Awarding Public Contracts Lawfully, Skilfully and Within the Procurement Rules

Tackling regulatory & Administrative barriers

A one-day conference

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 18th October 2017

CMG Events are pleased to announce that due to popular demand we are running a third date for the Public Procurement Litigation Conference following numerous requests to run another date for those who missed previous events CMG ran on this topic in the past.

Litigation in the procurement field has become a growing issue and the way tenders are handled and chosen is causing a big stir in the Irish Public Procurement space. Non-compliance with the New Public Procurement Directive seems to be becoming a major concern and partly the reason for the increase in litigation cases in Public Procurement.

CMG events typically sell out quickly, therefore prompt booking is strongly advised to secure your place at the early bird rate and Save €100.00 – Early Bird Rate is €365.00 + VAT (Normal rate €465.00 + VAT)

Please note the early bird discount can close sooner than advertised, once a certain amount of seats sell out.

Book your place now!

This conference will dig deep into the various, administrative and legal challenges you must be up to speed on, how to avoid future litigation cases and legal disputes, plus hear about important legal challenges that have gone through the courts which are shaping the world of Public procurement for the future. Some of the key topics to be addressed include;

Some of the key topics to be addressed include;

  • Practical Application of new opportunities provided by New Directives
  • Competitive Procedure with Negotiation
  • Changes to Pre-Qualification under the new Directives & FOI disclosure of Pre-Qualification Documents
  • Challenges associated with making changes mid-contract
  • Dealing with tenderers during the procurement & debriefing process
  • The Practical Challenges – Damages, Interim Measures and Standstill Periods – Importance of Them in Practice –How to Follow Them Legally
  • Procurement Document Management, how to deal with non-compliance issues & implications of the EU Public Contracts Directive for Construction Works Management Framework
  • Disclosure and participation, EU thresholds, dealing with losing bids, national review procedures & the new Concessions Directive
  • An Overview of Recent Irish Public Procurement Challenges

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

This event will be of real interest to anyone involved in Public sector procurement including, government departments, local authorities, semi state agencies, consultants, 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 remarks from Conference Chairperson:
Dr. Peter Brennan, Chairman and co-owner, Bid Management Services

9.00

Practical Application of new opportunities provided by New Directives
Speaker: Edward Quigg, Director, Quigg Golden

Competitive Procedure with Negotiation

  • What benefits will the new process bring
  • Real life example of using the new process in the UK
  • What type or amount of negotiation is permitted?
  • How is transparency and equal treatment maintained?
  • What skills are needed?

Assessing quality of staff

  • Qualifications and experience of staff as award criteria?
  • Potential use of interviews, pitches, tests or presentations
  • What legal issues might arise?
  • What if the B team turn up?

9.40

Pre-Qualification under the Procurement Directives
Speaker: Anna-Marie Curran, Partner in the EU, Competition & Procurement Group, A&L Goodbody

  • 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

10.20

Challenges associated with making changes mid-contract
Speaker: Jenny Mellerick, Partner, McCann FitzGerald

  • Why are changes in public contracts a problem?
  • What are the rules in the new Directives on making changes?
  • How can contracting authorities – and contractors – protect themselves from the risks of changes?
  • Future-proofing contracts and staying within the rules

11.00

Coffee break and chance to network

11.30

Dealing with tenderers during the procurement & debriefing process
Speaker: Mary Dunne, Partner, Maples & Calder

  • Preparing and rolling out the Invitation to Tender – getting the legalities right from the start
  • Dealing with tenderers during the procurement process and in particular tenderers queries – knowing where you stand legally
  • Informing the tenders of the outcome of the tender process – what information can you give and what must be kept confidential
  • The debriefing – do’s and don’ts from a litigation perspective

12.00

The Practical Challenges
Speaker: Patrick McGovern, Retired Partner, Arthur Cox

  • Dealing with a Procurement Challenge – How can you Prevent this from Going Legal?
  • Damages, Interim Measures and Standstill Periods – Importance of Them in Practice –How to Follow Them Legally
  • FOI and Procurement – What can you Disclose? – What information is Strictly Exempt from Publication?

12.30

Procurement Document Management & how to deal with non-compliance issues
Speaker: Bruno Herbots, Managing Partner and head of Construction and Procurement Department, Herbots Solicitors

  • How effective document management can transform your organisation and how you manage legal challenges
  • Dealing with non-compliance issues such as late tenders, non-acceptance of terms and conditions, tender qualification, omitted documents etc

1.00

Lunch and chance to network

2.00

Disclosure and participation, dealing with losing bids & national review procedures
Speaker: Aaron Boyle, Partner Infrastructure, Construction & Utilities, Arthur Cox

  • Disclosure and participation in Public contracting
  • Solutions including templates to the process of dealing with losing bids
  • Developing public sector category management
  • National review procedures

2.45

An Overview of Recent Irish Public Procurement Challenges Recent decisions of the Irish Courts
Speaker: David Browne, Associate, Environmental & Planning Group, Arthur Cox

  • The nature and type of reasons that must be given to an unsuccessful tenderer
  • When the automatic suspension of an award of contract pending the determination of a procurement challenge will be lifted
  • Extending the time for bringing a procurement challenge
  • Amending the grounds of challenge
  • Recent case law on the automatic suspension to conclude contracts – hear of recent high profile cases and their outcomes which are shaping the future of public procurement law in Ireland

3.20

Conference close

There will be 6 structured CPD points awarded to all attendees at this conference from the CPD certification service

David Browne

David Browne

Associate, Environmental & Planning Group, Arthur Cox

David Browne is an Associate in the Environment & Planning Group in Arthur Cox which he joined in November 2016.

