Awarding Public Contracts Skilfully and Lawfully within the Scottish Procurement Rules

Programme

1. 09:30

   Registration and coffee

2. 10:00

   Chair's Introduction

   Awarding public contracts skilfully and lawfully within the procurement rules

   Answered by Billy Hislop , Head of Procurement at VisitScotland

   Billy is a procurement veteran with 25 years experience. “He is esteemed for his skill, expertise and clarity of thought.” Previous roles include NHS Scotland and the University of Edinburgh.

3. Panellist

   • 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, commercial and engaged."

   Billy and Robin will impart practical solutions, take questions and comment on the talks throughout.

4. 10:10

   Evaluation

   Where is the wriggle room for evaluators to shift their initial views during moderation or in response to clarifications and presentations while upholding tender process integrity?

   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.

5. 10:50

   Variations

   What practical steps can you take to de-risk contracts or frameworks that reach or exceed their thresholds, and you are faced with an unwanted variation?

   Answered by Euan Murray of Shepherd & Wedderburn

   Euan has “superb technical knowledge and a pragmatic and commercial approach." He has a great strategic eye and extensive experience in handling all types of procurement cases.

6. 11:30

   Morning coffee

7. 11:50

   Green and Net Zero

   How do you incorporate and evaluate Green Procurement and Net Zero objectives in tenders - and ensure that bidders fulfil their commitments?

   Answered by Charles Livingstone of Brodies

   Charles led the Scotch Whisky Association's challenge to Scotland's alcohol minimum pricing legislation. “He excels in understanding the substantive law and the niceties of litigation.”

8. 12:30

   PME

   When engaging in preliminary market engagement, how do you ensure equal treatment, avoid undue supplier influence, and encourage active participation from suppliers, including SMEs and social enterprises?

   Answered by Suzanne Hardie of Morton Fraser

   Suzanne advised on the Scottish Futures Trust's hub initiative and NPD model contracts. She knows the law inside out and spent time on secondment to Edinburgh City Council.

9. 13:10

   Lunch

10. 13:50

    Bunching

    What inventive approaches can you employ to effectively control and overcome challenges like bunching, marginal score differentiation, tie-breaks, and head-off confrontations with dissatisfied bidders?

    Answered by David Hansom of Clyde & Co

    David is "razor-sharp, incredibly clued up and achieves sensational results." He advised UK universities on the consequences of withdrawal from the EU's procurement regime.

11. 14:30

    Inflation

    How can new and innovative drafting strategies help you manage and mitigate inflation risks and supply chain disruption while addressing stakeholder concerns about going to market?

    Answered by Graeme Young of CMS

    Graeme is "first-class on procurement matters” and "impressively focused on getting the right result for the client." He advised Transport Scotland on the procurement of the AWPR and Borders Railway.

12. 15:10

    Feedback

    To minimise the risk of a challenge, what information should you divulge on the winning bid's relative advantages in your feedback, and what should you withhold, supported by caselaw and practical examples?

    Answered by Elaine McLean of Pinsent Masons

    Elaine is “acclaimed for her skill in deeply complex procurement cases.” “She is highly commercial, does not hesitate to give a view and secures fantastic outcomes for her clients.”

13. 15:50

    Over-run

14. 16:00

    Close of conference