Invest in the future. Increase your knowledge. Services for professional procurement. Be better informed, make better decisions. EU procurement training, advice, support and consultancy for regulated procurement professionals in the UK Summer 2014 www.achilles.com
Helping you to reduce risk in EU Procurement. Achilles offers a range of EU procurement legislation training courses. Each course is designed to meet individual customer requirements and combines exercises and case studies which encourage open discussion and debate. Courses can be delivered in-house, by an open route or via the Achilles EU Academy. All Achilles EU courses have Solicitors Regulation Authority CPD points. Advice and Support: THEMiS Achilles has extensive experience of working with public sector and utility organisations. We understand the need for a comprehensive up-to-date system that can help procurement professionals to understand the risks involved in EU procurement, while making information readily available at an affordable cost. Please see our THEMiS brochure for further information. THEMiS provides you with your own EU procurement toolkit that includes: Give Me Guidance 300+ frequently asked and regularly updated questions covering all areas of the procurement process Illustrations including process flow diagrams for all procedures Library Consolidated legislation Summarised relevant EU, UK and Irish court cases Current and previous thresholds Policy guidance from a wide range of governmental bodies both past and present Product code lists and search functionality Ask Achilles - EU consultancy service Notice Sending functionality with approved e-sender status for all OJEU notices Validation and help text on all forms Definitions of hundreds of key procurement terminologies THEMiS provides us with authoritative and up-todate advice on this complex area of law. We find it helps us to comply with the law without losing commercial advantage. Tim Burton Loughborough University How to book training courses This brochure provides sample programmes of our courses. Details of the courses we are currently running can be found on Achilles website: www.achilles.com/euservices To book onto a course or for further information on the latest course dates, please contact the Achilles EU team: Tel: 01235 838115 Email: eclegislation@achilles.com Web: www.achilles.com/ectraining For more information on THEMiS or to arrange a no obligation 7 day free of charge trial, please contact the Achilles EU team on: Tel: 01235 838115 Email: themis@achilles.com Web: www.achilles.com/themis 02
Achilles EU Academy The Achilles EU Academy improves your understanding of the principles and objectives of the EU procurement legislation and examines in a practical way the correct approach to the whole procurement process. The Academy is a combination of 6 one day modules (5 for the Utilities sector) designed to take delegates from the start of the EU process in module 1, to bringing the whole process together in module 6 with a series of case study exercises based on the previous 5 modules. What are the benefits to the organisation? Reduces legal risk of challenge and violation of the procurement regulatory rules Provides practitioners with in-depth legal knowledge to deliver EU compliant procurement projects Helps organisations identify gaps in their EU knowledge for personal development plans Flexible tailoring of module content to meet specific needs of the individual or organisation s sector Why attend? The Achilles EU Academy is a series of modules that aim to provide procurement professionals with a level of training that ensures full understanding of the complexities of EU procurement legislation. The Academy is made up of six (public sector)/five (utilities) modules tailored to your individual sector. Each module has been specifically designed to provide a full understanding of EU procurement legislation to assist procurement professionals reduce risk for their organisation. All our courses offer Chartered Institute of Purchasing and Supply (CIPS) CPD points and Solicitors Regulation Authority CPD points. There are two routes: Option 1 Run in-house for up to 15 delegates per Academy The content for this option and the timeframe can be tweaked to suit your organisational needs, giving you more flexibility with your training requirements. Option 2 Via open route For those organisations that do not have sufficient numbers to run an in-house Academy, the open route is a viable alternative to complete the modules in a group of either Public Sector or Utilities professionals from a variety of organisations. The venue is decided in advance in a central location, and frequently includes London, Manchester and Achilles Head Office (Oxfordshire). The EU Academy provided us with the opportunity to bring our buying professionals together to take a back-to-basics approach and develop their awareness and competence in this important area. The Achilles EU Academy delivered some high quality training; the training was relevant and allowed good interactive debate around the key issues that ultimately helped us achieve our aims. Mike Brooks, Capability Manager Supply Chain and Commercial, United Utilities 03