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A former Barrister with five years’ experience at the Bar, his practice and experience extend to all areas of planning, local government and administrative law with a particular expertise in commercial litigation and judicial review. Prior to being called to the Bar in 2011, David was an Advisor in the Department of Transport (2006-2009). He is the author of the ‘Law of Local Government’ which was published by Reuters Thomson (Roundhall) in December 2014. He is currently working on a book (with Patrick McGovern) on procurement law in Ireland which will be published by Reuters Thomson (Roundhall) in late 2017.

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.

Patrick McGovern

Patrick McGovern

Retired Partner, Arthur Cox

Patrick McGovern is a retired Partner at Arthur Cox, one of Ireland’s largest and leading commercial law firms.

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Patrick McGovern, retired Partner, Arthur Cox, BA(Mod), LLB (First Class) and Foundation Scholar, TCD, admitted Solicitor Ireland and Northern Ireland. Involved in many leading projects in Ireland and NI for over 20 years. Has conducted litigation in national Courts (including Somague v TFI (LUAS Cross City, Baker J) and Powerteam v ESB (Lifting Automatic Suspension, Costello J), both 2016). Has represented clients successfully before European Commission and European Court of Justice.  

Author, Procurement chapter in “Construction Projects”, Round Hall, Dublin (new ed, 2016). Ireland and NI Correspondent and Editorial Board, “Public Procurement Law Review”,  ed Prof Sue Arrowsmith. Executive Committee Procurement Lawyers Association, London to 2016. Visiting Professor, Procurement, Bangor University, Wales. Top/leading rankings from directories. Has been ranked as one of 10 “most highly regarded” individuals worldwide by “International Who’s Who of Procurement Lawyers”. Lecturer, Law Society. Vice President and former Chairman and Secretary, Irish Society for European Law.

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.

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.

Dr. Peter Brennan

Dr. Peter Brennan

Chairman and co-owner, Bid Management Services

Dr Peter Brennan is Chairman and co-owner of Bid Management Services, Ireland’s only ISO certified tender and procurement consultancy company.

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He has a wealth of procurement experience both in Ireland and in Europe as he has worked on over 350 tender competitions in the past ten years. With his public sector background and through Public Procurement Services he advises both suppliers and buyers, in Ireland and Northern Ireland, on live bids and also provides in-house training, in particular as regards advanced tendering techniques and forming bid consortiums. He has presented to over 3,000 companies in the past two years at six national and EU procurement events. He has been bid director on significant projects some involving partners from several jurisdictions; he writes and reviews bid content for many clients; and is a trainer and mentor under InterTradeIreland’s much acclaimed Go2 Tender programme. Unlike many other procurement advisors he brings the practical experience of working with buyers to bear when advising suppliers and vice versa. He also has a substantial grasp of the 2014 EU Procurement Directives not unrelated to the 22 years he worked in Brussels for the Irish Government and IBEC. He was President of Dublin Chamber of Commerce in 2010. He is also Managing Director of EPS Consulting and a co-founder of the Public Policy Advisors Network. He is a certified Association of Proposal Management Professionals (APMP) bid manager.

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).

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

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SAVE €100.00 EURO BY BOOKING THE EARLY BIRD RATE OF €365 + VAT per Person – (Closing Friday 1st September) Normal Rate @ €465 + VAT.

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  • 15% 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.

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Email: bookings@cmgevents.ie

Early Bird Rate is €365.00 + VAT (Normal rate €465.00 + VAT)

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Terms and Conditions:
Payment for attendance is due within seven days from the date of invoice. This booking is transferable and a substitute attendee may attend on your behalf at no additional cost if you cannot attend. Cancellation of a booking must be received by CMG Events in writing by email or by post, no later than 14 days prior to the event date. Regrettably no cancelations or refunds can be made after this date. In the case of a refund – an administration charge of 25% plus VAT will be deducted before a refund is made. CMG Events reserve the right to make any necessary changes to the advertised programme including a change of venue. The views expressed by the speakers are not necessarily those held by the organisers, nor is the organiser responsible for speakers opinions or statements. Please note CMG Events will distribute the delegate list to all registered attendees prior to the conference for networking purposes. However, in keeping with current data protection and privacy legislation, the distributed delegate list will not contain telephone or email contact details. Please advise CMG Events if you would like to have your name removed from this networking list for this event. We do not sell your data to a third party - we may use your contact details for the purposes of notifying you of other conferences or training courses that we run. If you do not wish for us to contact you again, please let us know by emailing sarahjane@cmgevents.ie

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