Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

Tue 15 May 2018

The Bridgewater Hall Lower Mosley Street Manchester M2 3WS

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: Mark Clough QC of Dentons

    Mark is one of Europe’s most experienced public procurement practitioners. He is “highly charismatic," "solution-focused" and offers a "wealth of experience."

  3. Panellists

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

    Beth Loudon, Head of Sourcing and Procurement, NHS Shared Business Services

    Anne and Beth 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: Rebecca Rees of Trowers & Hamlins

    Rebecca is known for her "extraordinary ability to innovate, find solutions and communicate her advice." She brings a huge number of the most closely watched procurement cases to the table.

  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: Bill Gilliam of Addleshaw Goddard

    Bill is renowned for his "staggeringly good" advice on procurement challenges. "He is a superb tactician." He acted in the hotly-contested Cemex UK v Network Rail litigation.

  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: Roger Cotton of Brodies

    Roger is "excellent, dynamic and a pleasure to work with." “He brings insight, perception and expertise to his cases." He advised Abellio on its bid for the ScotRail franchise.

  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