New Public Procurement Procedures: Competitive Dialogue & Competitive Procedure with Negotiation

Transcription

1 Practical Seminar New Public Procurement Procedures: Competitive Dialogue & Competitive Procedure with Negotiation 26 th 27 th February 2015, Berlin Brochure With Experts from: Europol, the EU s Police Cooperation Agency Ministry of Defence, Denmark Transport for London (TfL), United Kingdom European Commission s Stakeholder Expert Group on Public Procurement With three workshops on: The Competitive Dialogue Process Choice of Procurement Procedure Critical Negotiation Skills 1

2 PRACTICAL SEMINAR New Public Procurement Procedures: Competitive Dialogue & Competitive Procedure with Negotiation Benefit from more flexibility and achieve better commercial outcomes With the new public procurement directive 2014/24/EU, which has come into effect in 2014, the European Commission has introduced a number of opportunities that allow for more flexibility in the procurement process while upholding the basic requirements of competition, transparency and equal treatment. In particular the competitive dialogue and competitive procedure with negotiation as compared to the open or restricted procedures can be advantageous tools to purchase complex contracts: they make it possible for public procurers to refine requirements, develop a detailed evaluation matrix and purchase works and services tailored to their needs and budgetary constraints. Cleverly constructed and innovative delivery methods can bring about a final fit-for-purpose solution and deliver better value for money. Given the EU s aim to promote innovative goods and services this becomes ever more relevant. Be risk aware: Manage the risks and achieve better results However, the competitive procedure with negotiation appears more risky in terms of transparency, non-discrimination and equal treatment and conducting the competitive dialogue may be more expensive and may take longer than common procedures. This applies in particular for contracting authorities that have only little or no experience in the use of special procurement procedures so far. Another hindrance may be the limited capacity available for contracting authorities. A poor understanding of the procurement process and deficient planning can lead to unexpected costs and longer timescales and thus the risk of suppliers dropping out. Who is this seminar for? Directors, Heads of Units, Experts, Managers, Procurement Policy Officers, Procurement Practitioners and other members of staff dealing with public procurement from: Central Procurement Offices and Purchasing Agencies National and Regional Ministries City Councils & Communities Executive Agencies Public Health Services and Hospitals Defence Procurement Agencies Research Institutes European Agencies and Institutions Central Banks, International Banks, Development Banks Procurement Agencies from EU Candidate Countries Competition Authorities International Organisations Other bodies responsible for public procurement under EU rules Make sure your authority receives the best value for money while observing the principles of transparency and competition In order to improve procurement outcomes it is crucial to know how to determine realistic goals, costs and timescales. In this two day seminar you will receive a comprehensive understanding of the competitive dialogue and the competitive procedure with negotiation. Learn how to thoroughly assess suppliers evolving proposals and final tenders, and diligently prepare for the procurement process. Avoid penalties, fines or loss of credibility during the audit oversight by taking into account the audit objectives and techniques from the start. Case studies and workshops will equip you with tools and techniques to define your goals, evaluate your capacities and choose the right procurement procedure. Moreover, the seminar will give you the opportunity to advance your negotiation skills to enable you to take full advantage of the dialogue phase. You will learn how to make best use of the dialogue process and secure improved outcomes from those who have already successfully conducted special procurement procedures. 2

3 What will you learn at this seminar? What are the legal and practical consequences of the amended procurement procedures? What are the benefits of the competitive dialogue and competitive procedure with negotiation for your institution? On which grounds can the competitive dialogue and competitive procedure with negotiation be used? How can the most advantageous procurement procedure be determined? How to balance the costs against the advantages of the process, such as increased value for money How can complex procurement procedures be implemented in practice? What does a diligent preparation entail? How to create relationships that add value to the dialogue process Why is early market engagement necessary? What are the constraints of the competitive dialogue and competitive procedure with negotiation? How to deal with limited budgetary and personnel capacities How to conduct complex procurement procedures without compromising transparency, non-discrimination and equal treatment Your benefits Benefit from the offered flexibility that comes with the use of the competitive dialogue and competitive procedure with negotiation Achieve better results and make sure you receive best value for money Market for complex or innovative solutions Know how to choose the correct procedure and avoid costly delays Practice conducting a negotiation and improve your negotiating abilities Know how to prepare for audit oversight and thereby avoid penalties and loss of credibility Receive practical advice from our European experts who have successfully conducted special procurement procedures Exchange experiences with peers from other procurement officers dealing with the same challenges What data is required for the audit oversight? It is a great opportunity to see how other institutions deal with large projects and complex procurements. A comprehensive seminar with room to apply the presented into practice. 3

