units

LAW7347

Faculty of Law

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Monash University Handbook 2011 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2011

Synopsis

This unit deals with procurement law for both the public and private sector. The unit explores all procurement activities including sustainment contracts, service contracts and acquisition contracts. The unit begins with a critical analysis of the governance framework for procurement including legislative requirements, performance objectives and social objectives. The unit explores how various procurement options deal with risk including alliances, PPPs, partnering charters and early contractor involvement. Included is an overview of relational contracting theory and practice and how tender selection processes are best managed.

Objectives

Upon successful completion of this unit, students should:

  1. understand the governance framework for procurement regarding major government and private projects including value for money and accountability objectives
  2. understand the major causes of procurement risk and how to treat them
  3. identify appropriate procurement methodologies for projects (includes alliances, partnering, PPPs, and Early Contractor Involvement)
  4. understand the various financing options for projects
  5. understand how to conduct tenders fairly and effectively
  6. understand the various accountability and auditing functions applicable to procurement
  7. understand the benefits and costs of relational contracting
  8. be able to write clearly, concisely and logically on issues relating to procurement law.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)