Public Procurement 2020

20 Jul, 2020, Seri Pacific Hotel

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Prof Dato’ Salleh Buang (Barrister-at-Law, Lincoln’s Inn), previously served as a Federal Counsel in the Attorney General’s Chambers in Kuala Lumpur before he left for legal practice, the corporate sector and finally academia. Until 2013 he was a Visiting Professor at UTM Skudai, Johor

 

Author of more than 30 books and monographs, he had conducted over the last three decades seminars and courses over a wide range of topics including property law, construction, housing, strata development and international joint ventures. He now writes regularly for his weekly column in the New Straits Times and Utusan Malaysia.

 

Resident in Alor Setar Kedah, he is the Deputy Chairman of the Kuala Lumpur Foundation to Criminalize War (KLFCW).


Venue Details

Seri Pacific Hotel
Jalan Putra 50350 Kuala Lumpur,
Phone : 03 4042 5555
Fax : 03 4043 8717

Click For Hotel Location

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
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.
OBJECTIVE
This is the third in the series of Public Procurement courses organised by IPA, following two series organised in 2019.


In November 2018, Finance Minister Lim Guan Eng informed the Dewan Rakyat (when he tabled the 2019 Budget) that the federal government intended to draft a Procurement Act in 2019. As of February 2020, however, the draft Bill has not been tabled in Parliament. Official sources informed the organizer that the draft Bill is in the final stages of review and evaluation.


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 procurement.


This one day course will provide the participants with an in-depth knowledge of various legal issues, current trends and challenges, empowering them to achieve the best practices and maintain the highest level of compliance of public procurement in the future.
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
COURSE OUTLINE
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

  • 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
  • Cartels – solutions under Malaysian Competition Act 2010
  • NACP 2019-2023
3:45

Session Four

  • Procurement as part of Good Governance (GG)
  • Recommendations for improvement – internal control mechanisms, external oversight systems
  • Modernization of procurement law – issues, structure, elements
    Procurement law in other jurisdictions – Croatia, Denmark, Singapore.
  • Q&A; Summing up – getting ready for compliance
5:00 End of Course