CPD Hours Level
Masterclass 4 IntroductionInformation
SRA Competency B

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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 and Brexit.

Focussing on practical application of the regimes the masterclass will, identify the fresh challenges which the 2014 directives, 2015 and 2016 regulations created, recent case law and include tips on how to achieve successful procurements, whether you are in the public or private sector. It will also include up-to-date consideration of the possible impact of Brexit.

It is aimed at lawyers, procurement officers and others in the public, charitable and private sectors who have limited knowledge of the public procurement regime. It will take into account the European Union (Withdrawal) Bill ('Great Repeal Bill') 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 and key changes in the law in 2015 and 2016:
    • 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 impact of the abolition of Part B, 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)
    • Counted 4 Community Interest Company v Sunderland City Council [2015] EWHC 3898 (lifting the suspension)
    • Update on CCS guidance, such as on the New Selection Questionnaire, Transparency and more depending on the CCS
  • What could Brexit mean for public procurement depending if the UK in or out of the single market and the options in-between
  • Practical tips and advice on how to achieve successful projects in these uncertain times

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Masterclass | 13.01.2020

London | 1:00pm - 5:15pm

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

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1:00pm - 5:15pm
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Discounts are available for multiple places and if you have 5 or more people interested in this course and would like to discuss holding it in your area or on an in-house basis then please email us at information@mblseminars.com
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