Public Procurement Law: 6 - The Procurement Lawyer's Association

part ofSAVE £50!Book by 8 October 2010See back page for detailsPublic Procurement Law:keeping your eye on the gamePractical application of the latest case lawand regulatory developments includingthe Public Contract (Amendment)Regulations 2009Thursday 2 December 2010Central LondonChaired by:Michael Bowsher QCMonckton ChambersSpeakers:Paul Lasok QCMonckton ChambersSarah Hannaford QCKeating ChambersMichael CogherLondon Borough of Kensingtonand Chelsea, London Borough ofHammersmith and FulhamRuth SmithPinsent Masons LLPSimon TaylorWragge & Co LLPDavid Gollancz11KBWJames Goudie QC11KBWJonathan DaveyAddleshaw Goddard LLP•6Attending this essential one-day conferencewill enable you to:Solicitors Regulation Authority• Hear the latest developments on the interpretation ofPublic Contract (Amendments) Regulations 2009CPDhoursBar Standards Board• Discuss the impact of the changing public finance position• Analyse what impact the latest UK and EU cases have hadon practice in the last year• Ensure you can apply the public procurement rules withoutfalling foul of the strict laws“Excellent, informative update of procurement law practice from experts.”(J Henderson, The Glasgow Housing Association, Public Procurement Law, May 2010)“Lots of fantastic knowledge compressed into a one-day seminar. Greatlearning opportunity. Relevant themes.”(B Mukherdee, London Borough Richmond Upon Thames, Public Procurement Law, May 2010)Supported by the Procurement Lawyers AssociationBOOK TODAY tel +44 (0)20 7347 3573fax +44 (0)20 7347 3576 email registrations@lexisnexis.co.ukwww.conferencesandtraining.com/public-procurement•

Practical application of the latest case lawand regulatory developments including thePublic Contract (Amendment) Regulations 2009Who are the speakers?Paul Lasok QC is Head of Chambers at MoncktonChambers. Paul is described by Chambers & Partners ashaving ‘one of the best minds at the Bar’ and is consideredas a heavy weight in European Community law. He advisesand represents private clients, including public companiesas well as government departments in litigation before theEuropean Courts and English courts and in proceedingsbefore regulatory authorities.Sarah Hannaford QC is a member of KeatingChambers. She specialises in construction, engineering andenergy disputes with a particular focus on procurement lawand regularly advises Government bodies, local authoritiesand industry clients on complex procurement issues. Sarahhas been involved in many of the leading procurementcases including Amaryllis Ltd v HM Treasury, R (on theapplication of the Law Society) v Legal Services Commission& the Lord Chancellor and BFS Group Ltd v (1) Secretary ofState for Defence (2) Purple Foodservice Ltd.Michael Cogher qualified as a solicitor in 1991following training at the London Borough of Richmondupon Thames. He has worked at the London Borough ofMerton, Peterborough City Council and, since 2001, theLondon Borough of Hammersmith & Fulham where he isresponsible for legal, democratic and electoral services.Since June 2009 he has also been Director of LegalServices at the Royal Borough of Kensington and Chelseaunder a shared services arrangement. He specialises inadministrative and information law and is one of thefounder members of the London Borough’s Legal Alliance.Ruth Smith is a partner in the EU and CompetitionGroup and leads the public procurement team. Sheadvises both public and private sector clients on publicprocurement and tendering from a UK and EU perspective.Her experience includes advice on the procurementstrategy for national initiatives such as Building Schools forthe Future as well as numerous PFI, PPP and outsourcingschemes in the health, education, waste, technology, andhousing sectors. Ruth is recognised in Chambers for her“fantastic knowledge in the field of public procurement”and as an expert on the competitive dialogue procedure.Simon Taylor is a partner and head of public procurementat Wragge & Co LLP, advising corporate and public sectorbodies on EU and competition law, involving merger control,compliance and cartels, competition litigation, sectoralinvestigations, state aid and public procurement.David Gollancz was a partner and head of the PublicSector Group at Field Fisher Waterhouse for a number ofyears. Before joining FFW, in 2005 David led the TreasurySolicitor’s Public Procurement and Commercial Contractsteam. David advised