The purpose of this course is to ensure students are comfortable with the importance and hierarchy of legislation, regulations, and concepts of procurement authority. During this interactive course, learners begin to use problem solving and critical thinking skills to navigate through this learning experience that includes reading, video, scenarios, and activities.
Richard Pennington, CPPO, C.P.M., J.D.
From 2013 to 2018, Richard Pennington was general counsel to NASPO ValuePoint, a nonprofit that assists state governments with cooperative procurements. Richard started his Air Force career as a B-52 pilot and later served as a judge advocate specializing in federal government contracting. At the time of his Air Force retirement, he was Chief of the Air Force Commercial Litigation Division. He then served as assistant attorney general for the State of Colorado and later practiced government contract law with McKenna Long & Aldridge LLP. He is a former director of the Colorado Division of Finance and Procurement and State Purchasing Director. Richard teaches NIGP’s Legal Aspects of Public Purchasing course. He has developed NIGP webinars on negotiation and information technology procurement. He writes legal columns for NIGP’s Government Procurement magazine and the National Contract Management Association’s publication, Contract Management magazine.
Upon completion of the course, learners will be able to:
-Identify and define public procurement legal terms, concepts, and principles.
-Describe how the three categories of law—the common law, legislative/statutory law, and administrative law-apply to public procurement.
-Apply basic legal concepts and principles to practical public procurement situations.
The course is comprised of 3 modules, each with lessons, and an overall course assessment. Duration is 2 hours and 35 minutes.
Module 1: Follow the Law – 1 hour 25 minutes
Students learn to identify and understand the source, structure, and priority of laws that apply to their procurements.
Module 1 Introduction - approximately 10 minutes
Lesson 1: The Importance of Compliance - approximately 15 minutes
Lesson 2: Ensuring Compliance with Contracts, Regulations, and Legislation - approximately 15 minutes
Lesson 3: Other Laws Relevant to Compliance: Anti-Trust and Bid Rigging - approximately 15 minutes
Lesson 4: Other Laws Relevant to Compliance: Intellectual Property Laws and Regulations - approximately 15 minutes
Lesson 5: Other Laws Relevant to Compliance: Open Records/Freedom of Information Acts and Regulations - approximately 15 minutes
Module 2: Procurement Authority – 50 minutes
Students learn to understand the authority conferred to agents of a public entity via legislation.
Module 2 Introduction - approximately 10 minutes
Lesson 1: Authority and Agency - approximately 20 minutes
Lesson 2: Delegation - approximately 20 minutes
Module 3: Review Requisitions for Risk – 20 minutes
Students apply course concepts to the review of requisitions.
Module 3 Introduction - approximately 5 minutes
Lesson 1: A Problem Requisition - approximately 15 minutes
Course Assessment: Enabling Regulations and Compliance