Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

Wed 8 May 2019

Radisson Blu Royal Hotel Golden Ln Dublin

Answers to 16 Thorny Questions: Directly from 11 of Ireland’s Most Sought-After Lawyers and Industry Experts

Schedule

  1. Registration and coffee

  2. Chair's Introduction

    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" and gives "more than legal advice, he gives sound business advice."

    Panellists:

    Greg Power, Head of Capital Projects, Trinity College Dublin
    Ross McCarthy, Chairman, Irish SME Association
    Edward Quigg, Director, Quigg Golden

    Greg, Ross and Edward will be taking questions and sharing real life examples of how practically to apply the legal solutions in between each of the individual sessions.

  3. 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: Fergal Ruane of ByrneWallace

    Fergal advised the government on the roll-out of €100 million in grant-aided telecommunications infrastructure. He is the former Head of Legal for Transport Infrastructure Ireland.

  4. 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: Eamonn Conlon of A&L Goodbody

    Eamonn is “pre-eminent - the guru you go to for all the angles.” He drafted the standard form public works contract and is currently advising on the new children's hospital.

  5. Morning coffee

  6. 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: Jenny Mellerick of McCann FitzGerald

    Jenny is "great at making a call on the grey areas of procurement law." She is advising Transport Infrastructure Ireland on tenders for two service areas on the M6 and M9 motorways.

  7. Brexit

    What is the impact of Brexit on existing contracts or frameworks, e.g. supply chains or mini competitions?

    What changes and risk assessments must you consider for your new tender competitions?

    Answered by: Peter Curran of Eversheds Sutherland

    Peter is “one of Ireland’s go-to procurement lawyers.” He is leading the team advising EirGrid on the procurement of the Celtic Interconnector Project, the electricity link between Ireland and France.

  8. Lunch

  9. 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: Anna-Marie Curran of A&L Goodbody

    Anna-Marie is advising CIE on the outsourcing of its data centre and data hosting to Vodafone. She is one of the 10 "most highly regarded" individuals globally, for public procurement.

  10. 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.

  11. Environmental objectives

    How do you build environmental objectives into your tender?

    How do you score them and enforce them, such as non-use of single-use plastics and Nearly Zero Energy Building?

    Answered by: David Browne

    David is a practising barrister and is the co-author of the leading practitioner text "Procurement Law in Ireland" (published in 2018) as well as the author of "The Law of Local Government" (the second edition of which is due to be published in late 2019).

  12. Over-run

  13. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500