The Public Contracts (Scotland) Regulations 2006 (the "procurement regulations") impose obligations on public sector bodies setting out how public contracts must be advertised, competitively tendered and awarded. There can be severe repercussions if the procurement regulations are not followed (e.g. cancelled contracts, damages claims and reputational issues). Bidders for public contracts also need to know the parameters within which they must tender and their rights and remedies should they be treated unfairly. Developers need to be aware that "development agreements" with the public sector could be caught by the procurement regulations, in certain circumstances, giving rise to potential challenge where the works are not competitively tendered.
Following the introduction of the Remedies Directive, we are increasingly being instructed in relation to reviewing proposed arrangements for procurement competitions, the associated documentation and on the risk of challenge particularly in relation to contracts that may not previously have been put out to competition. This seminar from our procurement specialists will not only look at the rules on public procurement but will give practical tips for both bidders and authorities to protect their interests based upon lessons learned.
This seminar will cover:
• An introduction to the procurement regulations: the background and rationale for the rules, the general requirements that must be followed and the different types of competition that can be used. We will also look at when the rules might not apply (e.g. exemptions and thresholds)
• Hot topics and issues for the construction and property sectors drawing from the lawyer's unique position of advising clients right through the process, be that contracting authorities in relation to structuring and running competitions, putting together documentation and awarding contracts or private sector bidders in tendering projects and advising on options for challenging contract awards
• The remedies available to disgruntled tenderers to challenge the award of a public contract or seek other redress; the issues that this gives rise to for those operating public contract competitions; and how to deal with challenges. We will also consider the impact that the introduction of the remedy of ineffectiveness has had on the private sector
• Formal dispute resolution in the context of a public procurement challenge with case study examples. This will give delegates an insight of what a formal challenge entails for both sides of the dispute
The seminar is intended to provide delegates not just with an understanding of the legal issues relating to public procurement but also to provide practical guidance for those operating competitions, bidding public sector contracts and consultants advising on public contracts.
It is not just the public sector that needs to know about the public procurement regime - the rules impact on anyone in the private sector working with a public body or on a public contract. Given the pitfalls and consequences of a failed procurement or an ineffectiveness order and the increasing number of challenges we have seen in the current market, the risks associated with public procurements are more important than ever, and this seminar will guide you through the regulations, the risks to your business.
This seminar will be of interest to clients (public and private sector), contractors/sub-contractors, consultants, tenants, investors, funders and insolvency practitioners. Please forward this invitation to others within your organisation who may be interested in attending.