Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

Thu 10 May 2018

King Khalid, Surgeons' Hall Nicolson Street Edinburgh EH8 9DW

Answers to 21 Thorny Questions: Directly from 8 of Scotland's Most Sought-After Lawyers and 2 Industry Experts

5 hrs CPD

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  1. Registration and coffee

  2. Chairman's introduction

    Awarding public contracts skilfully and lawfully within the procurement rules

    Chaired by: Mark Clough QC

    Mark is one of Europe’s most experienced public procurement practitioners. He is “highly charismatic," "solution-focused" and offers a "wealth of experience."

  3. Panellists

    Allan Mackenzie of Aberdeenshire Council

    Paul Hornby of NHS National Services Scotland

    Allan and Paul will be taking questions and inspiring practical solutions throughout the day.

  4. Capability

    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: Graeme Palmer of Burness Paull

    Graeme is “great at making grey area calls in tricky procurement cases.” He is incisive, no-nonsense and highly effective. He is a sought-after legal commentator for Radio and TV.

  5. Serious breach

    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: David Hansom of Clyde & Co

    David is involved in the regeneration of both the HMS Daedalus site in Hampshire and New Covent Garden Market. He is a "go-to lawyer because he always provides clear and practical advice."

  6. Morning coffee

  7. Review clauses

    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: Suzanne Hardie of Morton Fraser

    Suzanne has "a real gift for providing straightforward, user-friendly advice on complicated procurement problems." She brings a huge number of closely-watched cases to the table.

  8. FOI requests

    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: David McGowan of Dentons

    David is a "public procurement star" - "right at the cutting edge of developments." He acts for Network Rail on its high-profile procurements and sits on the editorial board of the Public Procurement Law Review.

  9. Lunch

  10. Early involvement

    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.

  11. ESPD

    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: Morag Ross QC of Axiom Advocates

    Morag is known for being "probably the silk with the most procurement knowledge in all of Scotland." She is "extremely bright; fabulous on her feet; authoritative and persuasive."

  12. Strike-out

    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: Roger Cotton of Brodies

    Roger is "excellent, dynamic and a pleasure to work with." “He brings insight, perception and expertise to his cases." He advised Abellio on its bid for the ScotRail franchise.

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500