on public procurements, such as thecontract for the management and decommissioning of theSellafield Nuclear site and the Home Office’s ID Cardsprogramme. After five successful and happy years withFFW, David is joining 11KBW.James Goudie QC is Head of 11KBW. He practices inthe commercial, procurement, public and employment lawfields. He also sits as a Deputy High Court Judge and is thePresident of the National Security Panel of the InformationTribunal. He is co-editor of Supperstone, Goudie andWalker on Judicial Review, published by Butterworths, andauthor of the chapter on bias; a Member of the AdvisoryBoard of the quarterly journal Judicial Review; and isco-editor of Local Government Law and author of thechapters on capital finance and local authority companies.He is a former Chairman of both the Administrative LawBar Association and the Bar European Group.Jonathan Davey is the Practice Group Head ofAddleshaw Goddard’s Commercial Group. He specialises inprocurement, competition and commercial law. He adviseson EU procurement rules both to public and private sectorbodies. He is a regular speaker on procurement law, andis one of a group of practitioners within the ProcurementLawyers’ Association. He writes chapters on publicprocurement law in Butterworths PFI/PPP Manual.Why attend this conference?There have been a series of groundbreaking cases in recent years in thearea of public procurement law. In particular, the introduction of theRemedies Directive and its implementation into UK law has encouragednumerous legal developments.One year on from the introduction of the 2009 regulations, ButterworthsPublic Procurement Law conference offers delegates the opportunityto discuss and answer questions on the application, in practice, of theStandstill period, the new remedy of ineffectiveness and the automaticsuspension provisions.In the public sector, the new coalition government is predicted to cutspending by more than 30%, with public procurement feeling the pressure.The emphasis is on cost savings through economies of scale and improvedperformance. With public sector bodies more commonly incorporatingshared service arrangements and the use of in-house companies, the risksinvolved are numerous; with some organisations allowing EU principlesto be put to one side, in favour of awarding contracts to in-houseorganisations over which they exercise an element of control.Chaired by Michael Bowsher QC of Monckton Chambers, a high calibrespeaker panel will discuss these issues, and much more, guiding youthrough recent legislative developments and case law and providingpractical advice to take back to the office. Attending this conference willenable you to:• Hear the latest on the UK implementation of the new Remedies Directive• Discuss the increased use of shared service arrangements and the risksinvolved• Understand the issues surrounding selection and award criteria in theevaluation process• Hear the latest on the re-negotiation of a contract after award• Analyse the Teckal principle and its application after Risk ManagementPartners v London Borough of Brent• Get to grips with competitive dialogue for complex projectsWho should attendThis conference is a must-attend event for solicitors and barristerspractising in public procurement law; legal, procurement and purchasingofficers from the public sector; PFI directors; suppliers of goods, worksand services; and anybody who needs to get to grips with the latestdevelopments in public procurement law.“The conference was a really relevant, up to date and useful event.The speakers were well-informed and demonstrated expertise.”(J Bremner, Policy Advisor EU International, Public Procurement Law, May 2010)BESPOKE TRAININGWE CAN PROVIDE bespoke TRAINING COURSES FOR YOUR ORGANISATIONON THIS SUBJECT AND OTHERS. CALL Bespoke TRAINING ON 020 7347 3573

