In this chapter, we focus on the key aspects of creating and managing different types of contracts and procurement documents. As a procurement professional, you need to understand the nature and purpose of contracts and what constitutes a legally binding obligation. You should also familiarize yourself with a variety of standard elements required for contracts and contract types to be used in a particular procurement operation. At first glance, many readers are probably asking the same question: What does the antitrust division of the Department of Justice have to do with supply chain management? [1] I myself asked this question in a discussion with Devon Mahoney (Technical Assistance […] I recently participated in a research discussion with Chris Yukins of the Public Procurement Program at George Washington University School of Law and Thomas Kull of Arizona State University to examine the impact of the rise of electronic markets on government procurement. In […] The Impact of Intellectual Property Rights (IPR) on Procurement and Delivery Kirk W. Buffington, CPPO, C.P.M., is Director of Procurement Services for the City of Fort Lauderdale, Florida. Prior to joining the public service, he worked in the private sector. He holds a bachelor`s degree from Florida State University and an MBA from Webster University. A strong supporter of the profession, he has held numerous leadership positions in local and national procurement associations.
He sits on the NIGP Board of Directors. In 2003, he was invited to speak at the first International Symposium on Procurement and Government Procurement in Budapest, Hungary. He is a well-known speaker on topics related to government e-procurement. I`ve had a lot of interesting conversations recently with procurement and legal leaders who are increasingly concerned about the state of their contract management processes. This happens for several reasons. The exposure of many companies to […] The impact of legal agreements on the relationships between different parts of a supply chain, including: Interpret and advise colleagues and other internal stakeholders on key labour law regulations affecting procurement and procurement Legal aspects of public procurement, The third edition provides an overview of the relationship between legal norms, Ethical and professional public procurement, not only the links between federal, state and local law, but also best practices within the framework of comprehensive judicial standards. The book examines the ever-evolving legal structures that work together and define the public procurement profession and provides recommended guidance on how practitioners can engage in the function while remaining focused on ethics. However, rather than trying to address all the issues at the heart of public procurement, the book seeks to establish the history and spirit of the law and describe how practitioners can engage proactively and voluntarily not only to perform their function, but also to become advocates for the modernization of public procurement law.
This third edition includes new chapters on sealed competitive bidding and contract management, as well as a completely revised and updated chapter on information technology procurement to better connect to an increasingly digital world. Legal Aspects of Public Procurement promotes an end-to-end orientation of the procurement process and explores the relationships between tenders, proposals, contract management and the latest aspects of technology procurement, providing a theoretical and case-study foundation for beginners and experienced practitioners. “This third edition of the Legal Aspects of Public Procurement enhances previous editions by adding real-life scenarios that allow students to connect the text to the world of public procurement in which they work. The expansion of critical topics such as tenders and tenders by authors makes this text more relevant to today`s procurement effort. These procurement experts create a solid foundation that should be a standard desktop reference for all emerging procurement leaders. Kristy D. Varda, CPPO, CPPB “In professional procurement, we need to continually add value to the procurement process. This revised book, which complements the NIGP Public Procurement Competency Framework, shows you how to create that value. Edward J. Pabor, CPPO, CDT, C.P.M.
Competition Law Affecting Procurement and Delivery As you probably know at this point, drafting and managing contracts covers a wide range of departmental responsibilities and represents a major investment in the required talent. Document formulation issues, unclear specification issues, poor supplier performance, and invisible financial obligations plague many organizations. However, the vast majority of these contractual issues can be reduced or even eliminated by establishing clear process requirements for their development and ensuring that they receive appropriate approval and legal review. Good purchase order and contract management also requires great attention to detail so that the supplier`s compliance with terms and conditions adds the full level of value originally envisioned by the organization. This often involves resolving discrepancies and expediting deliveries, as well as handling disputes and violations. Establishment of procurement guidelines. The main labour regulations that affect purchasing and supply, for example with regard to:. Get Mark Richards` Software Architecture Patterns eBook to better understand how components are designed and how they should interact.
Most major banks (MUFG, Citi, Deutschbank, HSBC, JP Morgan and others) have been forced to review their relationships with external providers in a highly regulated environment. This is old news. But new technologies are now starting to create new ways of […] Use your phone`s camera – scan the code below and download the Kindle app. Analyze and explain to colleagues and other internal stakeholders the impact of intellectual property rights, including licenses, royalties and non-disclosure agreements with the supply chain. Michael Flynn, Esq., is Professor of Law at the Nova Southeastern University Shepard Broad Law Center in Fort Lauderdale, Florida. Professor Flynn received his bachelor`s degree, magna laude, and his law degree, laude, from Gonzaga University in Washington. He has served as a litigator, attorney in private practice, and assistant attorney general in the Washington State Attorney General`s Office. He led the Consumer Protection and Antitrust Division of the Washington State Attorney General`s Office in eastern Washington. He has taught at the University of Washington, the University of Miami and Stanford University. has written more than 35 articles; and conducted or presented seminars and conferences for various professional groups. 1. Basic Principles and Structure of the U.S.
Legal System 2. Fundamental principles of public procurement law and contracting authority 3. The basic elements of a common law contract 4. The Uniform Commercial Code 5. The legal context of formal requests 6. Legal issues relating to sealed competitive proposals 7. The legal context of contract management 8. Legal considerations in the acquisition of information technology 9.
Ethics and professionalism in public procurement 10. Relevant procurement case law Appendix A. PIN Code of Ethics 2018 Appendix B. UPPCC Code of Ethics 2018 Appendix C. Organizational Conflicts of Interest – Consultants.