Public Procurement & the Public Contracts Regulations - Brexit & Fresh Challenges
This live broadcast is a must for those who need an overview or a basic refresher course on public procurement following the Public Contracts Regulations 2015 and the Concession Contracts Regulations 2016 within the context of Brexit and COVID-19.
Focussing on the practical application of the regimes and including the options for flexibility post COVID-19, the masterclass will identify the fresh challenges which the 2014 directives, 2015 and 2016 regulations and Brexit have created, 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 possible Brexit options and their impact on procurement (as far as possible).
It is aimed at lawyers, procurement officers and others in the public, charitable and private sectors who have at least some knowledge of the public procurement regime. It will take into account the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act, both of the Public Procurement (Amendment) Regulations 2019 (and any further regulations) together with the implications of alternative options for the UK's relationship with Europe post Brexit.
What You Will Learn
This live and interactive session 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 post Brexit changes:
- European Principles underpinning the Regulations and what they mean in practice
- 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
- Recent Cabinet Office and other government guidance including Procurement Policy Notes PPN 01/20, 02/20 Responding to COVID-19 and Supplier relief due to COVID-19 and PPN 4/20 Recovery and Transition from COVID-19
- 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:
- Salt International Ltd v The Scottish Ministers  CSIH 85 (urgency under the Regulations)
- Edenred (UK Group) Ltd and Anr v HM Treasury and Ors  EWCA Viv 326 (modifications under regulation 72)
- Counted 4 Community Interest Company v Sunderland City Council  EWHC 3898 (lifting the suspension)
- Nuclear Decommissioning Authority v Energy Solutions EU Ltd (now called ATK Energy EU Ltd)  UKSC (on award of damages)
- Circle Nottingham Ltd v NHS Rushcliffe Clinical Commissioning Group  EHWC 1315 (TCC (lifting the suspension)
- Ocean Outdoor UK Ltd v The London Borough of Hammersmith and Fulham & Outdoor Plus Ltd ( EWCA Civ 1642 (TCC) (concession contracts and land transaction)
- AEW Europe LLP v Basingstoke and Deane BC  EWHC 2050(TCC) (ineffectiveness)
- Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd and other companies  EWHC 2926 (TCC) (adequacy of damages)
- What could Brexit mean for public procurement depending on the likely outcome to the negotiations between the UK and Europe (e.g. if the UK is in or out of the single market, the possible options in-between)
- Practical tips and advice on how to achieve successful projects in these uncertain times
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.