What is a governmental contract?
Governmental contracts are commercial contracts concluded between public entities (central governmental agencies, regional purchasing agency, public company, local municipality, EU Institutions, etc.) and so-called economic operators (a private company such as wholesaler, Small or Medium Enterprise, NGO, or social enterprise) for the purpose of fulling the public need through spending taxpayers money.
Why is it interesting and relevant?
Firstly outcomes of governmental contracts you can see everywhere around you. Starting from the bike lines that you use, bridges, and university buildings, through digitalized public services systems that you use when registering for the new vaccine. Also consulting, canteen and welfare services for children and elderly, etc. Sectors such as construction, IT, healthcare, education where a private entity plays a role are based on governmental contracts.
Secondly, when public money is being spent, public policies are being implemented through government contracting, such as how we can use public money to make our city/country greener, more sustainable, inclusive, or digitalized.
Thirdly, it is a massive business- the global value of governmental contracting is enormous. For example, the OECD countries alone spend a total of €1000 billion per year on government contracts. In the EU, over 250 000 public entities spend around 14% of GDP each year on the purchase of services, construction works, and supplies.
Lastly, the law is booming, and this field's expertise is needed. National courts and Complaints Boards handle thousands of dispute cases every year relating to governmental contracts, particularly public procurement (a tender process of conducting a governmental contract). The governmental contracting (procurement) rules are constantly changing, which means the amount of case law is always developing and increasing in response. This makes it a lawyers' paradise as professional expertise is needed as great care must be taken when drafting tender conditions, tender offers, and the governmental contract itself
What makes this course innovative?
We focus on establishing the best possible student experience by creating an inclusive and supportive environment. We utilize Absalon to create a one-stop-shop where you can find all necessary toolbox of relevant resources:
- Innovative teaching tools such as professionally recorded and edited short videos that will support your learning experience outside of the classroom
- A podcast that you can listen to and learn on the go
The course also offers a welcoming, professional teaching cohort with vast experience from interaction with various relevant stakeholders in this field.
Contents of the course:
- What is a governmental contract?
- Types of contracts, personal coverage
- Aims, objectives of public procurement regulation (International, EU, and national)
- Stages of concluding governmental contracts (Public procurement process according to the EU Public Procurement Directive)
- Place of policies in public procurement (Environment, Climate Change, SDGs, social inclusion)
- Technology and innovation in public procurement (how to digitalize the process and governmental contract)
How to draft the contract, contractual clauses, modification, and termination of governmental contracts
The learning objective of the course is to enable the students to:
- Explain the purpose of the public procurement rules and their scope of application to governmental contract
- Give an account of the fundamental concepts of government contracting and procurement law.
- Identify relevant problems of governmental contract
- Analyze questions of public procurement law and interpret the law and practice in a concrete context
- Present arguments for different solutions in a structured and coherent manner that demonstrates a good overview of and insight into governmental contracts and applicable law, case law, and practice and the ability to make a qualified choice between these solutions
- Communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent; Develop drafting and negotiating skills
- seminar discussions
- drafting exercises
- Case studies
- Case analyses combined with students presentations
- Group work
- Simulations - instructional scenarios where students are put in a "real-life" situations
Compendium of relevant literature – all of which will be available online or on Absalon – will be provided in course curriculum at the first class
- 7,5 ECTS
- Type of assessment
Written examination, 3 days
- Type of assessment details
- Assigned individual written assignment, 3 days
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
Single subject courses (day)
- Course number
- 7,5 ECTS
- Programme level
- Full Degree Master
Full Degree Master choice
- Students enrolled at Faculty of Law or holding a pre-approval: No tuition fee
- Professionals: Please visit our website
Please see timetable for teaching hours
- Faculty of Law
- Marta Andhov (12-7165767865326572686c737a446e7976326f7932686f)
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