0900
Registration and coffee
0930
Chairman's Introduction
Awarding Public Contracts Lawfully and Skilfully within the Procurement Rules
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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.
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 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 can 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?
* How does the Localism Act 2011 affect procurement, i.e. who and from whom are you required to procure local services?
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 we have developed a series of thorny questions.
Led by your chairman, Philip Lee, 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:
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.
Bruno Herbots
Partner and Head of Procurement Group, Beauchamps
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".
Kevin Kelly
Partner and Head of the Construction Group, McCann Fitzgerald
Is "highly adept in all questions of public procurement". He stands out for his "shrewd and careful approach". Advised on the procurement of the Aviva Stadium, the National Convention Centre as well as the National Roads Authority on the EUR 1bn procurement of the M50 upgrade,
Westlink buyout and M50 open road tolling.
Finola McCarthy
Partner, Ronan Daly Jermyn
Is "first class" on procurement - "tremendous, flexible and easy to discuss problems and solutions with". She is currently advising on several commercial, pharmaceutical, health sector and railway projects
Robert McDonagh
Partner, Mason Hayes & Curran
Advises public bodies and utilities on public procurement including local labour, fair trade and green public procurement. He played an integral part in developing the DIT's Diploma in Public Procurement (for the National Procurement Service in the Office of Public Works).
Chris Wheeler
Partner, Eversheds
Provides "procurement advice that is both proactive and decisive". Gave major talks at Dublin University and for the Department of Finance. Advises on public procurement tender procedures and framework agreements.
Peter Brennan
Chairman, Bid and Tender Management Services
Has 40 years’ experience in both public and private sector procurement and tendering, especially evaluation studies, strategic planning and public procurement policy - and has carried out projects for Government Departments, the Oireachtas, State Agencies, Local Authorities, the European Commission .
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 |
