Public Procurement & the Public Contracts Regulations Masterclass - Brexit & The Fresh Challenges
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This practical masterclass is a must for those who need an overview or a basic refresher course on public procurement following the Public Contracts Regulations 2015, the Concession Contracts Regulations 2016 within the context of Brexit.
Focussing on practical application of the regimes, 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) Bill, both of the Public Procurement (Amendment) Regulations 2019 (and any further regulations), and the implications of alternative options for the UK's relationship with Europe post Brexit.
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 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
- 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)  UKSC (on award of damages)
- Edered (UK Group) Ltd and Anr v HM Treasury and Ors  EWCA Viv 326 (modifications under regulation 72)
- Salt International Ltd v The Scottish Ministers  CSIH 85 (urgency under the Regulations)
- Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd and other companies  EWHC 2926 (TCC)
- Counted 4 Community Interest Company v Sunderland City Council  EWHC 3898 (lifting the suspension)
- Ocean Outdoor UK Ltd v The London Borough of Hammersmith and Fulham & Outdoor Plus Ltd ( EWCA Civ 1642 (TCC)
- What could Brexit mean for public procurement depending if the UK is in or out of the single market, the possible options in-between
- An overview of State Aid post Brexit and the application of WTO rules
- Practical tips and advice on how to achieve successful projects in these uncertain times
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme