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?
David Nash
Consultant, Pinsent Masons
"Leads the team and is famed for his "ability to craft unexpected bespoke solutions" - Chambers
0950
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 account if not available?
* Is it proportionate to insist design teams and individual consultants have very high turnovers and PI cover?
Roger Cotton
Partner, Brodies
"Projects lawyer with specific experience in guiding major Scottish contracting authorities through complex procurement negotiations. and advising on procurement procedures which deliver value for money as well as compliance" - Chambers
1025
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?
Duncan Osler
Advises widely on EC public procurement law, including on all aspects of tender competitions, state aids, concessions, procurement audits and available remedies, as well as on Scottish Government project consents and approvals and the procedures of the Scottish Parliament
1100
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?
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* Will the contracting authority be able to reclaim costs incurred if the process is stalled but it is later shown the authority acted properly?
Michael Dean
Partner, Maclay Murray & Spens
"Covers a wide variety of competition and EU law matters, and divides his time between Glasgow, London and Brussels"
1135
Morning coffee
1150
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)
Karyn Watt
Partner, Anderson Strathern
"Is legal advisor to the National Specialist Contractors Council, sits on the Scottish Building Contractors Committee, is New York bar qualified, an accredited mediator, and accredited by the Law Society of Scotland as a specialist in construction law
1225
When do changes to an existing contract result in 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?
Fenella Mason
Partner, Burness
"One of Scotland’s highest regarded construction lawyers with “astute mind and methodical style” - Chambers
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1300
Lunch
1400
To what degree when challenged are you compelled to withhold disclosure of ‘sensitive' commercial information?
* How robust are the exemptions to disclosure in the FOI legislation - for instance with regard to poor references and by which other means can you be pursued – with regard to the Veiola Waste Management case?
* Can you insist lawfully that third party consultants/contractors/developers help with the provision of information?
Roger Cotton
Partner, Brodies
"Projects lawyer with specific experience in guiding major Scottish contracting authorities through complex procurement negotiations. and advising on procurement procedures which deliver value for money as well as compliance" - Chambers
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1435
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?
Graeme Young
Senior Associate, Dundas & Wilson
‘Has a great ability to see the wood from the trees and get to the heart of the matter - he provides very practical advice' - Chambers
1510
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?
Duncan Osler
1545
Questions and discussion
1600
Afternoon tea
1630
Close of conference
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