0900
Registration and coffee
0930
Chairman’s Introduction:
Which 7 key differences in the new Remedies Regulations do you need to pay special attention to?
Mark Clough QC
Partner, Addleshaw Goddard
"Known for his substantive procurement expertise, as well as for being a top-notch litigator. Since November 2007 he has been involved in two significant procurement cases before the High Court in Northern Ireland, both arising out of challenges brought by unsuccessful bidders" - Chambers
0950
Question set 1:
To what extent is it permissible for you to ease the PQQ process for the benefit of SMEs?
* Is it valid to apply a “rule of thumb” formula or standard document to required turnover or 3-5 years accounts if not available?
* Is it proportionate to insist design teams and individual consultants have very high turnovers and PI cover?
Simon Taylor
Partner Wragge & Co
Highly constructive with an intelligent approach, Simon Taylor is an "excellent and incredibly personable lawyer." - Chambers 2010
1025
Question set 2:
By which means can you access the maximum possible benefits for your local community from procurement?
* Which exemption to the rules offers the greatest scope, that is (i) sustainability, (ii) environmental or (iii) social - with references to recent cases?
* To narrow the field, is it permissible to specify “just in time” delivery of goods”, employment of local labour and long-term unemployed or give higher marks for lower carbon emissions?
Aidan Robertson QC
Barrister, Brick Court Chambers
“It was his turn to shine this year, as he acted in the high-profile Lion Apparel Systems v Firebuy. Clients find him to be technically excellent and easy to work with.- outwits his opponents on a regular basis” – Chambers.
1100
Question set 3:
Under the new Remedies Directive, how will a court enforce an order to set aside concluded contracts and cancel prospective contracts?
* How will the new provision, whereby a contract award process is stalled once proceedings have been issued, affect contracting authority and supplier relations?
* Will the contracting authority be able to reclaim costs incurred if the process is stalled but it is later shown the authority acted properly?
Sarah Hannaford QC
Barrister, Keating Chambers
"Energetic and tireless… with blossoming cross-examination skills. Recently appeared in the Court of Appeal in Law Society v Legal Services Commission. As well as advising public authorities, she is often instructed by contractors" - Chambers.
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Format for the day:
In a highly-focussed 20 minute presentation, speakers will offer solutions to a set of tricky questions, followed by 15 minutes for discussion between the industry commentators, speaker and audience.
Please note 187 UK procurement professionals were kind enough to help with this programme. The questions posed and format used are a direct result of this help and advice.
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1135
Morning coffee
1150
Question set 4:
How much are you obliged to tell bidders about your award criteria, evaluation methodology and scoring system?
* Does disclosure of everything provide safety, but also give rise to inefficiency, and increase the risk of rote bidding?
* Is it permissible to make a distinction between sub-criteria and “pieces of evidence for performance” (Lianakis)?
David Gollancz
Partner, Field Fisher Waterhouse
Former head of procurement and commercial contracts team at the Treasury Solicitor's Department. "Praised for his sharp, reliable and pragmatic advice on procurement. Is good at explaining things clearly and getting to the gist of the problem” - Chambers
1225
Question set 5:
When do changes to an existing contract gives rise to a new award that has to be re-tendered (Pressetext)?
* At which precise point does putting right mistakes, adding variations and providing clarity become a material change?
* With added risk from the Remedies Directive, which steps can you take to cover yourself in the event you are not sure?
Mark Clinton
Partner and Head of Construction Team, Thomas Eggar
"Brings his incredibly sharp legal brain and more than 18 years of construction and engineering expertise to bear on procurement problems" - Chambers.
1300
Lunch
1400
Question set 6:
To what degree when challenged are you compelled to withhold disclosure of ‘sensitive' commercial information?
* How robust are the exemptions in the FOI legislation - e.g. poor references - and how else can you be pursued? (Veolla)
5.5
Law Society
CPD hours |
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* Can you insist lawfully that third party consultants/contractors/developers help with the provision of information?
Nicolas Pourbaix
Associate, Lovells
Previously worked in Public Procurement Directorate of European Commission, where was involved in assessment of procurement legislation of the then candidate countries ahead of their accession to EU and WTO Government Procurement Agreement.
1435
Question set 7:
How much “give” can be drafted into call-off mechanisms with reference to (1) direct call-offs and (2) mini-competitions?
* What is the practical purpose of a secondary competition, should it be a simple fee quote rather than a list of questions and answers?
* Can minimum and maximum fee scales be used to avoid large companies 'buying' the project as a loss leader?
Valentina Sloane
Barrister, Monckton Chambers
"Praised for her technical excellence and is seen as being extremely user-friendly and responsive” - Chambers.
1510
Question set 8:
At which point does cooperation between public authorities undermine the objectives of the procurement rules and become anti-competitive?
* What is the SPV's relationship with the supply chain and where is the point at which specifying products for installation fall within the rules?
* Can any standard UK business model for shared services meet the conditions set out by the European court?
David Gollancz
Partner, Field Fisher Waterhouse
1545
Questions and discussion followed by
afternoon tea
1630
Close of conference
Industry Commentators
Charles McSweeney
Director of Procurement, Cyril Sweett
Leads a team of procurement consultants, advising on procurement strategy and implementation for public sector clients.
John Lorimer
Director of Capital Projects, Manchester City Council
Edward Quigg
Quigg Golden
Wide experience in all methods of construction dispute resolution and a leading expert on the legal obligations of procuring work
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