Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

Thu 16 May 2019

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 16 Thorny Questions: Directly from 7 of the UK's Most Sought-After Lawyers and Industry Experts

5 hrs CPD

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Schedule

  1. Registration and coffee

  2. 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.

    Panellists:

    Edward Vera Cruz, Senior Commercial Adviser, Southern Water
    Neil Thody, Director, Cameron Consulting (specialising in EU procurement in the public sector)

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

  3. 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."

  4. 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."

  5. Morning coffee

  6. 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.

  7. 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."

  8. Lunch

  9. 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: 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.”

  10. 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.

  11. 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.”

  12. Over-run

  13. Close of conference