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 proposals on the future of public procurement have the stated aims of enabling authorities to procure more efficiently and more sustainably. Have they achieved this in practice? Will procurement procedures be simpler, cheaper and greener in the future?
* What do the new proposals say about part B services, dealing with conflicts of interest, green procurement, material change and has competitive dialogue had its day?
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?
* 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 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:
Kate Rees
Consultant, Hogan Lovells
Is one of the best procurement lawyers in the country. "She is very smart, has a wealth of experience and gives superb advice". Worked with Royal Mail on solving difficult procurement issues arising from a £200 million framework agreement for property-related maintenance and small capital works.
Peter Andrews
Partner, Shoosmiths
Specialises in all aspects of public procurement, from routine advice to high-profile PFI and outsourcing projects. He is a superb communicator and recommended for the "straightforward way in which he presents information to non-lawyers."
Kevin Treeby
Former Deputy Director, Commercial Services Directorate, House of Commons
Has 30 years global procurement experience gained at the MoD’s Procurement Executive, the United States Navy and the DoH’s Purchasing Unit (of which he is a former Head of Procurement).
David Gollancz
Barrister, Keating Chambers
Is an excellent and highly engaging speaker and one of the best respected procurement lawyers at the Bar. As former Head of the Public Sector Practice at Field Fisher Waterhouse, he has an "excellent understanding of public sector issues". and is known to be “sharp, reliable and pragmatic”.
Michael Mousdale
Partner, Trowers & Hamlins
Is singled out for his outstanding procurement experience. Known for his “highly practical and solution-focused advice", he has advised on some of the most complex and innovative deals, including the first ever local government PFI scheme, for the London Borough of Lambeth and the landmark Greater Manchester Waste Project.
Jennifer Robinson
Senior Associate, Pinsent Masons
Is recognised for her "commercial nous and comprehensive knowledge" of EU procurement. She is part of the team advising the Department for Culture, Media and Sport on the procurement of a framework contract for its rural broadband programme.
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".
Charles McSweeny
Director Procurement and Supply Chain Management, Sweett Group
Has a wealth of experience in guiding the NHS and local and central government through difficult procurement exercises.
Andrew Taylor
Head of Procurement & Supplies, Norfolk Constabulary
Simon Taylor
Barrister (pupil), Keating Chambers
A former partner of Wragge & Co now moving to the Bar, he is described as "focused, pragmatic and commercial". He advises central government bodies, local authorities, NHS bodies, housing associations on the application of the public procurement rules.
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