Specialist EU Procurement Consultancy For occasions where expert advice is required outside the expertise already contained within the organisation, Achilles can provide advisors to discuss either specific issues or general problem areas. Along with this we offer flexible pricing. Dedicated advisors Health checks of processes and procedures Completing compliant EU notices One-off papers Review of procurements Flexible retainers Flexible pricing: fixed price contracts and hourly rates The Central Legal Office of NHS Scotland (CLO) has arranged various master classes and surgery sessions with Achilles. The training was tailored to suit our needs and the trainer was a true expert in his field and was happy to deliver the courses on a basis which met our specific requirements. Lynn Trendell, Team Leader/Senior Solicitor NHS National Health Service in Scotland 04
EU Procurement for Practitioners - Introduction This full day course provides a basic understanding of the EU procurement legislation. Using a mixture of exercises and case studies, this interactive course ensures an understanding of the principles of the legislation, its key processes and risks. This course is aimed at procurement practitioners who are new to regulated procurement and have limited knowledge of EU procurement legislation. Full day Overview and principles Where do the rules come from (Treaty, Directives, and Regulations) and how do they apply? Scope to who do procurement rules apply? Categorisation of contracts Thresholds Valuation of contracts Framework agreements Procedures and timescales Advertising the contract in OJEU Procedures and how long does it take? Selection and award criteria Frameworks What is a framework and how does it help? Setting up a framework Awarding contracts using a framework Remedies What rights do suppliers have? What happens when we get it wrong? EU Procurement for Practitioners - Intermediate This is a full day interactive course which has been developed for procurement professionals who have a basic level of EU procurement knowledge and would like to progress to the next level. The course covers practical issues involving interactive workshops. This course is aimed at procurement practitioners and advisors who have a basic understanding of the EU rules or as a refresher, and wish to expand their knowledge and keep updated with the changes. Full day Brief refresher on the EU rules Practical issues Use of negotiation in EU procurement Less regulated procurements have court cases changed the way we think? Aggregation issues in practice Sustainability, diversity and corporate social responsibility Frameworks - practical issues How much information is enough in the standstill letter? Remedies - risks in practice Supplier challenges: what is the current appetite? Court cases and their implications 05
Advanced masterclass The course looks at the challenges buyers face in the demanding areas of EU procurement legislation. The course enables delegates to explore ways to manage more effectively the complex issues involved in delivering commercial value whilst minimising the risk of challenge under the EU procurement rules. An highly interactive course. This course is aimed at experienced procurement professionals, advisors and lawyers practicing in EU procurement legislation. Full day Session 1 Looking at the grey areas around selection and award criteria Understand case law around selection and award Open discussion Session 2 Fragile frameworks how safe is a framework from cancellation by the courts? How case law has changed the understanding of using a framework Open discussion questions answered Session 3 The risk of challenge - case law review Trends in challenges - implication of the remedies directive Session 4 Ask Achilles live session questions submitted beforehand We ask delegates to submit questions beforehand if you would like further EU issues to be covered. This is a high level workshop for experienced professionals. Specification and Contract Management This course provides a practical approach to proficient and legal specification writing and contract management, incorporating case law and practical examples. This course will provide delegates with the means to ensure organisational objectives are delivered through clear specifications and contractual arrangements with suppliers. Procurement practitioners who are involved in developing specifications; operational and procurement personnel responsible for managing the performance of supplier contracts; and procurement practitioners who require an update or insight to contract performance management. Full day Introduction and course objectives Specifications Overview of the EU Directive and the Treaty Principles Pre-specification tasks Pre-market engagement Stakeholder management Conflicts of interest Relevant court cases. Types of Specification Structure and content Strategic Issues, Social Value Act, SMEs Specifications and the EU Directives Award and selection criteria SMART specifications for contract management Contract management What is contract management Why is contract management necessary Objectives of contract management Aspects of contract management Changes, variations and extensions Relevant court cases Dispute resolution Termination Questions and answers 06