4 PROGRAMME DAY 1 New Public Procurement Procedures: Competitive Dialogue & Competitive Procedure with Negotiation Registration and Hand-out of Seminar Material Opening Remarks from the European Academy for Taxes, Economics & Law Welcome Note from the Chair and Round of Introductions Expectations and experiences of the participants Eriks Mezalis, Member of the European Commission s Stakeholder Expert Group on Public Procurement New Developments Impacting Complex Procurement Directive 2014/24/EU what s new? The capacity to secure improved outcomes Size and type of contracts let under special award procedures Grounds and limits for use determining if use of procedure is valid Greater flexibility to negotiate Making it easier to identify your options before you buy Simplified selection process New provisions on life-cycle costing Provision to improve access for SMEs Eriks Mezalis, Member of the European Commission s Stakeholder Expert Group on Public Procurement Discussion Round Coffee Break and Networking Opportunity Conducting the Competitive Dialogue Facilitating Discussions Grounds for use The key principles: equal treatment and transparency Stages and time limits Pre-qualification: use of selection and shortlisting criteria Areas of concern: confidentiality, time and costs Negotiation in the competitive dialogue Reducing the number of bidders in the procedure Conclusion of dialogue, contract award and post-award communication Natascha Graff, Procurement Specialist, Procurement Division, Europol ERIKS MEZALIS Member of the European Commission s Stakeholder Expert Group on Public Procurement Eriks Mezalis (Dipl. Iur.) is a consultant with a specialisation in the fields of public procurement and public private partnerships. He is a member of the European Commission s Stakeholder Expert Group on Public Procurement. Prior to his career as a consultant, Eriks worked in Latvia s central public procurement body, where he dealt specifically with the transposition of EU procurement directives into national law. Eriks Mezalis has consulted on major EU funded public procurement projects in sectors such as infrastructure, IT and healthcare. He has lectured in many seminars related to public procurement and PPP both on a local and international level and is the author of publications related to these topics. NATASCHA GRAFF Procurement Specialist, Procurement Division, Europol Natascha Graff has broad hands-on experience in tendering procedures. Currently, she is working as procurement specialist for Europol, the European Law Enforcement Agency in The Hague. How to best implement procurement rules into practice is a subject which is of particular interest to her. Her prior work experience includes procurement logistics in the automotive industry in Germany, assistant services to an international law firm partner specialised in EU public procurement in Belgium and public procurement for the European Commission Representation in Austria Discussion Round Lunch Break and Networking Opportunity Very useful! Stimulates exchange of ideas and points of views. 4

5 Changes in Use of the Negotiated Procedures: 1. The New Competitive Procedure with Negotiation 2. Negotiated Procedure without Prior Call for Competition Grounds for use, the difference to the competitive dialogue procedure The different stages in the competitive procedure with negotiation Equal treatment and confidentiality (Non-)flexibility of sharing technical specifications and limits on content of negotiations Can a non-compliant tender be made compliant via negotiations? Time frame for (re-)submission of tenders Reducing the number of participants in successive stages Conclusion of negotiation, contract award and post-award communication Negotiated procedure without prior call for competition: - Grounds for use - Conduct of the procedure - Negotiation position how to deal with zero competitive pressure Natascha Graff, Procurement Specialist, Procurement Division, Europol Coffee Break and Networking Opportunity Workshop The Competitive Dialogue Process In this workshop, participants will work with case studies using role-play in the competitive dialogue process. Defining the scope Choosing the competitive dialogue procedure Choosing selection and award criteria Determining timescales Assessing and managing risks Invitation to submit proposal and assessment Establishing and maintaining competition Focus during dialogue Concluding the dialogue and inviting bids Evaluating bids Closure and contract award BEN BERRY Senior Commercial Manager, Transport for London (TfL), United Kingdom Ben Berry is a Senior Commercial Manager employed at Transport for London (TfL). He is a fully qualified member of the Chartered Institute of Purchasing and Supply (CIPS) and has worked in public and private sector procurement for 15 years. Ben Berry currently manages three commercial teams encompassing Engineering and Support Services, Technology and Systems, and Operational Infrastructure. He was the commercial lead for TfL s new traffic signals contracts. The contracts are worth around 317m for up to eight years and will see London s traffic signals upgraded and maintained to the latest, greenest standards. These new contracts will also deliver a substantial saving of around 42m compared to the previous contracts, achieved through competitive dialogue between the bidders and TfL. JAMES SUMMERS Senior Commercial Manager, Transport for London (TfL), United Kingdom James Summers is a Senior Commercial Manager employed by Transport for London (TfL). He manages a large commercial projects team which covers the full commercial lifecycle of projects; his team and expertise consists of business analysis, procurement and commercial contract management. The main responsibility is for large complex outsourced services contracts such as the London Road User Charging Scheme (LRUC) and London Cycle Hire Scheme. James Summers most recent success has been as the commercial lead in the future LRUC and Traffic Enforcement Notice Processing Contracts. This was a complex requirement which fully utilised the competitive dialogue procedure and achieved savings of around 130m when compared to previous contracts. Group Work Discussion of Results Ben Berry, Senior Commercial Manager, Transport for London (TfL), United Kingdom James Summers, Senior Commercial Manager, Transport for London (TfL), United Kingdom End of Day One 5

