0900
Registration and coffee
0930
Chairman’s Introduction
Procurement: Shaping New Law into Highly Developed Advice for Clients
Ciara Kennedy-Loest
Partner, Hogan Lovells
"'Named Global Public Procurement Lawyer 2010, she has "exceptional talent and pre-eminence in the field" (Who's who legal). “Clients choose her for particularly complex procurement issues because she understands what you are trying to achieve and helps you adapt your processes accordingly” - Chambers..
0940
Question set 1:
EU Green Paper
The EU Green Paper on the Future of Public Procurement acknowledges the unpopularity of the Competitive Dialogue. What, if anything, will be done to improve the Competitive Dialogue and can you expect the return to favour of the negotiated procedure?
Heide Rühle MEP
European Parliament
1015
Question set 2:
Mutualised Companies
The staff of many local authorities are considering forming mutualised companies to provide services; what scope is there to avoid Teckal and make a direct award of contract on the grounds that there is no market for those services?
• Can you square the case-law with the Commission's view as stated at section 2.3 of the procurement Green Paper?
• Are these excluded contracts for reason of "exclusive right" under Regulation 6(2)(l)?
Michael Bowsher QC
Monckton Chambers
“Is a true luminary in the field of procurement… admired for his unparalleled knowledge, terrific client handling and ability to translate complex arguments into innovative and clear points" – Chambers.
1050
Question set 3:
Interim Suspensions and Ineffectiveness
Reviewing all the relevant cases, which principles are the courts applying to determine interim suspensions and questions of ineffectiveness?
Will the current approach to lifting suspensions be challenged for being at odds with the Regulations?
• Does the mere issue of a skeleton claim form (which may not have any detail at all about the substance of a claim) have the effect of halting the procurement under the auto suspension provisions?
Sarah Hannaford QC
Keating Chambers
"Particularly sought after for her procurement expertise… someone who will work unbelievably hard for you, she has a punchy and pragmatic style and is seen as a formidable yet approachable opponent" - Chambers.
1125
Morning coffee
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Format for the day:
Led by your chair, Ciara Kennedy-Loest, speakers will give a short, highly detailed 20-minute presentation, before the question sets are handed over to the Commission and and European Parliament for a 5 minute reaction and then opened to the audience for 10 minutes of questions and discussion.
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1140
Question set 4:
Contract Variations
How can you accurately determine the dividing line between permitted and unlawful variations; on which side does a change in circumstances, new government policy, or poor performance fall?
• How can you lawfully draft clauses which will give you greater flexibility on variations?
Charles Béar QC
Barrister, Fountain Court Chambers
Is "absolutely brilliant... probably the best advocate in terms of holding everyone's attention - the court just listens and respects him" - Chambes.
1215
Question set 5:
Second Generation Tenders
When re-tendering second generation outsourcing agreements, the incumbent normally holds an advantage (because of the cost attached to change)?
• To what extent if any, must you level the playing field in the evaluation process?
Nigel Giffin QC
Barrister, 11 King's Bench Walk
"Knows procurement like the back of his hand... is extremely user-friendly, being straightforward, commercially minded and a great team worker... particularly recommended for providing strategic advice on preventing challenges" - Chambers.
1250
Extra time for questions and discussion
1300
Lunch
1400
Question set 6:
Called Off Contracts
The Regulations state you must "establish the terms" for called off contracts.
• What terms must you establish, in what detail and how much scope do you have for making subsequent changes?
• Can the price competition be left to the mini-competition stage as in the Henry Bros litigation? How does this squares with the definition of a framework agreement as "establishing the terms, in particular as to price"?
Mark Clough QC
Partner, Brodies LLP
Is one of Europe’s finest procurement practitioners. He is “highly charismatic, a gifted speaker” and stands out for his superb “understanding of public procurement” – Chambers.
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6.0
Law Society & Bar Council
CPD hours |
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1435
Question set 7:
Judicial Review of Procurement Decisions
Following Chandler, recent LSC and Legal Aid Board Cases, is the door open for judicial review of procurement decisions by 3rd parties and if so, how do you establish standing?
Adam Lewis QC
Blackstone Chambers
Is "straightforward, user-friendly and a simply tremendous advocate” (Chambers). He is currently advising West Sussex on the public procurement law implications of its waste disposal contracts.
1510
Afternoon Tea
1525
Question set 8:
Information Disclosure
What information must you disclose to challengers about the winning bid, other bids and the award process, whether as part of the procurement, requested under FOIA or the environmental regulations or as part of a local authority audit or legal proceedings?
Philip Coppel QC
Barrister, 4-5 Gray's Inn Square
Is "an outstanding barrister... an authority on freedom of information matters". Acted for Veolia ES Nottinghamshire Ltd v Nottinghamshire CC & Others; author, Information Rights: Law and Practice 3rd ed. Described in Chambers Directory as having thoroughness and subtlety in his skeleton arguments coupled with awesome firepower once on his feet..
1600
Question set 9:
Uniplex and Sita
How do you determine the deadline for High Court challenges following the Court of Appeal's ruling in Sita case: what counts as sufficient knowledge of a breach? Sita v GMWDA [2010]
• How prudent is it to use a VEAT; does the VEAT reduce risk for the Contracting Authority as one might expect?
Christopher Vajda QC
Monckton Chambers
Is a "fomidable competitor" and a "seasoned campaigner" with a fantasic procurement practice. Acted in Juliet Prew v Secretary of State for Children, Schools and Families, where the court sought to determine whether the Academy Schools programme complies with the public procurement rules.
1635
View from the Bench
Mr Justice Akenhead
1700
Close of conference
Panel
Claudio Romanini
European Commission
One of only two desk officers who has worked on the legistlative package from the outset (ie Directives 2004/17/EC and 2004/18/EC) dealing specifically with issues relating to the competitive dialogue and the Utilities Directive |
