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 Scottish procurement rules

   Chaired by Duncan Osler of Morton Fraser MacRoberts

   Duncan is “one of Scotland’s most sought-after procurement lawyers.” He regularly advises government, executive agencies, and contractors north and south of the border on the tender process.

3. Panel

   • Billy Hislop, Head of Procurement, 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.

   • Julie Caughey, Director, Caughey Solutions

     Julie is an expert in tender construction and evaluation. She worked as Finance Manager and Corporate Procurement Manager at East Lothian Council.

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

4. 10:10

   Prior performance

   How do you deal with and curtail bidders who have scored well on tender submissions but performed poorly on other contracts, without making this known?

   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.”

5. 10:50

   Level playing field

   How do you level the playing field, specify correctly and assess tenders objectively when the incumbent has a favourable position or in-built advantage?

   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.”

6. 11:30

   Morning coffee

7. 11:50

   Negotiation angles

   How far can you push negotiations with bidders whilst remaining compliant with the regs, including Competition with Negotiation as a route to market and post-tender negotiations?

   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.

8. 12:30

   Framework difficulties

   How do you control - and overcome - difficulties with frameworks, including exceeding estimated contract values? How do you create opportunities and head off potential challenges?

   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.

9. 13:10

   Lunch

10. 13:50

    Incentivisation

    To what extent can "gain share" contracts incentivise suppliers to deliver above and beyond, enhancing the outcome? When do they work, and when do they fall short, supported by practical examples?

    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

    Non-tangible criteria

    How do you incorporate softer, non-tangible criteria into tenders, such as social inclusion, diversity, biodiversity, and accessibility, and evaluate them? Can you make them pass/fail?

    Answered by Robin Fallas of Morton Fraser 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."

12. 15:10

    Preliminary Market Engagement

    When conducting preliminary market engagements, how do you ensure equal treatment, avoid undue bidder influence, and lawfully elicit improved and innovative solutions?

    Answered by Bruno Herbots of Herbots Solicitors

    Bruno is renowned for "his inventive solutions" and for being a highly gifted public speaker. He led the way on the Royal Irish Academy of Music refurbishment procurement.

13. 15:50

    Over-run

14. 16:00

    Close of conference