- Code LAWS8593
- Unit Value 6 units
- Offered by ANU School of Legal Practice
- ANU College ANU College of Law
- Course subject Laws
- Areas of interest Law, Legal Practice
- Academic career PGRD
- Mode of delivery Online
This course is designed to meet the needs of practising lawyers and senior public and private sector managers who advise, work, or are about to do so in procurement, and contracting out (outsourcing) more generally. The content of this course is also relevant to the private sector and non-government organisations in their efficient and effective conduct of their tendering and outsourcing activities.
The course focuses on Commonwealth law and practice. However, where possible and appropriate, relevant comparisons and critiques of state and territory processes will be incorporated.
The course considers the legal and regulatory framework within which procurement takes place and analyses the often complex and technical legal issues that apply to procurement, with a focus on government procurement. In doing so the course will consider:
• the constitutional and legislative framework, in particular the financial management regulatory framework;
• the procurement framework, including relevant legislation, rules, policies, processes and procedures;
• legal principles applicable to the conduct of procurement;
• procurement methodologies;
• legal risk analysis, risk assessment and risk management;
• probity principles and ethics in procurement;
• practical issues concerning drafting, finalising and advising on procurement documents;
• drafting evaluation criteria and evaluation methodologies, considering their importance in procurement activities, for example, fulfilling the objective of “value for money”;
• the conduct of evaluations and appropriate documentation for: evidence of applying the evaluation criteria;
evaluating responses to a procurement process; the evaluation report; and finalising procurement processes, including debriefing unsuccessful tenderers.
The course will equip participants with the capacity to apply an advanced body of legal knowledge and principles in a range of contexts for professional practice in procurement.
Upon successful completion, students will have the knowledge and skills to:On completion of this course, a student/participant will:
1. demonstrate an advanced and integrated understanding of a complex body of knowledge incorporating the legal framework and practical aspects of complex procurement, probity, evaluation and risk;
2. demonstrate mastery of theoretical knowledge of legal and ethical principles, issues, implications and risks, and a sound understanding of the context and methods applicable in conducting, and responding to, procurement activities;
3. demonstrate current knowledge and cognitive abilities to advise a range of clients on legal, probity, policy and related issues relevant to:
a. the three key phases of procurement (pre-procurement, conduct of procurement and post-procurement), and
b. a two-stage tender process (expression of interest and request for tender);
4. demonstrate technical legal and analytical competence, drafting and communication skills to draft and / or advise on procurement documentation, such as:
a. tender documentation,
b. statements of requirements and specifications,
c. probity plans, and
d. evaluation criteria and evaluation methodologies,
to implement a procurement process in accordance with best practice;
5. critically analyse and apply expert judgment by synthesising complex information in advising on ethical and probity issues arising within a procurement context and transmit that information to specialist and non-specialist audiences;
6. demonstrate cognitive skills to identify, contextualise and advise clients of their options through critical analysis of complex information, including legislative and regulatory requirements, to provide appropriate solutions for clients;
7. research and apply appropriate methodologies, technical, legal and practical knowledge to autonomously develop solutions-focused strategies to a challenging set of facts and circumstances and interpret that information in advising on commercial, legal, probity and risk issues that arise in the conduct of government procurements;
8. demonstrate and apply initiative and ethical behaviour in undertaking a professional, critical review of a procurement process and in preparing to conduct a debriefing to an unsuccessful tenderer.
Topics, teaching approaches, learning activities and assessment are designed to develop cognitive, technical and practical skills and knowledge to be able to:
• draft and/or review procurement documents, and
• advise on probity matters, ethical issues, risk management and evaluation processes, arising in relation to pre-procurement and procurement phases.
The course will allow students/participants to engage in a problem-based client scenario for the purpose of advising on methodologies and options available to initiate, undertake, conduct and conclude a procurement process.
Indicative AssessmentThere will be three assessment assignments comprising the following indicative requirements and values.
1. 20% Discussion Forum
2. 35% Critical Analysis and Advice
3. 45% Probity Plan / Procurement Documents and Advice
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WorkloadThe workload is 10-12 hours per week during semester.
This is a wholly online course. It will require continuous online participation throughout the course, as students will be required to participate in discussion forums and other activities in order to satisfy course completion requirements.
Students will study online and, where provided, will be expected to participate online in Live Classrooms on Adobe Connect, participate in any group activities and in individual research and studying.
Requisite and Incompatibility
Preliminary ReadingA course outline will be provided including a reading list.
There is no prescribed textbook. However, students will find Seddon’s book very useful as background reading, as we will not be covering government contracts in this course.
• Seddon, Nicholas, Government Contracts – Federal, State and Local, 5th ed, Federation Press, 2013
• The Laws of Australia, Title 8.8, Government Contracts, Chapter Eight – Tenders
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
Offerings, Dates and Class Summary Links
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