The Heart of the Matter Selecting Suppliers and Awarding Contracts Research proves that 70% of challenges in UK court cases concern selection and award criteria. This course challenges your understanding of how you need to manage risk in this very litigious area. This course is aimed at procurement professionals, advisors and lawyers. 3/4 of a day Introduction and objectives of the course Stage 1 Who can play? What counts as evidence? What can t we ask? Evidence gathering Information in notices: what must be present? PQQs Electronic methods Setting the bar Keeping out the bad guys Using criteria to differentiate supplier capability Pass-fail v scoring system Disclosure when and what? What must suppliers be told before and after selection? Stage 2 who is the fastest? What does good look like? What freedom do we have to decide - does experience count? How and when do we tell them what we want? What if we change our mind what good is? How do we assess how good they are? Scoring Site visits/presentations/interviews How much can we discuss with tenderers before and after assessment Difference between selection and award criteria Question and answers Framework Workshop Framework agreements are used extensively in the UK, accounting for around 60% of public expenditure on goods and services. There are however large gaps in our knowledge of what can and should be done through frameworks. A constraint is the many grey areas that exist in EU procurement legislation in respect of setting up and operating frameworks. These uncertainties are important in assessing the risk of challenge when frameworks are used. The course covers the key questions arising from the establishment and use of frameworks including which framework to use and the use and scope for revision of award criteria. This course is aimed at procurement professionals, advisors and lawyers. Introduction to frameworks and overview Definitions Key points The EU regime for frameworks When is a framework a contract? How are frameworks awarded? How should contracts be called off against a framework? Direct award Mini competitions Award criteria and frameworks Who can use a framework and when? Risk of legal challenge The ineffectiveness remedy and frameworks Using the standstill period to reduce risk Case law Review of framework case law 07
Remedies in Practice This course provides a practical summary of the issues and will enable delegates to compare their own experience of working with the law with colleagues in other regulated bodies and get real answers to the key question how do we manage our risk appropriately at a time of falling real resources and increased supplier appetite for challenge? This course is aimed at professionals who are involved in regulated procurement and need to know the risks of the current law and the implications around challenges. Challenge process Outline of the procurement rules and options for challenge Experience so far with legal challenge an increasing trend The key provisions of the remedies rules: implications and relevant cases Standstill notification and other additional information for suppliers Automatic suspension Ineffectiveness - termination by the courts of concluded contracts Civil penalties and contract shortening Implication for the use of frameworks Case Law review Conclusions drawn as to risk areas Ask Achilles Live! Specific questions from delegates EU Risk Management for non procurement clients This course is specifically designed to help buyers sell procurement legislation to managers within their organisations, whose job is impacted upon by the EU rules but who are not purchasing professionals. Technical clients play a large part in the requirement of a contract and their understanding of how the rules can affect procurement is extremely important. This course is aimed at procurement professionals, advisors and lawyers. Background to the legislation why it matters Key risks Technical specification and standards The need for competition why purchasers have to do what they do Selection of tenderers Tender assessment Contract award and debriefing Remedies the real cost if a purchaser gets it wrong 08
