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Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

  • Tuesday, 22nd September 2020
  • The Westin Dublin College Green, Westmoreland St Dublin D02 HR67
  • 5 hrs CPD


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Answers to 9 thorny questions: Directly from 10 of Ireland’s most in-demand lawyers and doers

  1. Registration and coffee

  2. Chair's Introduction

    Awarding public contracts skilfully and lawfully within the procurement rules

    Chaired by: Jenny Mellerick of Central Bank of Ireland

    Jenny is a public procurement expert and former partner of McCann FitzGerald. She is highly skilled at advising on effective compliance, and legal and project delivery risks.

  3. Panellists

    • Ross McCarthy, Chairman, Irish SME Association
    • Greg Power, Head of Capital Projects, Trinity College Dublin

    Ross and Greg will be taking questions and sharing real life examples of how to apply practically the legal solutions.

  4. Feedback

    Weighing up all the practical scenarios, how much of the winning bid should you divulge, especially around ‘added value’ which could be a competitive advantage?

    Answered by: Mary Dunne of Maples Group

    Mary acted for the operator of Dublin's light rail network on its bid to secure a contract extension. "She is a problem solver – practical, positive and with ground-breaking knowledge."

  5. Bunching

    When evaluating and scoring a tender, what can you do to eliminate 'bunching' and marginal score differentiation and so decrease the likelihood of a challenge?

    Answered by: Angelyn Rowan of Philip Lee

    Angelyn is "razor sharp, incredibly clued up and achieves sensational results for clients." She advised the NDFA on the procurement of its higher education PPP valued at €200m.

  6. Morning coffee

  7. Social value

    Supported by legally robust examples that work, how do you attribute cost to social value objectives such as climate change, population health and wellbeing?

    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 advising on the N-M20 Cork to Limerick road improvement scheme.

  8. Differential treatment

    Drawing on real-world examples, what sort of situation allows you to "justify objectively" differential treatment, e.g. SME market engagement or demos, presentations, interviews?

    Answered by: Margaret Gray SC QC, Law Library, Dublin, and Brick Court Chambers, London

    Margaret “is a standout rising star for public procurement.” “Superb - and a joy to work with.” She handles cases for private challengers and for the UK and Irish governments.

  9. Lunch

  10. Exclusion

    When can you be confident in applying the mandatory and discretionary exclusion grounds, particularly "prior contract breaches" and corruption convictions?

    Answered by: Ciara Kennedy-Loest of Hogan Lovells

    Ciara is "pre-eminent"- "absolutely first class" - and a "Global Procurement Lawyer of the Year." She acted for ALSTOM in the £600 million Channel Tunnel rolling stock litigation.

  11. Low tenders

    If you know a tender is low because of previous experience and have written to the tenderer but to no avail, how do you disqualify because of price?

    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 €20m Royal Irish Academy of Music refurbishment procurement.

  12. Modifications

    After contract placement, how do you rescue the situation if a modification is substantial but you can't change contractor for economic and technical reasons?

    Answered by: Joanne Finn of DAC Beachcroft

    Joanne advised the DPER on its proposal to fund a national database of non-profits. She chairs the Procurement Law Forum. “She is clever, focused and a superb commercial problem solver."

  13. Close of conference

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

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