6 PROGRAMME DAY 2 New Public Procurement Procedures: Competitive Dialogue & Competitive Procedure with Negotiation Welcome Note from the Chair Eriks Mezalis, Member of the European Commission s Stakeholder Expert Group on Public Procurement Case Study Exercise Choice of Procurement Procedure In this case study the participants work with case studies to prepare some short notes explaining which procedure is appropriate and why, and whether any other procedure may be justified. Introduction to case studies Consideration of most suitable procurement procedure Consideration of practical application choosing a particular procurement procedure CARSTEN KYHNAUV Director, Internal Audit Department, Ministry of Defence, Denmark Since 2006, Carsten Kyhnauv is Director of Internal Audit in the Ministry of Defence in Denmark where he is now responsible for the internal auditing of the Danish Defence and Danish Home Guard. In this role he has gained vast experience in auditing huge and complicated public procurements for example investments in navy ship borne helicopters, warships, and armoured personnel carriers. He is a member of the group executive management team in the Ministry of Defence, and also confidential adviser on financial management to the top management team within the Danish Defence and Danish Home Guard. Moreover, Carsten Kyhnauv has extensive academic experience from his part time work as assistant professor at the Copenhagen Business School (since 1985) and at the University of Southern Jutland (since 1995), Institute of Accounting & Auditing. He also has expertise in the finance sector: He started his career as banker and has been senior vice president as a merchant banker in a large Danish bank. Following this position he was appointed as CFO in the City of Copenhagen at the Department for Children and Youth Administration. Sharing of findings and best practice Discussion of practical examples and resolving questions Group Work Discussion of Results Eriks Mezalis, Member of the European Commission s Stakeholder Expert Group on Public Procurement Coffee Break and Networking Opportunity Preventing Fraud and Corruption in Procurement Procedures including Dialogue and Negotiation Addressing the threat What kind of threats should you be aware of in procurement procedures including dialogue and negotiation? Focus on the possibilities Know your business environment - Identifying the risk for fraud and corruption in the process - Possibilities of fraud within your as well as the suppliers organisation Preventing fraud and corruption Definition of fraud Definition of corruption How to try to prevent/avoid/limit possibilities of fraud and corruption in your organisation Establishing internal processes and control functions Carsten Kyhnauv, Director, Internal Audit Department, Ministry of Defence, Denmark Discussion Round Lunch Break and Networking Opportunity 6

