Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

Chair'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 and is a guest lecturer at QUB, as well as Treasurer of the Adjudication Society.

Clarification

Often bidders make mistakes, so how far can you push the boundaries of Regulation 56(4): allowing a bidder to clarify after the tender deadline?

What can you accept, with live examples?

Answered by: Kate Rees of Hogan Lovells

Kate represented Alstom Transport over its challenge to the award of a contract for rolling stock on the Central Line. “She is a complete guru; she knows everything about procurement."

Distressed contractors

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

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

Answered by: Jane Jenkins of Freshfields

Jane defended Gatwick Airport from a big challenge to its 10-year contract award for air navigation services. "She is outstanding, extremely committed and always on top of the detail."

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.

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 Gollancz of Keating Chambers

David established the Treasury Solicitor's Public Procurement Team. He brings a huge number of cases to the table. He "just doesn't stop until he's found you a solution or an argument."

Past performance

How relevant is past performance to the award of a contract?

Can we take into account references and performance on our own contracts?

How do we promote SMEs and new starters, which might not have a long track record?

Answered by: Michael Mousdale of Browne Jacobson LLP

Michael has advised on some of the most complex and innovative procurements, including the first ever PFI scheme and Europe's largest local government PFI. “He is a class operator.”

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.

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: Fiona Scolding QC of Landmark Chambers

Fiona is "brilliant – incredibly persuasive and scarily good - with an enviable record in procurement cases." She is involved with many large-scale challenges for the Legal Aid Agency.