Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

Chair's Introduction

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 and is a guest lecturer at QUB, as well as Treasurer of the Adjudication Society.

Clarification

Often bidders make mistakes, so how far can you push the boundaries of Regulation 56(4): allowing a bidder to clarify after the tender deadline?

What can you accept, with live examples?

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."

Distressed contractors

What are the warning signs of a contractor in financial distress?

What can you actively do to ensure that your service is continued and delivered within the rules?

Answered by: Emily Heard of Bevan Brittan

Emily is author of "NHS Procurement Knife Fight." She acted in the Fair Crime Contract Alliance litigation, which is described as the most complex public procurement dispute ever brought.

Price/quality ratios

Is there a creative way of going beyond conventional Price/Quality formulae and scoring methodologies?

Why do standard deviation calculations disadvantage some bidders?

Answered by: David Hansom of Clyde & Co

David is "razor sharp, incredibly clued up and achieves sensational results." He advised on the regeneration of the HMS Daedalus site in Hampshire and New Covent Garden Market.

Social value

How do you build social value objectives into your tender?

How do you score them and enforce them, such as living wage, carbon reduction, regeneration, long-term unemployed?

Answered by: Kerry Teahan of Carson McDowell

Kerry advises on some of the most complex and challenging procurements in Northern Ireland. "Her knowledge, understanding and capacity to solve problems are second-to-none.”

Past performance

Drawing on grey area examples, how do you score past performance and evaluate it meaningfully?

What, when and who do you ask?

Can you take the feedback at face value?

Answered by: Sarah Hannaford QC of Keating Chambers

Sarah’s skill and authority in procurement law is “brilliant and unparalleled." She acted for HS2 in a challenge to the pre-qualification stage of the procurement of rolling stock.

IT platforms

How do you balance the rules with commercial reality when procuring a major IT platform?

What is the maximum contract duration?

Can you extend because of prohibitive replacement costs?

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 solutions" and for being a highly gifted public speaker.

Peering into the fog

Do the EU provisions still apply?

Where are you obliged to advertise, e.g. OJEU?

What about contractors and supplies from the EU: prices, extensions, supply chains and new contracts?

Answered by: David Gollancz of Keating Chambers

David established the Treasury Solicitor's Public Procurement Team. He brings a huge number of cases to the table. He "just doesn't stop until he's found you a solution or an argument."