Public Procurement Law 2024: Shaping New Developments into Solution-Focused Answers for Your Clients

Programme

1. Chair's introduction

   Public Procurement Law 2024: Shaping new developments into solution-focused answers for your clients

   Chaired by Ciara Kennedy-Loest of Hogan Lovells

   Ciara defended Europol, the European Police Office, in two procurement challenges brought before the General Court. She is a Global Elite Thought Leader for Government Contracts.

2. Panel

   • Christopher Vajda KC

     The UK judge at the European Court of Justice from 2012 until the UK's withdrawal from the EU in January 2020

   • Dr Totis Kotsonis

     A Specialist Adviser to the European Commission on Procurement and Global Procurement Lawyer of the Year 2022.

   Throughout the day, Christopher and Totis will provide practical solutions, address questions, and offer commentary on the talks.

3. Sufficiently Serious Breach

   Is the EU law principle of "sufficiently serious breach" still relevant for the award of damages under the Procurement Act, and what is the value of EU law going forward?

   Answered by Valentina Sloane KC

   Valentina is "a star performer - tough, tenacious, brilliant and compelling." She acted for The Royal Parks in a challenge to its decision to permit AEG to stage music concerts in Hyde Park.

4. Assessment Summaries

   Where will you find the holes in "assessment summaries" under the Procurement Act, and how challengeable will they be when compared to award decision letters?

   Answered by Rhodri Williams KC

   Rhodri is a “shrewd tactician” and an “advocate with strong powers of persuasion”. “Very good on really difficult complex cases”, he represented the UK Government on several occasions before the ECJ.

5. Automatic Suspension

   What counts and what will sway the courts over lifting the automatic suspension under section 102 of the Procurement Act? Same old, same old, or watch this space?

   Answered by Sarah Hannaford KC

   Sarah's skill in procurement law is "brilliant and unparalleled." "Her advice is razor-sharp." She represented HS2 in the procurement process for Old Oak station's design and construction.

6. Refining the Criteria

   How much can you “refine” the award criteria during the Competitive Flexible Procedure and when - while still being compliant and avoiding challenges?

   Answered by Jonathan Davey of Addleshaw Goddard

   Jonathan is advising the Houses of Parliament on its major refurbishment project, co-edits the "Government Procurement Review" and is a “Government Contracts Lawyer of the Year.”

7. Have Regards

   How - practically and legally - do you balance the “have regards” to S.12 Objectives, and when can you use them for a Judicial Review or procurement challenge?

   Answered by Nigel Giffin KC

   Nigel is "an all-round brilliant barrister: completely at the top of his game." He acted in the challenge over the creation of the Haringey Development Special Purchase Vehicle.

8. Supplier Performance

   How do the new supplier performance rules impact contract management and supplier selection for new procurement opportunities? Damp squibs or new and important innovations?

   Answered by Joseph Barrett KC

   Joseph is the “go-to barrister - fearless and tactically superb.” “He instinctively knows the arguments that will work in court.“ He edits the “EU Procurement Law and State Aid Bulletin.”

9. Frameworks and Dynamic Markets

   How far can you stretch the frameworks and Dynamic Markets rules under the Procurement Act, including Neutral Vendor frameworks and above-and below-threshold call-offs?

   Answered by Michael Bowsher KC

   Michael is "the UK's most prominent procurement silk" – "unmatched in his knowledge." He acted in Mitie Ltd v Secretary of State for Justice over a facilities management contract award.

10. View from the Bench

    Where is the certainty under the Procurement Act at this stage, and what will likely require clarification from the Courts?

    Answered by The Hon. Mr Justice Waksman