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Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

  • Wed 14th July 2021 until Wed 17th November 2021
  • On-demand, United Kingdom
  • 5 hrs CPD

£149 + VAT

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Answers to 12 Thorny Questions: Directly From 8 of the UK’s Most Sought-After Procurement Lawyers

  1. Evaluation

    Using recent cases and real-life examples, how far can evaluators push their "margin of discretion"?

    Is consensus scoring essential?

    What happens if there is an impasse?

    Answered by: Kate Gough of Freshfields Bruckhaus Deringer

    Kate acted in the UK's biggest ever public procurement challenge, Energy Solutions v Nuclear Decommissioning Authority. "She is brilliant - a joy to work with - and a problem solver."

  2. Future-proofing

    What is a tangible methodology for future-proofing a new procurement - leveraging the available flexibilities and introducing compliant measures which give you an advantage?

    Answered by: Michael Mousdale of Browne Jacobson

    Michael has advised on some of the most complex and innovative procurements, including the first-ever PFI scheme and Europe's largest local government PFI. "He is a class operator."

  3. Social Value

    What are the practical strategies to demonstrate and evidence social value in a non-arbitrary way, and how can these be evaluated fairly and defensibly?

    Answered by: David Hansom of Clyde & Co

    David is "razor-sharp, incredibly clued up and achieves sensational results." He advised UK universities on the consequences of withdrawal from the EU's procurement regime.

  4. Aggregation

    Given the lack of clarity, when do you aggregate a potentially recurring contract?

    Or view it as sub-threshold and, therefore, outside the rules?

    Answered by: Sam Karim QC of King's Chambers

    Sam acted for Lancashire County Council over the lifting of the automatic suspension in a procurement challenge. "He picks up cases and develops them in such interesting ways."

  5. Incentive contracts

    How can incentive contracts help you secure VFM in new procurements?

    What can and should procurers do?

    Answered by: Edward Quigg of Quigg Golden

    Edward is one of the UK's most experienced and sought-after public procurement experts and a veteran of scores of challenges. "He doesn't sit on the fence but gives you his opinion."

  6. Reforms

    What practically should procurers be doing to prepare for reform, including the Green Paper and the Health & Social Care White Paper?

    Answered by: Emily Heard of Bevan Brittan

    Emily acted in the Fair Crime Contract Alliance litigation, described as the most complex procurement dispute ever brought. "She is clear, concise and a superb communicator."

  7. Early involvement

    How do you control - and overcome - the problems with early contractor involvement, e.g. pre-market testing or specification writing, so you reap the benefits without conferring an advantage?

    Answered by: Simon Taylor of Keating Chambers

    Simon is acting for HS2 in a procurement challenge brought by Bechtel over Old Oak Common station. "He is acclaimed for his expertise, clarity of thought and fantastic skill."

  8. Contract phase

    What are tried, tested and verified methods for ensuring that social value is captured during the contract phase, in other words, that tenderers deliver on promises?

    Answered by: Rupert Sydenham of Hogan Lovells

    Rupert advised NATS over its challenge to Gatwick Airport's 10-year contract award for air navigation services. "He is pre-eminent known for his ability to find solutions to difficult issues."

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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