0900
Registration and coffee
0930
Chairman’s Introduction:
Steven Norris
Partner and National Head of Regulated Procurement, DLA Piper
Is one of Europe’s best-rated procurement practitioners. Described as having an “almost encyclopaedic knowledge of public procurement law” – Chambers. He acts for a number of government departments and for the Olympic Delivery Authority in respect of the London 2012 Olympic Games.
0935
Question set 1: Remedies
When should you negotiate collateral agreements or other provisions to protect you against a declaration of ineffectiveness, including the exclusion of liability for compensation to the contractor?
• If an award is set aside, which ancillary orders might the court make to ensure continuity of services?
Mr Justice Akenhead
Was appointed a Judge of the High Court, Queen’s Bench Division and conferred a Knighthood in 2007.
1015
Question set 2: Roanne and Helmut Muller
To what extent are development agreements with public bodies now regulated by the public procurement rules?
• Can you (1) use works concession agreements as an alternative and (2) award a contract without advertisement in reliance on Regulation 14 of the PCR?
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: Teckal et al
As shared services become more popular, how can authorities reconcile tensions between local authority law and the constraints of Teckal?
• Is it permissible to set up a "commercial" subsidiary within Teckal that does not have to comply with EU procurement rules?
Paul Lasok QC
Head of Chambers, Monckton Chambers
Is regarded to have "one of the best minds at the Bar" – Chambers. Advised the London Olympic Games Committee on procurement processes for the London 2012 Olympics.
1125
Morning Coffee
1140
Question set 4: ‘Out of scope’ procurements
To what extent are the courts prepared to enforce advertising and tendering requirements for 'out of
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Format for the day:
The programme has been devised to give you sophisticated insight into the Rules and spark new ideas and highly applicable ways of operating.
Each set of questions is allotted 35 minutes: the speaker will give a short, highly detailed 20-minute presentation, followed by 15 minutes for discussion between the regulatory panel, speaker and audience. |
scope' procurements for example Part B services, below threshold procure-ments and service concessions?
• In the context of valuation and aggregation, what can be taken as a "single requirement" and can Regs 8(9) and 8(13) be used as alternatives?
Rhodri Williams QC
Henderson Chambers
"One of the top people out there for procurement law" - Legal 500. "Wonderfully thorough, practical and quick thinking and highly sought after" - Chambers.
1215
Question set 5: Uniplex
How are the effects of limitation periods post-Uniplex playing out?
• As a response, how can authorities strengthen Alcatel letters and structure debriefing at PQQ and de-selection?
John Howell QC
Blackstone Chambers
'Is one of the smartest barristers in the world...he marshals his arguments in the higher courts beautifully and displays a level of performance that is simply awe-inspiring.' - Chambers
1250
Questions and discussion followed by Lunch
1400
Question set 6: Ruffert et al
At prequalification and selection, can equality, diversity and sustainability ever be "relevant to the subject matter of the contract"?
• Over and above the general guidance, how can you embed community benefits into the specifications?
Charles Béar QC
Fountain Court
Is "absolutely brilliant… probably the best advocate in terms of holding everyone’s attention - the court just listens and respects him” – Chambers.
1435
Question set 7: ‘Sensitive information’
What information can you withhold from challengers about the winning bid and the award process, whether requested under procurement regulations, Audit Commission Act or FOIA?
• Going forward, how much information will be made freely available about public contracts and what impact will this have on drafting and challenges?
Mark Clough QC
Partner Addleshaw Goddard
Is a "highly a charismatic figure and a gifted speaker with a massive reputation in procurement" - Chambers.
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1510
Question set 8: Pressetext, Wall, Commission v Spain
How can you determine the dividing line between permitted and unlawful variations; on which side does a change in circumstances, new government policy, or poor performance fall?
• What can you do at the pre-award stage to maximise the scope for later variations?
Jenny Skilbeck
Monckton Chambers
Is “amenable, collaborative and brilliant… an excellent speaker on procurement” – Chambers.
1545
Question set 9: Evaluation
Is it possible to evaluate experience at the contract award stage?
• To what extent can you advise contracting authorities to hold back evaluation method-
ologies, precise weightings and scoring systems in the tender documentation issued to bidders?
Conor Quigley QC
Brick Court Chambers
Is "highly commercial and solution driven" - Legal 500.
"A real expert on public procurement issues" Chambers.
1620
Close of conference
Your Panel Commentators
Claudio Romanini
Administrateur Principal, DG MARKT C/4 - Politique des Marchés Publics, European Commission
Peter Bennett
Head of EU Development, Office of Government Commerce
Dr Christoph Sobotta
Chambers of Advocate General Juliane Kokott, ECJ
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