Public Procurement 2021

31 May, 2021, Webinar Classroom Training

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PROF. DATO’ SALLEH BUANG formerly served as a Federal Counsel in the Attorney- General’s Chambers, Kuala Lumpur, before he left for private practice, then the corporate sector and finally the academia. He was the Deputy-Dean, Kulliyyah of Laws, International Islamic U niversity until 1990, when he went into full-time consulting.

 

Over the last 3 decades, he had conducted numerous workshops, seminars, corporate briefings and courses covering government procurement, company law, land law, housing development, construction law, joint ventures and planning law. Author of more than 30 books and monographs on a wide range of legal topics, he now writes for his weekly column in New Straits Times, Utusan Malaysia and Sinar Ahad.

 

Until 2013, he was a Visiting Professor at the Faculty of Geoinformation and Real Estate, UTM, Johor.

Venue Details

Webinar Classroom Training

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Procurement Regime In Malaysia
  • Polices, Principles, Tender Procurement Process
  • Regulation And Training Of Procurement Personnel
  • Ensuring Fair Competition & Integrity
  • Poor Procurement Practice & Recommendations For Improvement
  • Corruption And Abuse Of Power / NACP 2019-2023
  • Modernization Of Procurement Law
OBJECTIVES

This is the fifth seminar on Public Procurement: Law and Practice organised by IPA (in both English and Bahasa Malaysia versions) since 2017.

At present, Malaysia has drawn up its Policy and Principles of Public Procurement, but has not enacted any modern specific procurement legislation. In November 2018, the Dewan Rakyat was informed that the federal government intended to draft a Procurement Act in 2019, but until January 2021 there had been no new developments.

 

The Auditor General’s Report 2019 stated that several government departments continued to be not complying fully with the procurement regime established by the government. The report also said that the development of the new ePerolehan system was not efficient and effective, apart from being delayed by three years.

 

This intensive one day course will provide the participants with an in-depth knowledge of the law and practice of public procurement, focusing on current critical issues, trends and challenges, with a view to empowering them to achieve and maintain the best practices of Public Procurement in the future.

WHO SHOULD ATTEND
Chief Procurement Officers, Procurement Managers, Sourcing Officers & Managers, Purchasing Officers & Managers, Acquisition Officers & Managers, Finance Managers, Inventory Officers & Managers, Legal Officers & Advisors, Account Officers & Managers, Company Advisors, Board Members, Compliance Officers & Managers.
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
WHAT YOU WILL LEARN
9:00

SESSION ONE

  • Public Procurement – principal elements, evolution of procurement in Malaysia
  • Importance of public procurement – 5 objectives of procurement
  • Governing laws & administrative instruments
  • Policies and Principles – public accountability, transparency, best value for money, open fair competition, fair dealing
  • Procurement entities – federal government, state governments, local authorities, statutory bodies
  • Categories – works (construction & Categories – works (construction & engineering activities), supply of goods (raw, intermediate, finished products), services (consulting / non- consulting)


10.45

SESSION TWO

  • Procument Methods – direct purchaser, quotations / closed tender, open tender
  • Registration of contractors – works (CIDB), supply & services (MoF)
  • Tender procurement process – specification, tender documents, advertisement of tender (newspapers / portal), sale of tender documents, tender deposits, evaluation of tenders, selection of successful bidders
  • Overview of contract administration – difference between LoI, MoU and MoA; contract documents, disparity with tender documents; work program; Contract Administrators; variation; progress payments; performance / breach; damages
    and penalty; dispute resolution (litigation, arbitration, mediation, adjudication, special court).
12.00

SESSION THREE

  • Managing procurement – plan, operate, monitor, control
  • Appeals, reviews and remedies
  • Remedial action – under Integrity Pact mechanism, through civil proceedings
  • Regulations affecting personnel responsible for procurement
  • Training of personnel in charge of procurement
  • Types of procurement – direct purchase, quotation, tender
  • Ensuring fair competition – equal footing (10 principles)
  • Best value for money
  • Ensuring integrity – Integrity Pact (IP), guidelines to ensure integrity, monthly report to MoF
  • Disciplinary proceedings of companies registered with MoF – offences, disciplinary actions, procedure, agency’s
    responsibilities
  • Q&A I (Morning Session)
1:00 Lunch
2:00

SESSION FOUR

  • Poor procurement (case study of past cases)
  • Weakness of the procurement regime
  • Recommendations for improvement
  • Clauses relating to corruption in procurement documents
  • Integrity issues in public procurement – circumstances contributing to breaches of integrity
  • Abuse of power in public procurement
  • Combating corruption and abuse of power – case study
  • Cartels – solutions under Competition Act
  • NACP 2019-2023 (quick overview)
3:45

SESSION FIVE

  • Auditor-General’s Reports – lessons we must learn
  • Problems and challenges in Malaysian public procurement
  • Procurement as part of good governance (C4 Centre position paper)
  • Recommendations for improvement – internal control mechanisms; external oversight systems
  • Reforming Public Procurement (2017) – emergency procurement, implementation of SL1M, appointment of contractor to complete sick projects, establishment of CCP in ministries, JPM, JKR, JPS
  • Modernization of procurement law – the challenges
  • Procurement law in other jurisdictions – Croatia, Denmark, Singapore.
  • Q&A II (afternoon session).
  • Summing up.
5:00 End of Course