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Course Introduction

The work of public procurement is no longer a clerical function performed independently by various people

throughout different agencies or departments within a government entity. This class provides an overview of the

ever-changing profession by identifying fundamental concepts that affect procurement in the public sector.

Practical examples, discussion, group exercises and case studies will be used throughout the course.

This workshop is intended for individuals interested in an overview of procurement functions for the purpose of

understanding the basic elements that underlie all areas of public procurement. Any government employee or

public officer who has delegated authority to purchase goods and services on behalf of the government, public

firms or bodies should take advantage of this class. Discussion and content is relevant for those outside the

profession who are also impacted by the public procurement environment.

In order to improve the procurement process and expedite the implementation of development projects, thereby

improving public procurement in Africa and beyond, COT MANAGEMENT INSTITUTE, developed this course to help

public institutes turn their procurement units from “cost centres” to “profit centres. Participants will get an

overview of all phases public procurement

will g et an overview of all phases public procurement Overview and Objectives By the end

Overview and Objectives By the end of the course, participants will be able to:

Describe the roles, organization and functions of public procurement

Explain the steps in the procurement cycle and the stakeholder relationships inherent in each step

Demonstrate how public procurement adds value to the delivery of public services

Describe the cultural, social, political, economic and legal environments that impact public procurement

Demonstrate the importance of ethics and professionalism in public procurement

Identify the fundamental sources of public-sector procurement principles and objectives, including trade

agreements, legislation and organizational policies

Differentiate between regular contract law and competitive contract law

Review available procurement methods and tools, including market assessment and prequalification

options

Be aware of the risks of negligence claims, and the importance of controlling who provides information to

respondents

Define copyright, moral rights and other key legal principles that influence public-sector procurement

Describe the steps necessary to obtain approvals to proceed with a procurement

Recognize the key steps of the solicitation and award phase of procurement, including proper handling,

safekeeping and opening of bids and proposals

Describe the key steps in the managing and evaluation phase of procurement

Adopt best practices by capturing and incorporating lessons learned

Who should attend?

The program is primarily intended for senior executives in government and public service. It is also suitable for anyone at senior or junior level who has responsibility and influence in relation to any interaction the organisation has with external suppliers and markets. That could include:

Ministers or other elected representatives

Permanent Secretaries and chief executives

Directors in Ministries or local government

Directors and leaders of arm’s-length bodies and agencies

Consultants working with the public sector

Senior managers and directors of organisations with a commercial / procurement interest

Procurement Officers in Public sector

Procurement Specialist and all those interested in understanding procurement of contracts and tendering

in understanding procurement of contracts and tendering MODULE 1: Procurement Procurement Best Practices Session 1:

MODULE 1:

Procurement

Procurement Best Practices

Session

1:

Management

and

Seeing Procurement as a Dynamic, Interactive System

The System Approach vs. the traditional Functional Approach

What is the goal of Procurement?

Developing the Strategic Procurement Plan

An overview of the procurement process

Procurement as part of the Supply Chain

Session 2: Some Introductory Definitions

What Is Purchasing?

Purchasing Documentation

What is Procurement?

Public and Private Sector Procurement

Types of Procurement

Turnkey Contracts

Session 3: Managing the Procurement Process

Public Procurement Method

Preference for Competitive Methods

The. Case for Restricted/Selective Tendering

Mis-Procurement

Competition

Session 3: The Procurement Methods

Procurement of Goods and Works

International Competitive Bidding (ICB

Other Methods of Procurement

Procurement Planning

Procurement Plan

Procurement Planning Steps

Session 4: Tender Administration

Two Stage Tendering

Pre -Qualification of Tender

Key Features of Tendering

Notification and Advertising

Tender documents

Purpose of the Bidding Documents

Content of the Bidding Documents

Clarity of the Bidding Documents

Preparation of Bidding Document

Submission and Receipt of Bids

Session 5: Bid opening and bid evaluation

Bid Opening

Bid Evaluation

Bid Evaluation, General Procedures

Alternative Evaluation Procedures

Application of Domestic Preference

Post-Qualification

Bid Evaluation Report

Rejection of All Bids

Negotiations

Session 6: Payments

Payment Procedures in World Bank Funded Project

Special Commitment

Statement of Expenditure

Special Account

Checklist for Request to Release Funds

Payment Delays

Trade terms

Incoterms

Freight Forwarding and Clearing

MODULE 2:

Session 1:. Contract Management & Tendering - When does the Process Start?

