Awarding Public Contracts Skilfully and Lawfully within the Northern Irish Procurement Rules

Programme

1. 09:30

   Registration and coffee

2. 10:00

   Procurement Act 2023

   Where are the risks in the new Act, where will the procurement challenges come from and how can you use the new flexibilities to your advantage?

   Chaired by Micaela Diver of A&L Goodbody

   Micaela "has a forensic knowledge of procurement law and a great knack for analysing difficult legal issues and coming up with the right answer in a way that is crystal clear to her clients."

3. Panellist

   • Lesley Kippax, Director of V4 Services

     Lesley has 30 years of experience in procurement, including significant roles with the NHS,LA, Police and Defence organisations.

   Lesley and Micaela will impart practical solutions, take questions and comment on the talks throughout.

4. 10:15

   Levelling the playing field

   How do you level the playing field, specify correctly and assess tenders objectively when the incumbent has a favourable position or in-built advantage?

   Answered by Ciara Kennedy-Loest of Hogan Lovells

   Ciara defended Europol, the European Police Office, in two procurement challenges brought before the General Court. She is a Global Elite Thought Leader for Government Contracts.

5. 10:55

   Non-tangible criteria

   How do you incorporate softer, non-tangible criteria into tenders, such as social inclusion, diversity, biodiversity, and accessibility, and evaluate them?

   Answered by Kerry Teahan of Carson McDowall

   Kerry is "clear, concise and action-orientated." "Her work on Northern Ireland procurement is exceptional - advising on some of the most complex and challenging projects."

6. 11:35

   Morning coffee

7. 11:55

   Prior performance

   How do you use new powers to curtail bidders who have scored well on tender submissions but performed poorly on other contracts, without making this known?

   Answered by Sarah Hannaford KC

   Sarah's skill in procurement law is "brilliant and unparalleled." "Her advice is first-class." She acted for HS2 over the procurement process for the design and construction of Old Oak station.

8. 12:35

   Preliminary Market Engagement

   Given the new emphasis on preliminary market engagements, how do you ensure equal treatment, avoid undue bidder influence, and lawfully elicit improved and innovative solutions?

   Answered by Bruno Herbots of Herbots Solicitors

   Bruno is renowned for "his inventive solutions" and for being a highly gifted public speaker. He led the way on the €20m Royal Irish Academy of Music refurbishment procurement.

9. 13:15

   Lunch

10. 14:00

    Incentivisation

    How do "gain share" contracts incentivise suppliers to deliver above and beyond, enhancing the outcome? When do they work, and when do they fall short, supported by practical examples?

    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.

11. 14:40

    Framework difficulties

    How do you control - and overcome - difficulties with frameworks, including exceeding estimated contract values, the likelihood of challenge and the impact of the Procurement Act 2023?

    Answered by Lisa Boyd of Eversheds Sutherland

    Lisa is “very well regarded for her stellar procurement practice.” She is an Executive member of the Procurement Lawyers Association and presented to the Cabinet Office on the new UK Procurement Bill.

12. 15:20

    Negotiation angles

    How far can you push negotiations with bidders whilst remaining compliant with the regs, including new routes to market and post-tender negotiations?

    Answered by Amardeep Gill of Trowers & Hamlins

    Amardeep is advising on procurement projects involving 5G technology rollout. He was awarded the Acritas Star Lawyer accolade and is on the Strategic Advisory Board for the CNM Think Tank.

13. 16:00

    Close of conference