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Study program – Edition XX – 2020/2021

Postgraduate Study Program Public Procurement at SGGW in Warsaw *
The program of postgraduate studies at SGGW takes into account the model program of studies in the field of public procurement specified by the President of the Public Procurement Office
No. Topics of the lectures number
hours		 ECTS
1. Introduction to public procurement 8 1
2. Fundamentals of public finances 4 1
3. Selected elements of civil law and commercial law in relation to public procurement 4 1
4. Parties to the public procurement procedure 8 2
5. Organization of public procurement service (50% of classes are workshops) 16 3
6. Preparation of the public procurement procedure (50% of classes are workshops) 24 3
7. The content of the Terms of Reference (SWZ) and the description of needs and requirements (including 50% of classes are workshops) 16 3
8. Conducting a public procurement procedure (50% of classes are workshops) 16 3
9. Public procurement – case study (100% of the classes are workshops) 8 2
10. Evaluation of offers and documentation of the public procurement procedure (including 50% of classes are workshops) 12 3
11. Public procurement contracts (50% of classes are workshops) 16 3
12. Legal remedies and jurisprudence in matters of public procurement (including 50% of classes are workshops) 12 3
13. Public-private partnership 4 1
14. Sectoral procurement 4 1
15. Public procurement control system 8 1
16. Public procurement system in EU law 8 2
17. A new approach to public procurement 8 2
18. Exam
Together 176 35

* The number of hours given in the study program applies to lecture hours 45 minutes of classes + 15 minutes break. The break management system depends on the lecturer conducting the classes.

The ECTS points given in the study program, defined in the European system of credit accumulation and transfer, are a measure of the average workload of a learner, necessary to achieve the assumed learning outcomes.
This system facilitates studying and contributes to the improvement of procedures related to the recognition of studies abroad.

No.Detailed study program
1.Introduction to public procurement:
1. Objectives of the procurement procedure.
2. Providing economic operators with non-discriminatory access to public procurement.
3. Rational and transparent spending of funds.
4. Thresholds for applying the act.
5. General principles of awarding public contracts.
5. The scope of application of the Public Procurement Law (the concept of the contracting authority; the concept of delivery, service, construction work; the concept of public procurement and public procurement procedure).
6. Exclusions of the obligation to apply the PPL Act.
2. Basics of public finance:
1. The concept and essence of public finances (legal basis).
2. Public funds – specificity of incomes, expenses, revenues and outlays.
3. State budget, budgets of local government units and social insurance institutions.
4. Budget deficit and public debt.
3.Selected elements of civil and commercial law in relation to public procurement:
1. Selected terms contained in the Civil Code.
2. Property law.
3. Liabilities.
4. Selected issues of the Commercial Companies Code.
5. Selected issues concerning business activity.
6. The Entrepreneurs’ Law Act
7. The Act on Combating Unfair Competition and the Act on Competition and Consumer Protection.
4. Parties to the public procurement procedure:
1. Participants in the procedures.
2. Obligations of the contracting authority.
3. Obligations of the party accepting the order.
5. Organization of public procurement service:
1. Efficient public procurement service system.
2. Organization of the procurement process.
3. Tender committee in public procurement.
4. Responsibility for actions in the proceedings.
5. Management of contracts in the field of public procurement.
6. Preparation of the public procurement procedure:
1. Analysis of the contracting authority’s needs.
2. Initial market consultations.
3. Description of the subject of the contract.
4. Right of option.
5. The evidence in question.
6. Common Procurement Vocabulary (CPV).
7. Estimating the value of the contract.
8. Minor orders.
7.The content of the Terms of Reference (SWZ) and the description of needs and requirements:
1. The method of formulating specifications in contracts with a value lower than the EU thresholds and greater than the EU thresholds
2. The way of formulating the description of needs and requirements in the basic mode in contracts with a value lower than the EU thresholds.
3. Conditions, their specification of the conditions for participation in the procedure, grounds for excluding a contractor and subjective evidence.
4. The scope of the SWZ and the description of needs and requirements.
5. Content of SWZ and description of needs and requirements.
6. Means of communication between the awarding entity and contractors.
7. Rules for submitting, returning and keeping the bid security.
8. Explanations to the content of the SWZ and description of needs and requirements.
9. Changes to the SWZ and description of needs and requirements.
10. Binding by the offer.
11. Criteria for the evaluation of offers.
12. Subcontracting.
8 Conducting a public procurement procedure:
1. Publication of a contract notice and rules for amending the contract notice.
2. Types of public procurement procedures.
3. Choosing an appropriate procedure for public procurement.
4. Proceedings of the contracting authority in particular modes.
5. Special procedures for awarding public contracts – competition, framework contracts, dynamic purchasing system.
9.Public procurement – case study:
1. An attempt to describe the subject of the contract by oneself.
2. Determining the appropriate conditions for participation in the procedure appropriate to the described subject of the contract.
3. Setting the criteria for the evaluation of offers (other than the price).
4. Submission of the offer – analysis of the SWZ, description of needs and requirements in the context of submitting the most advantageous offer (“competition”, who will submit the most advantageous offer).
5. Attempting to define the charges for appeal (on the basis of materials prepared by the teacher).
10. Evaluation of tenders and documentation of the public procurement procedure:
1. Examination of the offer.
2. Explanation of the offer.
3. Correction of the offer.
4. Rejection of the offer.
5. Evaluation in the light of the bid evaluation criteria.
6. Information after selecting the best offer.
7. Cancellation of the proceedings.
8. Protocol and rules for documenting the proceedings.
11. Public procurement contracts:
1. The issues of public procurement contracts and the content of the contract.
2. Indexation clauses in the contract
3. Securing the due performance of the contract.
4. Cancellation of the contract.
5. Changing the content of the concluded contract.
12.Legal remedies and jurisprudence in public procurement matters:
1. Interest in bringing an appeal as a substantive legal condition for the use of statutory protection.
2. Appeal. Scope of activities covered by the appeal and the manner of submitting.
3. Simulation of a hearing before the National Appeals Chamber
4. Competences of the National Appeals Chamber and jurisprudence.
5. Complaint against the Chamber’s judgment.
13. Public-private partnership:
1. The genesis of public-private partnership.
2. The concept and meaning of partnership.
3. The Act on PPP.
4. Act on concessions for construction works and services.
5. Forms of cooperation between non-governmental organizations and local government units.
6. Contemporary challenges and problems of public-social partnership.
14. Sectoral procurement:
1. Scope of sectoral procurement.
2. General outline of the procedures for awarding sectoral contracts.
3. Special powers of sectoral awarding entities.
15. Public procurement control system:
1. Bodies empowered to control public procurement.
2. Control of the President of PPO – purpose, powers during control, role of the President of PPO.
3. Ad hoc and ex-ante control.
4. Consequences of negative control of the President of PPO – financial penalties, notification of the public finance discipline spokesman.
16. The public procurement system in EU law:
1. Public procurement on the European market.
2. Community law of the European Union (the Treaty of the European Communities, directives and regulations of the European Parliament, the case law of the Court of Justice of the European Union).
3. World Trade Organization (GPA).
17. A new approach to public procurement:
1. Electronization of public procurement.
2. Public procurement friendly to small and medium-sized enterprises.
3. Innovation-friendly public procurement.
4. “Green” and “social” public procurement.
18.Exam