What You Need To Know To Be Competent At Contract Management

Elements Of A Good Procurement & Competitive Bidding Process

Standards Of Ethical Practice

Example Policy “Relations With Suppliers

Selecting The Right Contracting Strategy

Types Of Statement Of Work

The Importance Of The Contract

Basic Contract Types

Basic Types Of Project Delivery

Session 2: Fundamentals of Contracts and Contract Management Process

Terminology - procurement and contracting

Contract definition - practical and legal

Purpose of contracts

Risk transfer through contracting

Definition of contracting success

Stakeholder expectations

Communications chain

Buyer, seller, and subcontractor terms

Description and uses of contracts

The buyer and seller objectives

Contract management and PMBOK® Guide Contracting Concepts and Principles

Elements of a contract: offer, acceptance, competent parties, consideration, legality of purpose

Terms and conditions

Interpreting contract provision

Negotiation Tips

Pre-contractual

contract effectiveness

documents

and

documents

of

Letters of Intent and Award, Instructions to Proceed

Bonds

Tender documents

Parent Company Guarantees

Letters of Comfort and Awareness

Use of commercial standard documents

Use of General and Special Conditions

Session 3: Needs Analysis

Objectives to requirements documents

Requirements documents to SOW

Contract types

Contract management mistakes

Role of legal department

Session 6: Pre-Award Phase

Developing a procurement plan

Solicitation

Bid/no-bid decision making

Proposal preparation

The buyer and seller’s activities

Buyer activities

Plan purchases and acquisitions

Plan contracting

Understanding the PMBOK® Guide

Session 7: Award Phase

Source selection process

Selection criteria: management, technical, and price criteria

Evaluation standards

Negotiation objectives

Negotiating a contract Session 6: Developing Contract Pricing Agreement

Uncertainty, risk, and performance measurements

Categories and types of contracts

Contract incentives and fees

Time-and-materials contracts

Session 8: Contract Administration

Key contract administration policies

Dealing with non-compliance

Continuous communication

Applicable charges to the buyers and the sellers

Change Management

Termination and contract resolution

Key contract administration policies

Tasks for buyers and sellers

Contract analysis

Performance and progress

Records, files and documentation Resolving claims and disputes Managing the Contract Performance

The Criticality Of Good Contract Administration

Contract Changes

Determining Status And Expediting

Contractor Payments

How Contracts End

Remedies For Breach Of Contract

Types Of Bonds & Guarantees

Session 4: Teamwork-Role and Responsibilities • Concepts of agency • Types of authority • Contract
Session 4: Teamwork-Role and Responsibilities • Concepts of agency • Types of authority • Contract

Session 4: Teamwork-Role and Responsibilities

Concepts of agency

Types of authority

Contract privacy Concept of agency

Privity of contract

Contractor personnel

Session 5: Contracting Methods

Contracting methods competitive and non- competitive

Sealed bidding

Single-source negotiation vs. sole-source negotiation

Session

Services

10:

Procurement

Of

Consultancy

Procurement Methods

Competitive Tendering

Single Sourcing

The Comparative Selection Process

Evaluation of Proposals

Award of Contract

Consultant Data Bank

Performance Rating

Session 9: Code of Ethics In Public Procurement

Anti - Corrupt Measures

Code of Conduct

Training Materials( Soft Copies) and notes Hand-outs

Tablet 10 inch/Laptop

Tea Breaks/ refreshments

Course tuition

Personal action planning

Certification

Follow-up support (on request)