Programme – Thursday 2 December 201008.45 Registration and coffee09.20 Chairman’s opening remarksMichael Bowsher QC, Monckton Chambers09.30 The Public Procurement RemediesDirective - latest legislativedevelopments and guidance• Key features and aims of the Directive• An update of the directive in practice• The 2009 Regulations – one year on• The standstill period and automatic suspension• Ineffectiveness and the effect on injunctiverelief in American CyanamidPaul Lasok QC, Monckton Chambers10.15 Public Procurement case law review• Framework agreements• Competitive dialogue• The effect of public procurement rules on landdevelopment agreements after Auroux v Roanne• The Sita decision and the implications of UniplexSarah Hannaford QC, Keating Chambers11.00 Coffee break11.15 Public sector funding and the impacton public procurement• What is in store with the coalition government?• Procurement of works, goods and services• Public private partnerships• Part B services in light of new remediesPanel discussionPanel includes:Michael Cogher, Director of Legal Services,London Borough of Kensington and Chelsea;Assistant Director (Legal and Democratic Services),London Borough of Hammersmith & Fulham12.00 Shared Service arrangements• Compliant models for shared servicearrangements• When is advertising required?• In-house awards and satisfying the “Teckal”conditions• When can inter-authority co-operation falloutside the rules?12.45 LunchRuth Smith, Partner, Head of PublicProcurement, Pinsent Masons LLP13.45 Picking the winner – how to evaluateefficiently and lawfully• What kind of bidders do you want and whatdoes ‘good’ look like?• What can you evaluate at PQQ stage?(selection criteria)• What can you evaluate at bid stage? (award criteria)• How transparent must you be?• The mechanics of evaluation in restrictive andcompetitive dialogue proceduresChaired by:Simon Taylor, Partner, Head of PublicProcurement, Wragge & Co LLP14.30 Information issues• The basics: legislation and case law• Setting up the competition: what should bepublished when?• Managing the competition: responding to queries;protecting bidders’ confidentiality; adjusting criteria• Closing the competition: reg 32 - communicatingthe results and keeping records• Dealing with challenges: obligations and thebalance of interestsDavid Gollancz, 11KBW(formerly Partner, Head of Public Sector,Field Fisher Waterhouse LLP)15.15 Tea break15.30 Environmental and socialconsiderations in purchasing• Outline of the legislation and case law• “Green” procurement – the situation afterCopenhagen• Sustainable procurement• How will this be affected by spending cuts?James Goudie QC, 11KBW16.15 Variation of contracts after the award• When can a contract be amended withoutfurther need for re-tender after Pressetext• What changes are acceptable?• Maximising the scope for later variationsJonathan Davey, Partner, AddleshawGoddard LLP17.00 Chair’s closing remarks17.15 Close of conferenceMichael Bowsher QC has appeared in many of the major UK procurementcases over the last decade. He is described as ‘absolute dynamite’ by Chambers &Partners and a ‘real authority on procurement law’ by Legal 500. Michael is involvedin a large number of matters calling for advice in planning the procurement ormajor construction and IT projects, or in establishing sophisticated procurementarrangements. He is also heavily involved in advising clients how best to respond tochallenging situations evolving during the tender process. He has represented clientsin injunction proceeding and claims for damages for breach of procurement rules.BOOK TODAY tel +44 (0)20 7347 3573 fax +44 (0)20 7347 3576email registrations@lexisnexis.co.uk • www.conferencesandtraining.com/public-procurement

RegistrationYour priority booking code is:You will need to quote this code toclaim your early booking discount*How to bookbookings and enquiries: 020 7347 3573(please note we require written confirmation)Lines open from 8.30am to 5pm, Monday to Fridayemail: registrations@lexisnexis.co.uk*The early booking discounts are only available when you register by the dates stated below.Public Procurement Law: keeping your eye on the gameThursday 2 December 2010 • Central LondonPayment detailsPublic sector: £399 + VAT per delegate for bookings received before 8 October – SAVE £50! £449 + VAT per delegate for bookings received after 8 OctoberPrivate sector: £499 + VAT per delegate for bookings received before 8 October – SAVE £50! £549 + VAT per delegate for bookings received after 8 October* Please note: discounts cannot be used in conjunction with one another.You will need to quote your booking code to claim your discountPayment by cheque made payable to LexisNexis ®online: www.conferencesandtraining.com/public-procurementfax: 020 7347 3576post: LexisNexis ® Conferences, Halsbury House,35 Chancery Lane, London WC2A 1ELSponsorship and exhibition opportunitiesEnforce your brand and meet new clientsTake this excellent opportunity to position your organisation at theforefront of the market. 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