Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules

  • Tue 22nd September 2020 until Tue 6th October 2020
  • On-demand, England & Wales
  • 5 hrs CPD

£149 + VAT

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Answers to 9 thorny questions: Directly from 10 of the UK’s most in-demand lawyers and doers

  1. Chair's Introduction

    Awarding public contracts skilfully and lawfully within the procurement rules

    Chaired by: Neil Thody of Cameron Consulting

    Neil is one of the UK’s leading experts on the application of the procurement rules. “He sees the bigger picture and is a crucial sounding board when it comes to strategy.”

  2. Panellists

    • Janet Chinnery, Head of Corporate Procurement, Thames Tideway Tunnel
    • Claire Smart, Procurement Director, National Trust

    Janet and Claire will be taking questions and sharing real life examples of how to apply practically the legal solutions.

  3. Feedback

    Weighing up all the practical scenarios, how much of the winning bid should you divulge, especially around ‘added value’ which could be a competitive advantage?

    Answered by: Michael Mousdale of Browne Jacobson

    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.”

  4. Bunching

    When evaluating and scoring a tender, what can you do to eliminate 'bunching' and marginal score differentiation and so decrease the likelihood of a challenge?

    Answered by: David Hansom of Clyde & Co

    David is "razor sharp, incredibly clued up and achieves sensational results." He is advising on the regeneration of the HMS Daedalus site in Hampshire and New Covent Garden Market.

  5. Social value

    Supported by legally robust examples that work, how do you attribute cost to social value objectives such as climate change, population health and wellbeing?

    Answered by: Michael Rainey of Addleshaw Goddard

    Michael advised Manchester Airport Group on the £1bn Manchester Airport Transformation Project. He "continues to impress with his stellar public procurement practice.”

  6. Differential treatment

    Drawing on real-world examples, what sort of situation allows you to "justify objectively" differential treatment, e.g. SME market engagement or demos, presentations, interviews?

    Answered by: Kate Gough of Freshfields Bruckhaus Deringer

    Kate acted in the UK’s biggest ever public procurement challenge, Energy Solutions v Nuclear Decommissioning Authority. “She matches the very best for talent and expertise.”

  7. Exclusion

    When can you be confident in applying the mandatory and discretionary exclusion grounds, particularly "prior contract breaches" and corruption convictions?

    Answered by: Kate Rees of Hogan Lovells

    Kate represented Alstom 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."

  8. Low tenders

    If you know a tender is low because of previous experience and have written to the tenderer but to no avail, how do you disqualify because of price?

    Answered by: Emily Heard of Bevan Brittan

    Emily acted in the Fair Crime Contract Alliance litigation, which is described as the most complex procurement dispute ever brought. “She is clear, concise and commercial.”

  9. Modifications

    After contract placement, how do you rescue the situation if a modification is substantial but you can't change contractor for economic and technical reasons?

    Answered by: Bradley Martin of DWF

    Bradley advised South Tyneside Council on the tenders for a £200 million development on a brownfield site. “He is a standout rising star and commercial problem-solver.”

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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