Procurement Law and Practice
Run by School of History, Law and Social Sciences
15.000 Credits or 7.500 ECTS Credits
Overall aims and purpose
The module will expose participants to an understanding of procurement law and practice. Through an examination of domestic and supranational procurement (EU) legislation, case law and practice, participants will gain an understanding of the objectives of procurement laws and practices, in the context of how they affect procurement, including legal implications for procurers and suppliers, and legal or policy principles through which the objectives are implemented. Participants will also consider how procurement objectives and principles are balanced by regulatory rules by reference to a study of the EU procurement rules for the public sector, utilities sector, concessions and defence procurement. Specifically, participants will examine the application of legal rules over procurement methods and techniques; specifications; qualifications of tenderers and evaluation of tenders; e-Procurement and e-communication; enforcement and supplier remedies; sustainable procurement; and SME concerns. The module will also explore the application of the legal rules to practical issues and scenarios faced by public procurers and suppliers. A strategic element of the module is the presentation of learning from the perspectives of both the public procurement function and private sector supplier organisations, to help advance understanding of the complex issues organisations involved in public sector tendering face, and to develop more creative legally compliant public procurement solutions. The module will be attractive to public procurers; suppliers; policy makers; and legal advisers; as participants will be skilled in developing and applying insights and techniques of analysis to public procurement law issues.
The main areas to be studied include:
-The EU procurement regime (Public Sector and Utilities) – objectives and principles, framework, and coverage;
Procurement methods and techniques;
E-Procurement and e-communication;
The procurement process including specification, advertisement, qualification of tenderers, and evaluation of tenders;
Enforcement (including infringement and complaints) and Supplier remedies;
SME concerns in Procurement;
Concessions Procurement; and
(50-59% / C- to C+)
Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.
(60-69% / B- to B+)
Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where appropriate, propose hypotheses
(70%+ / A- to A*)
Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where appropriate propose hypotheses.
Develop a clear and thorough understanding of the objectives, and main principles which underpin regulated procurement at domestic and supranational level.
Critically analyse the main rules in the European Union (including the various EU procurement directives) on procurement practice.
Critically understand and appreciate how the European Court of Justice and the domestic case law interpret the provisions of Public Procurement legislation, and what this will mean for those who operate procurement in practice.
Critically assess the impact of European Procurement legislation on national Procurement legislation, thereby utilising the knowledge gained to suggest improvements to existing Procurement Law.
Articulate how comparative approaches are taken on a range of issues, including: Settlement of Procurement disputes; Sustainable Procurement; and Electronic procurement.
Teaching and Learning Strategy
Participants will be provided with additional reading materials and will have access to the Bangor University library online catalogue. Participants will be expected to study these materials prior to and after each online teaching session.
Teaching will be in the form of a dynamic combination of pre-recorded lectures available on Blackboard and on-line live lectures facilitated by the lecturer and driven by class discussions and case study analysis at designated times. Students unable to participate at the time of on-live delivery would be able to download the recordings. Approximately 50% of the sessions will be pre-recorded with the remainder to be on-line live lectures.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
- Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- Participants will acquire an understanding of advanced legal theories and jurisprudence concerning the development of Public Procurement Law at International, European Union and domestic levels.
- Participants will acquire critical awareness of current problems and/or new insights, informed by the latest academic literature, legislation and case law.
Sue Arrowsmith, The Law of Public and Utilities procurement, 3rd ed (Sweet and Maxwell 2014)
Abby Semple, A practical guide to public procurement (OUP 2015)
Grith S. Ølykke and Albert Sanchez-Graells, Reformation or Deformation of the EU Public Procurement Rules (Edward Elgar Publishing 2016)
Rajesh Kumar Shakya, Digital Governance and E-Government Principles Applied to Public Procurement (IGI Global 2017)
Gustavo Piga and Steen Treumer, The Applied Law and Economics of Public Procurement (Routledge 2013)
Beate Sjåfjell and Anja Wiesbrock, Sustainable Public Procurement under EU law: new perspectives on the state as stakeholder (CUP 2016)
Roberto Caranta and Martin Trybus, The Law of Green and Social Procurement in Europe (Djof Publishing 2010)
Christopher Bovis, The Law of EU Public Procurement (OUP 2015)
Gian Luigi Albano and Caroline Nicholas, The Law and Economics of Framework Agreements: Designing Flexible Solutions for Public Procurement (CUP 2016)
Christopher Bovis, Public private partnerships in the European Union (Routledge 2013) and
Christopher Bovis, Research Handbook on EU public procurement law (Edward Elgar Publishing, 2016)
Pre- and Co-requisite Modules
Courses including this module
Compulsory in courses:
- M1AY: LLM Procurement Law, Strategy & Practice (Distance Learning) year 1 (LLM/PLSP)