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Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

  • Thursday, 17th September 2020
  • The King Khalid Building, Surgeons Quarter Hill Square Edinburgh EH8 9DR
  • 5 hrs CPD

£249 + VAT

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Answers to 9 thorny questions: Directly from 10 of Scotland’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: Christine O'Neill of Brodies

    Christine is "the pre-eminent figure in Scottish public law." "A go-to adviser for the Scottish Government and other public bodies." "If you can instruct her, you'd never go elsewhere."

  3. Panellists

    • Billy Hislop, of NHS Scotland
    • Karen Thody, of Cameron Consulting

    Billy and Karen 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: Graeme Palmer of Burness Paull

    Graeme is "immensely experienced, a great communicator and at the forefront of developments." "His advice is highly practical and solution-focused." Clients include Glasgow City Council.

  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: David Hansom of Clyde & Co

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

  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: Iain Steel of TLT

    Iain is an award-winning technical procurement specialist and author of "Buying Innovation in the Public Sector." He held senior posts at the Student Loans Company and Standard Life.

  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: Sarah Hannaford QC of Keating Chambers

    Sarah’s skill and authority in procurement law is “brilliant and unparalleled." She acted NATS v Gatwick Airport over the hotly contested tender of air traffic control services.

  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: Roger Cotton of Brodies

    Roger is advising a series of local authorities on innovative social and economic infrastructure projects. He is "a problem solver – practical, positive and with deep expertise."

  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 the 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: Euan Murray of Shepherd and Wedderburn

    Euan "continues to impress with his stellar public procurement practice." "He's down-to-earth, easy to work with and commands respect through the exceptional quality of his work."

  13. Close of conference

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

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