Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

Thu 17 May 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 21 Thorny Questions: Directly from 7 of the UK's Most Sought-After Lawyers and 3 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: Edward Quigg of Quigg Golden

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

  3. Panellists

    Anne Hardy of The National Archives. Previously Head of Procurement, Border Force and Immigration Enforcement at the Home Office

    Mark Roscrow, Director of Procurement, NHS Wales

    Anne and Mark 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: Michael Mousdale of Browne Jacobson LLP

    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.)

  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: Fionnuala McCredie QC of Keating Chambers

    Fionnuala is "incredibly impressive" and "held in the highest esteem for her procurement practice." "Those that know her will not even consider using anyone else for tricky cases."

  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: Kate Rees of Hogan Lovells

    Kate is one of 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.

  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: Eleanor Grey QC of 39 Essex Chambers

    Eleanor is "superb - just brilliant - hugely experienced in handling information law for public and regulatory bodies." She serves on the Attorney General's FOIA panel and sits as a Tribunal judge.

  9. Lunch

  10. 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: Jane Jenkins of Freshfields Bruckhaus Deringer

    Jane is recommended for the most complex tender exercises and PFI restructuring projects. "Her instincts are amazing." She sits on the CBI's Public Procurement task force.

  11. Selection

    What are the current practical trends and issues in the selection stage?

    How is the ESPD working in practice, and how can selection be used as an innovative tool and not just a procedural step?

    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."

  12. 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: Emily Heard of Bevan Brittan

    Emily is author of "NHS Procurement Knife Fight." She acted in the Fair Crime Contract Alliance litigation, which is described as the most complex public procurement dispute ever brought.

  13. Over-run

  14. Close of conference