Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

  • Wednesday, 22nd May 2019
  • The King Khalid Building, Surgeons Quarter Hill Square Edinburgh EH8 9DR
  • 5 hrs CPD

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Answers to 16 Thorny Questions: Directly from 10 Lawyers and Industry Experts

  1. Registration and coffee

  2. Chair's Introduction

    Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

    Chaired by: Christine O'Neill of Brodies

    Christine is one of Scotland’s top lawyers. She is frequently instructed on significant matters for the Scottish government. "She's fantastic - personable, and extremely pragmatic.”

  3. Panellists

    • Allan McKenzie, Aberdeenshire Council
    • Billy Hislop, NHS Scotland

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

  4. Clarification

    Often bidders make mistakes, so how far can you push the boundaries of Regulation 57(5): allowing a bidder to clarify after the tender deadline?

    What can you accept, with live examples?

    Answered by: Graeme Palmer of Burness Paull

    Graeme is advising on the procurement strategy for the Hampden Park stadium for the Euro 2020 football tournament. “He is superb at making a call on the grey areas of the law.”

  5. Distressed contractors

    What are the warning signs of a contractor in financial distress?

    What can you do actively to ensure that your service is continued and delivered within the rules?

    Answered by: Euan Murray of Shepherd and Wedderburn

    Euan has significant experience of advising the public sector clients over distressed/insolvent contractors. "His knowledge, productivity and level of detail is hugely impressive."

  6. Morning coffee

  7. 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: David Hansom of Clyde & Co

    David is "razor sharp, incredibly clued up and achieves sensational results." He advised on the regeneration of the HMS Daedalus site in Hampshire and New Covent Garden Market.

  8. Peering into the fog

    Do the EU provisions still apply?

    Where are you obliged to advertise, e.g. OJEU?

    What about contractors and supplies from the EU: prices, extensions, supply chains and new contracts?

    Answered by: David McGowan of Dentons

    David advised Aggreko on its joint bid with National Grid to provide a new energy solution for the Shetland Islands. He sits on the editorial board of the Public Procurement Law Review.

  9. Lunch

  10. 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: Roger Cotton of Brodies

    Roger advised Hub East Central on the delivery contracts for the Glenrothes town centre district heating network. “He excels at legal project management; his knowledge is second-to-none.”

  11. 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.

  12. Social value

    How do you build social value objectives into your tender?

    How do you score them and enforce them, such as living wage, carbon reduction, regeneration, long-term unemployed?

    Answered by: Chris Murray of Bird & Bird

    Chris advised The Christie NHS Foundation Trust on its new patient information system - only the third innovation partnership to be procured within the EU. “He is a standout rising star.”

  13. Over-run

  14. Close of conference

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

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