0900
Registration and coffee
0930
Chairman's Introduction
Awarding Public Contracts Lawfully and Skilfully within the Procurement Rules
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Edward Quigg
Director, Quigg Golden
A leading expert on the legal obligations of procuring work, including the EU requirements. He has extensive knowledge of all methods of construction dispute resolution
0940
Incoming EU Proposals
The new EU Proposal on the Future of Public Procurement states that procuring authorities are going to be given more leeway in the tender, so they can procure goods and services sustainably. How much leeway, when and with what effect?
* How are you to evaluate the available criteria (i.e. carbon footprint, renewable energy, corporate social responsibility, transport etc)?
1015
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?
* In standstill letters you must provide the "relative advantages" of winning tenders as stipulated by the Remedies Directive. What does "relative advantage" mean? How do you discharge your obligations without leaving yourself at risk?
1050
Morning coffee
1105
Gaining Local Advantage
How far can you go when opening up to local contractors, local labour, SMEs and the local economy?
* Which Terms and Conditions can you introduce, which evaluation criteria can you apply and which scoring systems can you use?
1140
Contractual Variations
How can you accurately determine the dividing line between permitted and unlawful variations under an existing contract; on which side does a change in circumstances, new government policy, or poor performance fall?
* How about new technology and scientific or medical advances and contractor substitutions?
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Format for the day:
With the help of 263 procurement practitioners from across the U.K. we have developed a series of thorny questions.
Led by your chairman, Edward Quigg, the speakers will give short, highly targeted 20 minute presentations, before the question sets are handed over to the panel for a balanced 10 minute practitioner reaction and then opened to the floor for questions and discussion. |
1215
Contractual Renegotiation
How can you effectively (1) renegotiate the costs of existing contracts downwards and (2) mitigate the risks of terminating contracts altogether?
* How can you lawfully add-on services to an existing contract which you did not anticipate in the first place?
1250
Overrun
1300
Lunch
1400
2nd Generation Tenders
When re-tendering second generation outsourcing agreements, the incumbent normally holds an advantage (because of the cost attached to change, especially when TUPE is involved), how can you create a level playing field?
1435
Contractor Past Performance
To what extent is it possible to reward good prior performance and thereby help an operator win more work or punish poor performance and thereby reduce the operator's chances?
1510
Afternoon tea
1525
Framework Agreements
What is and is not permissible when managing, evaluating and implementing frameworks, mini-competitions and called-off contracts?
* What terms must you establish, in what detail and how much scope do you have for making subsequent changes?
* What is the legal pitfall with developing "rotation systems" between contractors?
1600
Abnormally Low and Unbalanced Tenders
What are the Contracting Authorities obligations in investigating abnormally low tenders - ""ALTs"" - which don't appear to be sound but yet no evidence exists to the contrary?
* What if the tender is unbalanced, i.e. parts are abnormally low, other parts are abnormally high, and the overall outcome is a tender which appears to be value for money?
1700
Close of conference
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Your Procurement Specialists:
Ciara Kennedy Loest
Partner, Hogan Lovells
Named Global Public Procurement Lawyer 2010, she has "exceptional talent and pre-eminence in the field". A supberb communicator and speaker, she is often chosen for “particularly complex procurement issues because she understands what you are trying to achieve and helps you adapt your processes accordingly”.
John Gibson
Head of Procurement, Northern Ireland Assembly
Campbell Browne
Head of Procurement and Logistic Services, PSNI
David Barter
Head of Procurement, Newry & Mourne District Council
Peter Curran
Partner and Head of Project Fimanace and PFI, Arthur Cox
Is simply "excellent for procurement". He is currently advising the Western Education and Library Board on the C2K project and arc21 (11 local councils) and SWaMP2008 (8 local councils) on their respective procurements (by PPP) of residual waste treatment facilities and services.
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.
Philip Lee
Managing and Founding Partner, Philip Lee Solicitors
Is "especially admired for his talent in public procurement". Known for his "tactical and strategic advice" and his "practical and constructive approach to negotiations", he has advised the Health Service Executive on procurement since its inception.
Bruno Herbots
Partner and Head of the Procurement Group, Beauchamps Solicitors
Is "incredibly knowledgeable on procurement". He stands out for "tackling problems with creative solutions". According to European Legal 500, he has "the X factor in construction procurement law".
Sarah Hannaford QC
Barrister, Keating Chambers
Is "a real star" in public procurement. She impresses with her "highly pragmatic advice that goes beyond the simple letter of the law". She regularly advises Government bodies, local authorities and industry clients on complex procurement issues.
Anna-Marie Curran
Partner, A&L Goodbody
Is "renowned for her public procurement expertise". She is an "excellent communicator" and is known as being "immensely pragmatic, and a formidable opponent". Advises a wide range of public sector, utilities and private sector clients and has represented clients in procurement cases in the Irish High Court and the Northern Ireland High Court.
Patrick McGovern
Senior Partner, Arthur Cox
"Exceptional on regulatory and procurement issues". He has extensive experience in Private Finance Initiative (PFI)/Public Private Partnership (PPP) and is Vice-President (and former Chairman of) Irish Society for European Law.
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