Practicalities To Avoid Litigation

– Tackling regulatory & administrative barriers
– Debriefing
– Article 84
– Awarding contracts lawfully, skillfully and within the procurement rules

A one-day conference

Talbot Hotel, Stillorgan, Co. Dublin

Date: 27th September 2018

CMG Events are pleased to announce another date for the forthcoming Public Procurement Conference 2018 which is due to take place on 27th September in Talbot Hotel, Stillorgan, Co. Dublin.

This is one of our most popular annual events and this year’s conference will offer important insights into the rules of public procurement that a contracting authority must adhere to when awarding public contracts and some other important topics for those working in the public procurement space.

Book your place now!

Some of the key topics to be addressed include;

  • How to put together an effective tender
  • Contract Management
  • In-House Exemptions
  • Framework competition mini-competitions – case histories and current experience
  • Regulation 84
  • Debriefing
  • Challenges associates with making changes mid contract
  • Pre-qualification under the Procurement Directives
  • Conflict of Interest in Procurement
  • How technology advances can help avoid litigation.
  • How to deal with non-compliance issues & Implications of the EU Public contracts directive for construction works management Framework
  • Recent procurement case law setting a precedent
  • Procurements s.i’s published in 2016 discussed
  • Recent judgement – WordPerfect – and the monumental changes it will have for applications to lift automatic suspensions and as to whether damages are a remedy in procurement cases

This is a must attend event for any professionals directly or indirectly involved in public procurement or the legal system surrounding it.

This event will be of real interest to anyone involved in public procurement including, government departments, local authorities, semi state agencies, consultants, contractors, legal experts and service providers tendering for projects who need to know exactly how the system works for future bids.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Opening Conference Chair

Speaker: Mary Dunne, Partner, Maples & Calder

9.00

How to put together an effective tender / Making Changes Mid Contract / Contract Management / In-House Exemptions

  • Best practice in setting award criteria for contract management – Legal obligations, including contract changes
  • Best practice to avoid litigation
  • How it can go horribly wrong
  • Project Implementation Plans
  • Service Level Agreements

Speakers: Fergal Ruane, Partner, ByrneWallace

9.40

Framework competition mini-competitions – case histories and current experience

  • The good, the bad and the ugly.
  • Examples of when they work or when they fail to deliver efficiency, value and improved performance

Speaker: Edward Quigg, Quigg Golden

10.20

Regulation 84 & Debriefing

Regulation 84

  • What needs to be set out in the Regulation 84 report
  • Access to the information in the report
  • Case law on record-keeping

Debriefing

  • What bidders need to be told in light of current case law and guidance

Speaker: Jenny Mellerick, Partner, McCann FitzGerald

11.00

Coffee break and chance to network

11.30

Pre-qualification under the Procurement Directives / Dynamic purchasing systems

Pre-tender market engagement

  • Developing robust selection criteria
  • Pre-qualification of groups and consortia
  • Reliance on parent companies and third parties
  • Dealing with conflicts of interest
  • Providing information to unsuccessful candidates
  • Dynamic purchasing systems

Speaker: Anna-Marie Curran, Partner, A&L Goodbody

12.15

Conflict of Interest in Procurement & How technology advances can help avoid litigation.

How to deal with non-compliance issues & Implications of the EU Public contracts directive for construction works management Framework

  • What is a conflict of interest?
  • Types of conflicts
  • Integrity in the public sector
  • Duty to prevent distortion stemming from conflicts of interests
  • Principal focus today on Contracting Authority’s conflict
  • How can technology help? 

Speaker: Bruno Herbots, Managing Partner and head of Construction and Procurement Department, Herbots Solicitors

1.00

Q+A Session

1.15

Lunch and chance to network

2.00

Recent procurement case law setting a precedent / Procurements s.i’s published in 2016 discussed

  • The actions needed to avoid litigation
  • Procurements s.i’s published in 2016 – Hear how they are being used and interpreted e.g. low usage of new competitive procedure with negotiation.

Speaker: Aaron Boyle, Partner, Arthur Cox

2.45

Applications to lift automatic suspensions – Recent Irish Judgements (including the judgements in Word Perfect)

Speaker: Clare Cashin, Partner, Philip Lee Solicitors

3.30

Q&A Session

4.45

Q&A session and conference close

There will be 5 structured CPD points awarded to all attendees at this conference from the CPD certification service

Bruno Herbots

Bruno Herbots

Managing Partner and head of Construction and Procurement Department, Herbots Solicitors

Bruno Herbots is Managing Partner and head of Herbots’ Construction and Procurement Department.

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Since qualifying in 1990, Bruno has practiced in the areas of construction law and public procurement law.  Initially, with the practice of Flamme Coppens Horsmans Malherbe (Brussels), Masons (London), Matheson and McCann FitzGerald.  Bruno has been recommended by Who Is Who, Legal 500 and Chambers as “top notch on construction and procurement matters”, “a real legal strategist” and is considered “a star with the ‘X’ factor in construction and procurement law”. Bruno is a lecturer at TCD (post graduate Diploma in Construction Law and Contract Administration), UCD (post graduate Diploma in Arbitration) and NUIM (post graduate Diploma in Procurement Law).