7 Preparing for Audit Oversight: Dealing with Auditors and Minimising Audit Risk Relationship between procurement and audit bodies Dealing with auditors and improving working relationships Foreseeing audit procedures and data required Establishing effective internal processes to prevent fraud in your procurement processes Carsten Kyhnauv, Director, Internal Audit Department, Ministry of Defence, Denmark Discussion Round Coffee Break and Networking Opportunity Case Study Exercise BRENDAN SLEIGHT Chief Engineer, Transport for London (TfL), United Kingdom Brendan Sleight is a Chartered Engineer employed at Transport for London (TfL) as the Chief Engineer responsible for the maintenance of all traffic lights and related equipment across Greater London, comprising of over 6,200 sets of traffic lights and various other traffic control equipment. Brendan was the lead negotiator for TfL s new traffic signals contracts. These are worth around 317m for up to eight years and will see London s traffic signals upgraded and maintained to the latest, greenest standards. These new contracts will also deliver a substantial saving of around 42m compared to the previous contracts, achieved through competitive dialogue between the bidders and TfL Critical Negotiation Skills Preparing for negotiation by developing a strategy Practical exercise: determining key points and fear, uncertainty and doubt (FUD) Negotiate over the framework not the price Practical exercise: managing time, people and conflicts by time-outs Strategy not tactics Negotiate to achieve clarity and creativity Practical exercise: negotiate with multiple suppliers Choosing your team for each session Differentiating the people from the problem A hands-on approach in explaining the use of procurement procedures Practical exercise: putting it all together Group Work Discussion of Results Brendan Sleight, Chief Engineer, Transport for London (TfL), United Kingdom End of Seminar and Hand-out of Certificates 7

8 ORGANISATIONAL MATTERS New Public Procurement Procedures: Competitive Dialogue & Competitive Procedure with Negotiation Date of Event 26 th 27 th February 2015 Booking Number S-962 BOOKING Fax: +49 (0) Phone: +49 (0) For online booking please visit our website: Event Language The event language will be English. Event Price 1.389,- Euro excl. German VAT (19%) The above price covers the following: Admission to the seminar Hand-out documents Seminar certificate, if seminar fully attended Soft drinks and coffee/tea on both event days Lunch on both event days Upon request you can receive a digital version of the seminar documents after the event for 60,- Euro excl. German VAT (19%) in addition to the seminar. Contact European Academy for Taxes, Economics & Law at Potsdamer Platz, Entrance Leipziger Platz 9, Berlin, Germany Phone: +49 (0) Fax: +49 (0) info@euroacad.eu Internet: Your contact persons for the programme: Regina Lüning, M. Sc. econ. Head of Marketing and Sales Phone: +49 (0) Fax: +49 (0) regina.luening@euroacad.eu Johanna Schmidt, M.Sc. Conference Manager Phone: +49 (0) Fax: +49 (0) johanna.schmidt@euroacad.eu (Programme is subject to alterations) Event Location Adina Apartment Hotel Berlin Hauptbahnhof Platz vor dem Neuen Tor Berlin, Germany Phone: +49 (0) Fax: +49 (0) abhb@adina.eu Internet: Please contact the hotel directly and refer to the European Academy for Taxes, Economics & Law if you wish to benefit from a limited number of available rooms. Of course you can always look for an alternative hotel accommodation. 8

9 BOOKING Phone: +49 (0) Fax: +49 (0) For online booking please visit our website: European Academy for Taxes, Economics & Law at Potsdamer Platz Entrance: Leipziger Platz Berlin / Germany BOOKING BOOKING NUMBER: S-962 MC (DMW) 26 th 27 th FEBRUARY 2015, BERLIN Herewith we register the following persons for the Practical Seminar: New Public Procurement Procedures: Competitive Dialogue & Competitive Procedure with Negotiation. Delegate 1 Ms. Mr. First name Last name Your organisation Department Unit Job position Street Postcode / City Country Delegate 2 Ms. Mr. First name Last name Your organisation Department Unit Job position Street Postcode / City Country Delegate 3 Ms. Mr. First name Last name Your organisation Department Unit Job position Street Postcode / City Country Phone Fax Phone Fax Phone Fax I hereby order the digital version of the seminar documents (fee required) in addition to the seminar. I hereby order the digital version of the seminar documents (fee required) in addition to the seminar. I hereby order the digital version of the seminar documents (fee required) in addition to the seminar. Invoice Organisation First name Your Organisation Department Unit Job Position Ms. Mr. Last name Street Postcode / City Country Phone Fax With my signature I confirm my registration and accept the General Terms and Conditions as legally binding. I herewith agree to receive further information from the European Academy for Taxes, Economics & Law In case of registration of more than one delegate do you prefer: single invoice? collective invoice? NOTE Only Valid with Signature and Stamp. Place, Date Authorised Signature and Stamp European Academy for Taxes, Economics & Law Brauner Klingenberg GmbH Leipziger Platz Berlin Phone +49 (0) Fax +49 (0)

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