Registration and coffee
Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules
Tue 22 May 2018
The Conrad Hotel Earlsfort Terrace, Saint Kevin's Dublin
Answers to 21 Thorny Questions: Directly from 8 of Ireland's Most Sought-After Lawyers and 3 Industry Experts
5 hrs CPD
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Awarding public contracts skilfully and lawfully within the procurement rules
Chaired by: Philip Lee of Philip Lee Solicitors
Philip is Ireland's leading authority on public procurement. He "stands out for his talent in public procurement." He gives "more than legal advice, he gives sound business advice."
Bonnie Costello, Deputy Assistant Chief State Solicitor
Greg Power, Head of Capital Projects, Trinity College Dublin
Sean Bresnan, Director of Sourcing, Health Service Executive
Bonnie, Greg and Sean 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: 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."
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: Paul Lavery of McCann FitzGerald
Paul is a "standout rising star" for FOI and disclosure problems. "His knowledge is ground-breaking." He is author of "Commercial Secrets: Breach of Confidence Actions in Ireland."
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: 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.
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: Jim Deane of the Office of Government Procurement
Jim is Head of Policy, with responsibility for the National Public Procurement Policy Framework, the overarching policy framework for public procurement in Ireland.
Close of conference