Aaron Boyle

Aaron Boyle

Partner Infrastructure, Construction & Utilities, Arthur Cox

Aaron is a Partner and Head of the Procurement Group in Arthur Cox.

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Aaron advises both public authorities in devising innovative procurement strategies  and tender processes and withstanding procurement challenges. Aaron has been involved in most of the major procurement cases to take place in Ireland in recent years including BAM PPP v NTMA, Applegreen plc v NRA, OCS v daa, Homecare v HSE, Baxter v HSE and Fresenius v HSE.  He also advises bidders on their legal rights in public procurement and on tendering strategies for bidders to maximise scores in tender processes.

Edward Quigg

Edward Quigg

Director, Quigg Golden

Edward is a Director of Quigg Golden, a leading procurement and construction law consultancy.

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He is a recognised expert on procurement and construction law. He regularly advises public sector clients on procurement procedures including the compliant drafting of tender documentation and the appropriate evaluation of tenders in accordance with stated criteria.  Edward also assists clients in dealing with complaints and legal challenges.  He regularly acts for suppliers seeking to challenge public procurements and has acted as expert witness to procurement disputes. Edward is regularly invited to speak at procurement conferences throughout the UK and Ireland.

Jenny Mellerick

Jenny Mellerick

Partner, McCann FitzGerald

Jenny is a partner in the construction team at McCann FitzGerald solicitors, specialising in public procurement.

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She advises a wide range of public, utility and private sector entities on procurement and contract law issues, including pre-procurement planning, compliance with national and EU procurement rules, and dealing with complaints/challenges. She lectures widely on procurement law, including for the Law Society of Ireland and the King’s Inns.

Mary Dunne

Mary Dunne

Partner, Maples & Calder

Mary Dunne is a partner in the Dublin office of Maples and Calder, and has specialised in public procurement law, competition law and infrastructure projects for 20 years in both the public and private sector.

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She spent 4 years as Head of Legal at the NDFA in Dublin and the SIB in Northern Ireland and a year as Group Head of Legal at Ervia.

She acts as an expert to the OECD and World Bank on public procurement and PPPs.

Anna Marie Curran

Anna Marie Curran

Partner in the EU, Competition & Procurement Group, A&L Goodbody

Anna-Marie Curran is a Partner and Head of the procurement law team at A&L Goodbody Solicitors.

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She advises a wide range of clients in the public, utilities and private sectors on contentious and non-contentious public procurement matters. She has represented clients in the Irish and Northern Ireland courts and before the European Court of Justice and the European Commission. She is Visiting Professor of Procurement Law at Bangor University Wales, lecturer on procurement law diploma courses at the Law Society of Ireland and the Kings Inns and is former Chairperson of the Irish Society for European Law. Anna-Marie has been ranked as one of the 10 “most highly regarded” individuals worldwide in procurement law by the International Who’s Who of Procurement Lawyers.

Clare Cashin

Clare Cashin

Partner, Philip Lee Solicitors

Clare is a partner in the projects group of the commercial law firm Philip Lee.

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She specializes in disputes. Her work involves high value complex construction disputes, procurement litigation and alternative dispute resolution, with a depth experience in mediation, conciliation, adjudication and arbitration. She routinely manages High Court judicial review challenges to procurement decisions. In that regard Clare has managed the wave of recent high profile procurement decisions relating to lifting the suspension in procurement, which are making law in the Irish Courts in the past year. Clare sits on the committee of the Health & Safety Lawyers Association of Ireland, she is a member of NAWIC and is ranked for construction expertise by global ratings agency The Legal 500. She lectures in Trinity College Dublin (Construction Law), University College Dublin (Health and Safety), the Law Society of Ireland and is a contributor to periodicals in this area.

Fergal Ruane

Fergal Ruane

Partner, ByrneWallace

Fergal Ruane is partner and Head of the ByrneWallace Projects and Infrastructure team.

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Fergal has over 20 years’ experience advising both public and private bodies in the areas of construction and public procurement law and has advised on a vast array of large, medium and small scale projects in the transport, data centre, ICT, health, energy, residential, commercial and concession sectors.

In particular, he has extensive experience advising on a variety of public procurement, construction, PPP, infrastructure and commercial matters including consultancy and construction contracts, development/project agreements, framework agreements, tender documents, operation, maintenance and commercial contracts and related security documents.

Prior to joining ByrneWallace, Fergal previously worked in the Railway Procurement Agency (now known as Transport Infrastructure Ireland) where he was Head of the Legal Team and Secretary for the Agency for over 7 years. He has also trained and held senior positions in a number of top 10 Irish corporate law firms in Dublin.

Talbot Hotel (Formerly Stillorgan Park Hotel)

Booking rate: €450.00 + VAT per Person.

CMG Events Conference Discount

  • 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and full buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event.

 Tel: 01 293 4764

Email: bookings@cmgevents.ie

Booking rate: €450.00 + VAT

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