Public Procurement & the Public Contracts Regulations Masterclass - The Fresh Challenges

This Masterclass is Limited to 25 Delegates - Book Now to Guarantee Your Place

Introduction

This practical masterclass is a must for those who need an overview or a basic refresher course on public procurement following the Government’s proposals for Transforming Public Procurement.

This seminar is aimed at lawyers, procurement officers and others in the public, charitable and private sectors who have some knowledge of the public procurement regime. It will focus on how to apply the public procurement regimes, now and in the future. The masterclass will identify current challenges recent case law and include tips on how to achieve successful procurements, whether you are in the public or private sector. It will include up-to-date consideration of the Government’s proposals (as far as possible) and the Procurement Bill.

What You Will Learn

This masterclass will cover the following:

• Overview and summary of the Public Contracts Regulations 2015 and Concession Contracts Regulations 2016, key changes in the law in 2015 and 2016 and proposed changes:
• European Principles underpinning the Regulations and what they mean in practice now we have left the EU
• Definition of 'contracting authorities' and 'economic operators', what the 2015 and 2016 Regulations apply to, the types of contract and what is not regulated e.g. land transactions and certain inter-authority agreements
• Different procurement options (open, restricted, competitive dialogue with or without negotiation, dynamic purchasing systems, electronic auctions, framework agreements) their characteristics and how to choose the most appropriate route
• Services procurements and specific 'light touch' rules applying to social and other specific services including social enterprises
• New rules for Teckal companies, their definition and practical use for different services
• The procurement process from preliminary market consultation, OJEU notices and any, post notice modification and conduct of the procurement
• Evaluation and award stages - their key characteristics and avoiding pitfalls
• Notification of award and challenge
• Other changes under the Public Contract Regulations 2015, publication on contract finder, sub-contracting and more
• Overview of the Concession Contracts Regulations 2016
• Recent case law and Crown Commercial Service ('CCS') guidance, e.g:
• Nuclear Decommissioning Authority v Energy Solutions EU Ltd (now called ATK Energy EU Ltd) [2017] UKSC (on award of damages)
• Edered (UK Group) Ltd and Anr v HM Treasury and Ors [2015] EWCA Viv 326 (modifications under regulation 72)
• Salt International Ltd v The Scottish Ministers [2015] CSIH 85 (urgency under the Regulations)
• Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd and other companies [2018] EWHC 2926 (TCC)
• Counted 4 Community Interest Company v Sunderland City Council [2015] EWHC 3898 (lifting the suspension)
• Ocean Outdoor UK Ltd v The London Borough of Hammersmith and Fulham & Outdoor Plus Ltd ([2019] EWCA Civ 1642 (TCC)
• Adferiad Recovery Ltd v Aneurin Bevan University Health Board, [2021] EWHC 3049 (TCC)
• R v The Good Law Project v Minister for the Cabinet Office (and anr), 2022] EWCA Civ 21
• R v The Good Law Project and (Everydoctor v The Secretary of State for Health and Social Care (and ors) [2022] EWHC 46 (TCC)
• An of the Subsidy Control Bill and the application of WTO rules
• Practical tips and advice on how to achieve successful projects in these uncertain times