Practical Negotiation under the EU Rules Over 90% of UK procurement advertised in OJEU is under the open and restricted procedure. What scope is there for negotiating under the EU rules? This course is aimed at procurement professionals, advisors and lawyers. Introduction and objectives Is negotiation desirable? How else could our objectives be achieved? Dynamic purchasing systems Electronic auctions To what extent is negotiation possible? Myth busting What is clarification? Negotiation without a call for competition Where possible Extending contracts risk issues? Competitive negotiation v competitive dialogue Which is better? Key process issues The views of governments New Directives - how will the freedom to negotiate be affected? How will you exploit negotiation? Questions and answers The Art of Negotiation The new Directives introduce a number of simplified rules and procedures. They broaden the possibilities for negotiation: the competitive procedure with negotiation and the competitive dialogue may now be justifiably used by a contracting authority when the supply, service or works cannot be met by an off the shelf type of solution. This flexible justification therefore opens up a wider opportunity for the use of negotiation in public procurement. This course is aimed at those practitioners who are seeking clarity when negotiation is appropriate, the procedures available and how to undertake each stage in the negotiation process. Introduction and course objectives What is the regulatory framework of public procurement rules? Why do we have to follow these rules? How do these rules affect negotiation? When do we need to negotiate? Subject matter is unclear: pre-award Contract management: post-award Which procedures are available? Grounds for using the procedure Rules of the competitive dialogue procedure Rules of the competitive procedure with negotiation Competitive procedure with negotiation v competitive dialogue Is there any difference? Which is better? How do we conduct a negotiation? Stages of negotiation Pre-negotiation stage planning and preparation Discussion stage exchanging information Post negotiation stage decisions and agreements Questions and answers 09
EU Update The 2014 EU Procurement Directives were approved by the European Parliament on 15 January 2014, and by the EU Council on 11 February 2014. These directives were published in the Official Journal of the EU on 28 March 2014 and came into force on 17 April 2014. EU member states will now have two years to implement them in national legislation. This course provides advice and clarity regarding the new EU Procurement Directives and other developments such as recent case law. This course is aimed at procurement professionals, advisors and lawyers. Introduction and overview Current issues in public procurement Abnormally low tenders must we investigate? Abolition of Part B services Preliminary market consultations Conflicts of Interest Support of SME s Choice of procedures and grounds for use Innovation partnerships Advertising Clarifications Selection stage Award criteria Framework agreements Shared Services exemption from the Directive Modifications to contract and material change Electronic procurement Increased flexibility to negotiate Grounds for exclusion and self-cleaning This course will change dependent on case law. See our website for the latest program. Getting OJEU Notices Right This is an interactive workshop where we review the most important OJEU notices and examine best practice and common mistakes. It also provides a comprehensive understanding of what is required. This course is aimed at procurement professionals, advisors and lawyers who send notices to the OJEU. What is a notice Purpose of an OJEU notice What type of notices? How important are they? The contract notice Mandatory fields Relevant fields Common mistakes The voluntary ex-ante transparency (VEAT) notice What is a VEAT notice? The purpose of the VEAT notice When should it be used? The Corrigendum notice Can notices be changed? Implication of incorrect notices Correcting a notice Cancellation Contract award notice The purpose of a contract award notice When should it be issued? Mandatory fields Relevant fields 10
Less Regulated Procurement This course is aimed at procurement professionals who are responsible for below threshold contracts; Lighter regime (Part B Services) contracts and service concession contracts. It is designed to demonstrate importance of understanding the rules that apply from advertising the contract to awarding the contract, and all the stages in-between Procurement professionals dealing with less regulated procurement and below threshold contracts. Procurement specialists who require visibility of below threshold contracts for the purpose of aggregation and transparency. Background of the EU rules Legislation hierarchy Treaty principles Overview of less regulated procurement Current understanding Cross border interest Below threshold contracts Formerly Part B Services Service concession contracts Processes Pre-procurement Advertising Selection & award criteria Awarding the contract & notifying suppliers Remedies Impact of Case Law Cross border interest Aggregation Practical Implications of the new Directives Lighter regime (Part B Services) Thresholds National rules Questions and answers How to book our training courses To book onto a course or for further information on the latest course dates, please contact the Achilles EU team: Tel: 01235 838115 Email: eclegislation@achilles.com Web: www.achilles.com/ectraining 11
Achilles Information Limited 30 Western Avenue, Milton Park, Abingdon, Oxon OX14 4SH UK T: +44 (0)1235 820813 F: +44 (0)1235 821093 E: enquiries@achilles.com www.achilles.com 08-04/2014