Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

​Chairman's Introduction

Awarding public contracts skilfully and lawfully within the procurement rules

Chaired by: Edward Quigg of Quigg Golden

Edward is one of the UK's most-sought-after public procurement experts and a veteran of scores of challenges. He is a guest lecturer at Queens University, Belfast and the Treasurer of the Adjudication Society.

Panellists

Jim Hemmington, Director of Procurement, BBC

Anne Hardy, Head of Procurement, UK Border Force

Mark Roscrow, Director of Procurement, NHS Wales

Jim, Anne and Mark will be commenting, taking questions and inspiring practical solutions throughout the day.

​Perceptions of bias

How do you eliminate any inference or perception of bias at the tender stage towards certain suppliers, e.g. those who (1) participated in soft-market testing or consultation or (2) are incumbents or project advisers who informed the specification or (3) have staff cross over?

Answered by: Kate Rees of Hogan Lovells

Kate is one the "World's Top 10 Procurement Lawyers". She advised BAA on the competition for a prime supplier of IT services and the Met Police on the outsourcing of all non-core support functions.

​Post-award variations

Drawing on grey area examples, how do you move your post tender negotiations into compliant post award variations?

On a sliding scale of risk what are the do's and dont's of tender negotiations?

Answered by: Michael Mousdale of DWF

Michael has been involved in some of the most complex and innovative procurements, including the first ever PFI scheme and Europe's largest local government PFI (Greater Manchester Waste Project).

​Price/Quality evaluations

When budget settlements are so tight, what is the best practice model for Price/Quality evaluation and scoring methodologies?

Is there a creative way of going beyond conventional Price/Quality formulae?

Answered by: David Gollancz of Keating Chambers

David established and led the Treasury Solicitor's Public Procurement and Contracts Team. He is “incredibly sharp" and "just doesn't stop until he's found you a solution or an argument".

​Abnormally low bids

What is a tangible methodology for avoiding widely differing bids and determining abnormally low bids?

Should you determine and record in advance a price level which you consider to be abnormally low?

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.

Subjective criteria

How do you describe what you are looking for with more subjective criteria without giving the answer to suppliers, e.g. (1) "functionality" or "ease of use", (2) innovative method statements and programmes of work or (3) demonstrations and interviews?

Answered by: Ciara Kennedy-Loest of Hogan Lovells

Ciara is a former "Global Procurement Lawyer of the Year". She acted for ALSTOM in the challenge to Eurostar's contract award for Channel Tunnel rolling stock. She is "preeminent" and "absolutely first class".

Past performance

What is the key to an objective and legally robust assessment of a bidder's past performance?

How much weight do you give it, especially if the bidder is a start-up, a phoenix company or new to the market?

Answered by: Fionnuala McCredie QC of Keating Chambers

Fionnuala is "incredibly impressive" and "held in the highest esteem for her procurement practice". Recent work includes early and specific disclosure and procurement related Judicial Review.

Innovative social value

How do you create a golden opportunity to procure social value through your contracts?

How do you evaluate and measure it, e.g. the Apprenticeship levy?

Answered by: David Hansom of Veale Wasbrough Vizards

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".