing relevance and importance. We will provide an in-depth analysis of the various sources of procurement law, including the applicable Directives and Regulations and how the general principles of EU law, such as transparency, equality and non-discrimination, affect the application of those rules. Full consideration will be given the scope of procurement law in this jurisdiction, that is who (i.e. what institutions) must comply and in respect of what (i.e. types/level of contacts) and the rules and tests to determine applicability. Particular attention will be focused on both the rules and obligations that practitioners and public sector employees must be aware of when interpreting the terms of the Public Sector Procurement Directive and the Utilities Detective. We will also analyse the domestic arrangements, including Government guidance and Circular 10/10, with specific advices given on how best to apply such domestic arrangements.

Having established the fundamental framework of procurement law in this jurisdiction, we will then analyse the obligations and best practice at each stage of the tendering process, including drafting, evaluation, risk management, debriefing, through to possible remedies available to dissatisfied parties. To build a holistic understanding, we will consider each stage of the process from the perspective of the parties to the tender, including the contracting authority, the service provider and the advisor. We will commence this aspect of the course with an overview of the forms of tendering, including the open, restricted, competitive dialogue and negotiated procedures, while also considering in-depth the thresholds and time-limits that apply. A full analysis of the rules applicable at the tender evaluation stage and the importance of selection and transparency will be provided. Particular attention will be focused on the skills that are required at the debriefing stage so as to minimise potential grounds for complaint. We will conclude the course with a detailed discussion on the remedies available to dissatisfied parties, and the procedural requirements applicable, at both an EU and national level. The final module will provide a presentation and open panel discussion on risk management in public procurement, from the perspective of both the tenderer and the contracting authority.

Course Structure
The course runs over three months and is divided into seven modules:

Module One An Introduction to Public Procurement Law & Practice
Module Two Sources of Procurement Law
Module Three The Tendering Procedure
Module Four Tender Evaluation
Module Five Notification
Module Six Remedies
Module Seven Risk Management

All lectures will take place in the Education Centre in Blackhall Place. However to facilitate those students unable to attend Dublin on a weekly basis, lectures will also be webcast ‘live’ on our secure internet site. This means that students can decide to attend the onsite lecture or, alternatively, to access the lecture online via the course website.

Workshops
Workshops are an important element of all our courses. Workshops are ‘hands-on’ sessions conducted in smaller groups that consolidate the learning process and promote a deeper understanding of course materials. All workshop sessions will take place onsite and students are strongly recommended to attend on Monday, 12th March, 6.00pm - 8.30pm and Monday, 30th April, 6.00pm - 8.30pm. Our first workshop will focus on the skills required when drafting the initial tender documentation, while the final workshop will focus on the law and practice applicable when challenging a particular aspect of the procurement process.

Who Should Attend
This certificate is primarily aimed at solicitors who work as advisors in respect of procurement, either in an ‘in-house’ capacity for public bodies or utilities or alternatively as external advisors. The course will also be relevant to solicitors who personally tender for legal services. Furthermore, the course will be of great interest to decision makers within the public service responsible for managing their procurement process. (Please note, if you are not a qualified lawyer or trainee you must apply with a cover letter and curriculum vitae for approval in order to attend the course).

Lecturers & Tutors
Our courses emphasise a practical 'know how' approach to the law. Our lecturers and tutors are drawn from members of the profession with significant expertise in this area.

Please note: If you are not a qualified solicitor, trainee or barrister – you must send a CV & cover letter for approval. Such applications are subject to a supplemental fee, which amounts to a supplement of €150 in respect of a diploma application and a supplement of €75 in respect of a certificate application.