Public Procurement 2019

19 Aug, 2019, Seri Pacific Hotel

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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 University 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 company law, land law, housing development, construction law, joint ventures and planning law. Author of more than 25 books and monographs on a wide range of legal topics, he now writes for his weekly column in New Straits Times and Utusan Malaysia.

 

Until 2013, he was a Visiting Professor at the Faculty of Geoinformation and Real Estate, UTM, Johor. He is currently a Member of the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War (KLFCW).

Venue Details

Seri Pacific Hotel
Jalan Putra 50350 Kuala Lumpur,
Phone : 03 4042 5555

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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 Personnel
  • Ensuring Fair Competition & Integrity
  • Poor Procurement & Recommendations For Improvement
  • Corruption And Abuse Of Power / NACP 2019-2023
  • Modernization Of Procurement Law
OBJECTIVES

At least 30 countries worldwide have their own modern procurement law. This shows that the objectives of the UNCITRAL Model Law of Procurement 2011 to be the basis and catalyst for a uniform procurement law in all countries have achieved only a limited success.

At present, Malaysia has drawn up its Policy and Principles of public procurement, but has not enacted any modern specific procurement legislation. However in November 2018, Finance Minister Lim Guan Eng informed the Dewan Rakyat (as he tabled the 2019 Budget) that the federal government intends to draft a Procurement Act in 2019.

The passage of such a new law is part of the government’s reform agenda as outlined in the National Anti-Corruption Plan 2019-2023 (NACP). When he launched the plan, Malaysian Prime Minister Tun Dr Mahathir said that NACP’s objective is to “clean up” the country to be completely free from corruption in six sectors, including procuremen.

In recent months, the local media published reports of abuse of power and corruption involving public procurements, including the “land swap” scandals of the Ministry of Defense as well as the helicopter purchase scandal involving the same ministry. Both cases were subsequently investigated by the MACC.

This newly designed ONE DAY course will provide the participants with an in-depth knowledge of these critical issues, enabling 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 – Financial Procedure
    Act 1957 (Amended 1972), Delegation of Powers Act 1956, Ministerial Functions Act 1969, Government Contracts Act 1949, Treasury Instructions (Amended 2008), Treasury circulars, Federal central contract circulars
  • 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 & engineering activities), supply of goods (raw, intermediate, finished products), services (consulting / non-consulting)
  • 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).
10.45

SESSION TWO

  • 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 THREE

  • Poor procurement (case study of 10 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 FOUR

  • 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