Registration and coffee
Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules
Thu 24 May 2018
The Hilton Hotel 4 Lanyon Place Belfast BT1 3LP
Answers to 21 Thorny Questions: Directly from 7 of the UK's Most Sought-After Lawyers and 4 Industry Experts
5 hrs CPD
£249 + VAT
Awarding public contracts skilfully and lawfully within the procurement rules
Chaired by: Edward Quigg of Quigg Golden
Edward is one of the UK's most-experienced public procurement experts. He is a veteran of scores of challenges. He is a guest lecturer at Queens University and the Treasurer of the Adjudication Society.
Bronagh Ferguson of the Central Procurement Directorate
Jason Johnston of Northern Ireland Water
David Barter of Newry Mourne and Down District Council
Bronagh, Jason and David will be taking questions and inspiring practical solutions throughout the day.
How do you assess competence and capability without favouring known-suppliers with experience of the contract type?
Can bidders with sketchy experience refer to projects they carried out for other companies?
Answered by: Ciara Kennedy-Loest of Hogan Lovells
Ciara is a former "Global Procurement Lawyer of the Year." She acted in the challenge to Eurostar's contract award for Channel Tunnel rolling stock. She is "pre-eminent" and "absolutely first class."
What is considered to be a "serious breach," in the context of damages as a remedy being available only when there is a “serious breach” of the procurement regulations?
Answered by: Sarah Hannaford QC of Keating Chambers
Sarah’s skill in procurement law is “brilliant and unparalleled." She defended the challenges from 100 law firms over contracts for legal aid work (one of the Lawyer magazine's most significant cases.)
Using real-life examples, when do review clauses crack the problem of varying a contract as business needs change?
How flexible can they be; how do you get the best out of them; what will be approved by the courts?
Answered by: Mary Dunne of Maples and Calder
Mary is an expert adviser on procurement to the European Commission. She drafts procedures for governments seeking to do business in the EU. She is "tough, convincing and precise."
When facing up to FOI requests, what are the unwritten conventions on what records to release and what to withhold (at different tender stages)?
Is it sensible to keep more or fewer records (such as taped meetings for example)?
Answered by: Clare Dwyer of Addleshaw Goddard
Clare is immensely experienced and right at the forefront of developments. "Her advice is razor sharp and practical." She is co-author of the Government Procurement Review.
What are the golden rules of how not to confer an advantage through early contractor involvement, i.e. (1) pre-market testing, (2) designing tender parameters, (3) specification writing?
Answered by: Bruno Herbots of Herbots Solicitors
Bruno worked on the development of Ireland's National Paediatric Hospital Projects. He is renowned for "his inventive procurement solutions" and for being a highly gifted public speaker.
When can you lawfully strike out a bid from an incumbent (or other bidder) who has not performed twice or more?
What counts as evidence and when is it sufficiently serious?
What if you "know" there is a problem (but it is personal rather than public knowledge)?
Answered by: Nigel Giffin QC of 11 KBW
Nigel is one the UK's star procurement silks. He acted in the £100 million NDA litigation. "His advice is superb: commercially savvy and crystal clear." "He is unfailingly helpful and authoritative."
Drawing on live projects, how is the ESPD process working in practice?
Should you limit the number of previous examples?
What if statements made in it are fanciful?
Answered by: Micaela Diver of A&L Goodbody
Micaela has a wealth of experience in complex High Court procurement litigation. "She is right at the forefront of developments." She acts for NI Water and NIE.
Close of conference