The New Public Spending Code • CWMF – Roles & Responsibilities • Green Procurement

A one-day conference

Talbot Hotel, Stillorgan, Co. Dublin

Date: 10th September 2020

The public procurement process is often a minefield to navigate, and this year’s conference will offer strategic insights and valuable advice from the country’s leading experts, on how to navigate a number of key areas of the public procurement process.

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By attending this event you will learn important issues in the process such as:

  • How to write specifications, award criteria, pricing methodology – Important do’s and don’ts you may not have considered
  • The impact of Brexit and how to be prepared for it
  • Green Procurement
  • FOI requests for procurement competition documents
  • Creative ways to include green procurement in an RFT
  • CWMF – Important Roles & Responsibilities
  • What constitutes a legal challenge, and what are the steps involved

This event would be very relevant to those involved in the process of procuring public work or awarding public contracts. This includes government departments, local authorities, semi state agencies, consultants, contractors dealing with public construction projects, procurement / purchasing managers in hospitals & healthcare, housing, universities, as well legal experts and service providers tendering for projects who want to improve their understanding on how the system works, and how they can improve their success when tendering.

Full Day Programme

Conference Chairperson & Opening Remarks:

Eoin Lonergan, Independent Procurement Expert, ex Sourcing Director OGP

CWMF – Roles & Responsibilities

  • Reform of construction procurement/CWMF
  • Ground Investigation
  • Technical Advisors
  • Civil Works

Interaction between land developments/ land sales and public procurement

Speakers: Fergal Ruane, Partner & Head of Projects and Infrastructure, ByrneWallace

  • Land rich and cash poor – want to leverage assets
  • Relevant Case Law
  • Key Considerations
  • Typical forms of agreement used for such transactions in the market

Guidance on developing award criteria and conducting evaluations

Speaker: Dorit McCann, partner and head of our EU, competition & procurement team, Beauchamps

  • How to write specifications, award criteria, pricing methodology – do’s and don’ts
  • Drafting feedback letters and how to handle additional feedback requests

Green Procurement – How can procurers safely incorporate sustainability goals into their purchasing?

Speaker: Orlaith Sheehy, Senior Associate, McCann FitzGerald

  • Green policy – what is expected of procurers?
  • How to build green issues into a procurement process:
  • Selection and award criteria
  • Technical specifications
  • Contract performance conditions

Procurement and Brexit – What do you need to be prepared for? Material cost hikes etc.?

Speaker: Paul Davis, Lecturer in the Faculty of Business, DCU

  • Recent Announcements – Will the proposed Visa program have an impact on delivery of services? How will this affect procurement?
  • How to include customs charges into an RFT
  • Cross border interest after Brexit

FOI Request & Procurement – Feedback Letters Do’s & Don’ts – Identifying Abnormally Low Tenderers

Speaker: Patrick McGovern, Retired Partner, Arthur Cox

  • FOI requests for procurement competition documents
  • Drafting feedback letters – Do’s and don’ts
  • Regret letters
  • Content for notification letters
  • How to handle additional information (including meeting) requests
  • What constitutes a legal challenge – the steps involved – What you need to receive to know it is a challenge, is it legal proceedings or emails or hardcopy correspondence, a legal notice Reg 8 etc.
  • Identifying and Dealing with Abnormally Low Tenders

Innovation Procurement – PCP and PPI processes

Speaker: Bruno Herbots, Head of Construction Team, Herbots Solicitors

Latest case law & impact of these decisions

  • Interpreting the case law from the CJEU
  • Contracts concluded between public bodies in different member states

Panel Discussion to Focus on;

  • Safe Harbours for variations, exceptions etc.
  • The use of Framework Agreements – Award criteria for mini-competitions and call-off contracts (under framework agreements).
  • Negotiated procedure
  • R&D exemption
  • Electronic Catalogues
  • Dynamic Purchasing Systems (“DPS”)

The new public spending code and the requirement for business cases.

OGP Guidelines under €25k Threshold: More clarity

What freedoms are there under the light touch regime for contracts above the €750k threshold? Examples?

How to get creative for Annex XIV contracts below the €750k threshold.

Orlaith Sheehy

Orlaith Sheehy

Senior Associate, McCann FitzGerald<

Orlaith Sheehy is a senior associate in McCann FitzGerald, advising primarily on public procurement law.

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Orlaith has experience in both contentious and non-contentious aspects of tender processes, together with invaluable insight into the political environment in which public sector bodies operate. Orlaith advises clients on competitions run under the Public Sector Regulations, the Utilities Regulations and the Concessions Regulations, as well as processes governed by domestic law and the general principles of EU law. She has experience of major infrastructure and operations procurement processes, together with complex ICT and outsourcing projects, and has also been involved in defending a number of legal challenges to procurement processes. Orlaith has lectured on public procurement, including as part of the Public Affairs Ireland Project Management Course and the Kings Inns Diploma in Public Procurement.

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, Independent Procurement Consultant, 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 Law in Ireland, Round Hall, Dublin, 2018” (with David Browne), ‘’Procurement chapter in “Construction Projects”, Round Hall, Dublin (new ed, 2020). 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.

Fergal Ruane

Fergal Ruane

Partner & Head of Projects and Infrastructure, 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.

Bruno Herbots

Bruno Herbots

Head of Construction Team, Herbots Solicitors

Bruno Herbots is a partner and head of the Construction and Procurement Department at Herbots.

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He has been recommended by Who’s Who Legal, Legal 500 Europe and Chambers Europe 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”.

Eoin Lonergan

Eoin Lonergan

Conference Chair

INDEPENDENT PROCUREMENT EXPERT, EX SOURCING DIRECTOR OGP

Eoin is a recognized public procurement expert practitioner, consultant and educator with significant industry experience gained over 25 years.

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He has worked as a consultant up to Director level with Deloitte and PwC (London) and latterly as a Director with EY heading up their procurement advisory practice in Ireland until 2019. He was appointed as the first Sourcing Director at the Office of Government Procurement in 2013 and was responsible for the establishment of the largest public sector procurement team in Ireland and the design of multiple category strategies and procurement frameworks. He is Chairman of CIPS (Republic of Ireland) Branch and the author of three CIPS textbooks including “Commercial Negotiation” published in May 2019. He has planned and delivered multiple regulated competitions under all procedures, chaired many evaluation panels and been involved in High Court proceedings. He is one of only three CIPS Fellows in Ireland.

Dorit McCann

Dorit McCann

Partner & Head of the EU, Competition & Procurement team at Beauchamps

Dorit has over 20 years’ experience advising public, utility and private sector clients on all aspects of procurement and competition law

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Dorit has extensive experience advising clients on a wide range of procurement issues, including large scale and complex projects and developments. Dorit advises on procurement strategy and execution, selection and award criteria, evaluation methodology and scoring matrix, debrief requirements as well as procurement complaints and challenges.

There will be 5 CPD points awarded to attendees at this conference.

Please check directly with your association or awarding body to see how many points they will award.

Talbot Hotel, Stillorgan, Co. Dublin

Click here for directions (PDF).

Please note the early bird discount can close sooner than expected once a certain number of seats fill up, therefore your prompt booking is strongly advised

€100.00 EURO BY BOOKING THE EARLY BIRD RATE OF €435 + VAT per Person – Normal Rate @ €535 + VAT.

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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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