Awarding Public Contracts Skilfully and Lawfully within the Procurement Rules (Scotland)

Reforms

What practically should Scotland's procurers be doing to prepare for reform?

Answered by: Duncan Osler of MacRoberts

Duncan regularly advises government, executive agencies and contractors north and south of the border on the tender process. He chairs the Procurement Lawyers Association.

Evaluation

Using recent cases and real-life examples, how far can evaluators push their "margin of discretion"?

Is consensus scoring essential?

What happens if there is an impasse?

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 is brilliant - a joy to work with - and a problem solver."

Future-proofing

What is a tangible methodology for future-proofing a new procurement - leveraging the available flexibilities and introducing compliant measures which give you an advantage?

Answered by: Graeme Palmer of Burness Paull

Graeme is "immensely experienced, a great communicator and at the forefront of developments." "His advice is practical and solution-focused." Clients include Glasgow City Council.

Incentive contracts

How can incentive contracts help you secure VFM in new procurements?

What can and should procurers do?

Answered by: Edward Quigg of Quigg Golden

Edward is one of the UK's most experienced and sought-after public procurement experts and a veteran of scores of challenges. "He doesn't sit on the fence but gives you his opinion."

Social Value

What are the practical strategies to demonstrate and evidence social value in a non-arbitrary way, and how can these be evaluated fairly and defensibly?

Answered by: Robin Fallas of MacRoberts

Robin acts for the Scottish Government, executive agencies and third and public sector contractors on procurement exercises. "He is highly knowledgeable and goes the extra mile for his clients."

Restricted Market

How do you buy during a restricted market, where demand outstrips supply, and consequently, prices fluctuate and services are disrupted?

Answered by: David McGowan of Dentons

David advised on the bid to provide a new energy solution for the Shetland Islands. He is a “seasoned and trusted adviser” and co-author of “The Law of Public Procurement.”

Aggregation

Given the lack of clarity, when do you aggregate a potentially recurring contract?

Or view it as sub-threshold and, therefore, outside the rules?

Answered by: Sam Karim QC of King's Chambers

Sam acted for Lancashire County Council over the lifting of the automatic suspension in a procurement challenge. "He picks up cases and develops them in such interesting ways."

Early involvement

How do you control - and overcome - the problems with early contractor involvement, e.g. pre-market testing or specification writing, so you reap the benefits without conferring an advantage?

Answered by: Simon Taylor of Keating Chambers

Simon is acting for HS2 in a procurement challenge brought by Bechtel over Old Oak Common station. "He is acclaimed for his expertise, clarity of thought and fantastic skill."