0900
Registration and coffee
0930
Chairman's Introduction
Awarding Public Contracts Lawfully and Skilfully within the Procurement Rules
John McClelland CBE
Conducted the game-changing review of public procurement in Scotland (The McClelland Report). He is Chair of the Scottish Further and Higher Education Funding Council and Interim Chair of Skills Development Scotland. He was Vice President of Worldwide Operations for IBM's personal computer company, Global Chief Industrial Officer. He is Chairman of NQC Ltd and author of the McClelland Review of ICT Infrastructure in the Public Sector in Scotland, conducted on behalf of the Scottish Government.
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)?
Morag Ross
Barrister, Axiom Advocates
Has an extremely strong procurement practice. She is singled out for her "diligence and effective style in the courtroom". She is instructed in several current procurement actions, by North Lanarkshire Council in proceedings in the Court of Session and also acts for the Scottish Information Commissioner.
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?
Karyn Watt
Partner, Anderson Strathern
Is legal advisor to the National Specialist Contractors Council, she sits on the Scottish Building Contractors Committee. A Law Society of Scotland accredited specialist in construction law, she is involved in some of the biggest construction projects in Scotland including City Legacy (the Commonwealth Games athlete’s village).
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?
David McGowan
Associate, Maclay Murray & Spens
Is "recognised for his particular specialism in procurement work". He recently advised Transport Scotland on the procurement of operating companies to manage the Scottish trunk road network. |
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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, John McClelland CBE, 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. |
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?
Iain Mitchell QC
Murray Stable
Is highly rated for his "first-class work" in public procurement. He is an "admirably fine speaker, extremely creative and a genuine blue-sky thinker”.
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?
Duncan Osler
Partner and Head of Public Sector and Government Group, MacRoberts
Has "notable expertise in public procurement". His "strengths lie in social enterprise, structuring and procurement matters" and giving "sound", "practical" and highly sought after advice.
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?
Jennifer Robinson
Senior Associate, Pinsent Masons
Has a "very well-recognised procurement practice". She is known for being "extremely clear and always ready to help out". Is part of team advising the Department of Health on the procurement of a multi-supplier national framework.
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?
Mark Clough QC
Partner and Head of the EU Practice, Brodies
Is one of Europe’s best procurement practitioners. He is “highly charismatic, a gifted speaker” and stands out for his superb “understanding of public procurement”.
1510
Afternoon tea
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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?
Graeme Young
Partner, Dundas & Wilson
Is highly rated for his procurement practice. He has a “great ability to see the wood from the trees and gets to the heart of the matter - he provides very practical advice".
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?
Douglas McLachlan
Associate, Biggart Baillie
Specializes in both defending and making contentious procurement challenges for clients such as West Lothian Council and Lightways (Contractors). Acts as a tutor for the University of Edinburgh on its LL.M programme in Innovation, Technology and the Law.
1700
Close of conference
Expert Practitioners
Karen Bowman
Director of Procurement, University of Edinburgh
Has over 20 years experience in high value public procurement, managing lean teams in NHS and university sectors, delivering collaborative procurement across a wide portfolio including IS/IT and PFI projects and advising the Government on policy and processes.
Ron Hardwick
External Procurement Adviser, Lothian and Border Police
Chairs CIPS’s influential Contracts Specialist Knowledge Group. Gained experience as Head of Procurement at City of Edinburgh Council where he helped streamline processes and reduce costs. Has 26 years experience in public procurement.
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