Registration and coffee
Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules
Wed 24 May 2017
Radisson Blu Royal Hotel 8 Golden Ln Dublin
Answers to 17 Thorny Questions: Directly from 8 of Ireland's Most Sought After Lawyers and 3 Industry Experts
Awarding public contracts skilfully and lawfully within the procurement rules
Chaired by: Kevin Kelly of McCann Fitzgerald
Kevin is described as "absolutely superb - the crème de la crème - with guru status for public procurement". He gives practical and highly commercial advice and brings a huge number of cases to the table.
Bonnie Costello, Deputy Assistant Chief State Solicitor, Chief State Solicitor's Office
Greg Power, Head of Capital Projects, Trinity College Dublin
Sean Bresnan, Portfolio Manager, Office of Government Procurement
Bonnie, Greg and Sean will be commenting, taking questions and inspiring practical solutions throughout the day.
Perceptions of bias
How do you eliminate any inference or perception of bias at the tender stage towards certain suppliers, e.g. those who (1) participated in soft-market testing or consultation or (2) are incumbents or project advisers who informed the specification or (3) have staff cross over?
Answered by: Mary Dunne of Maples and Calder
Mary is an expert adviser on procurement to the European Commmision and OECD. She has drafted laws and procedures for governments seeking to do business with the EU. She is "tough, convincing and precise".
Drawing on grey area examples, how do you move your post tender negotiations into compliant post award variations?
On a sliding scale of risk what are the do's and dont's of tender negotiations?
Answered by: Michael Humphreys QC
Michael is one of NI's go to public procurement silks. He is renowned for his excellent advocacy, commercial acumen and involvement in a long-list of leading cases. He is Chair of the Commercial Bar Association.
When budget settlements are so tight, what is the best practice model for Price/Quality evaluation and scoring methodologies?
Is there a creative way of going beyond conventional Price/Quality formulae?
Should we use price:quality ratios?
Answered by: Anna-Marie Curran of A&L Goodbody
Anna-Marie is one of the 10 "most highly regarded" individuals globally for public procurement. She is a superb speaker and communicator. Her advice is innovative and "first-class".
Abnormally low bids
What is a tangible methodology for avoiding widely differing bids and determining abnormally low bids?
Should you determine and record in advance a price level which you consider to be abnormally low?
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.
How do you describe what you are looking for with more subjective criteria without giving the answer to suppliers, e.g. (1) "functionality" or "ease of use", (2) innovative method statements and programmes of work or (3) demonstrations and interviews?
Answered by: Jenny Mellerick of McCann Fitzgerald
Jenny is "great at making a call on the grey areas of procurement law". She is "smart and savvy" and involved in the re-development of both the Aviva Stadium and the Mater Hospital.
What is the key to an objective and legally robust assessment of a bidder's past performance?
How much weight do you give it, especially if the bidder is a start-up, a phoenix company or new to the market?
Answered by: Joseph Dalby SC
Joeseph is author of "Challenging Times – Remedies in Public Procurement". Recent work includes disclosure, scope of the Directive and ineffectiveness. He practices out of Dublin and London.
How do you create a golden opportunity to introduce social value into your contracts?
How do you evaluate and measure it?
How do you enforce it if the bidder doesn’t carry through?
Answered by: Aaron Boyle of Arthur Cox
Aaron advised on eight of the last nine PPPs to financial close in Ireland. Other projects include the HSE's capital programme, service concessions for DAA and Irish Rail and Vodafone's joint venture with the ESB.
Close of conference
** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500