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

(1)

1 Br

oc

hure

Practical Seminar

New Public Procurement Procedures:

Competitive Dialogue & Competitive Procedure

with Negotiation

26

th

_{– 27}

th

_{February 2015, Berlin}

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:

(2)

2 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

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.

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.

(3)

3 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 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

• 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

(4)

4 PROGRAMME DAY 1

New Public Procurement Procedures:

Competitive Dialogue & Competitive Procedure with Negotiation

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

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.

8.30-9.00

Registration and Hand-out of Seminar Material

9.00-9.05

Opening Remarks from the European Academy for

Taxes, Economics & Law

9.05-9.30

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

9.30-10.15

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

10.15-10.30

Discussion Round

10.30-11.00

Coffee Break and Networking Opportunity

11.00-11.30

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

11.30-12.00

Discussion Round

12.00-13.30

Lunch Break and Networking Opportunity

“Very useful! Stimulates exchange of ideas

and points of views.”

(5)

5 Workshop

15.00-17.00

The Competitive Dialogue Process

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.

13.30-14.30

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

14.30-15.00

Coffee Break and Networking Opportunity

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

• 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

17.00

(6)

6 Case Study Exercise

9.15-10.45

Choice of Procurement Procedure

9.00-9.15

Welcome Note from the Chair

Eriks Mezalis, Member of the European Commission‘s

Stakeholder Expert Group on Public Procurement

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

• 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

10.45-11.15

Coffee Break and Networking Opportunity

11.15-12.00

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

12.00-12.15

Discussion Round

12.15-13.30

Lunch Break and Networking Opportunity

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.

PROGRAMME DAY 2

New Public Procurement Procedures:

(7)

7 Case Study Exercise

15.00-17.00

Critical Negotiation Skills

13.30-14.15

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

14.15-14.30

Discussion Round

14.30-15.00

Coffee Break and Networking Opportunity

• 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

• Practical exercise: putting it all together

• Group Work

• Discussion of Results

Brendan Sleight, Chief Engineer, Transport for

London (TfL), United Kingdom

17.00

End of Seminar and Hand-out of Certificates

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.

“A hands-on approach in explaining the use

of procurement procedures”

(8)

8 BOOKING

Fax:

+49 (0)30 80 20 80 250

Phone: +49 (0)30 80 20 80 230

For online booking please visit

our website: www.euroacad.eu

Date of Event

26

th

_{– 27}

th

_{February 2015}

Booking Number

S-962

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,

10117 Berlin, Germany

Phone: +49 (0)30 80 20 80 230

Fax:

+49 (0)30 80 20 80 250

Internet: www.euroacad.eu

Your contact persons for the programme:

Regina Lüning, M. Sc. econ.

Head of Marketing and Sales

Phone: +49 (0)30 80 20 80 246

Fax:

+49 (0)30 80 20 80 259

Johanna Schmidt, M.Sc.

Conference Manager

Phone: +49 (0)30 80 20 80 215

Fax:

+49 (0)30 80 20 80 259

(Programme is subject to alterations)

Event Location

Adina Apartment Hotel Berlin Hauptbahnhof

Platz vor dem Neuen Tor 6

10115 Berlin, Germany

Phone: +49 (0)30 20 00 32 555

Fax:

+49 (0)30 20 00 32 599

Internet: http://www.adina.eu/

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.

ORGANISATIONAL MATTERS

New Public Procurement Procedures:

(9)

9 BOOKING

BOOKING NUMBER

:

S-962 MC (DMW)

26

th

_{– 27}

th

_{FEBRUARY 2015, BERLIN}

Only Valid with Signature and Stamp.

NOTE

European Academy for Taxes, Economics & Law Brauner Klingenberg GmbH | Leipziger Platz 9 | 10117 Berlin | Phone +49 (0)30 80 20 80 230 | Fax +49 (0)30 80 20 80 259

Place, Date

Authorised Signature and Stamp

Phone

Fax

E-mail

Ms.

Mr.

Delegate 1

I hereby order the digital version of the

seminar documents (fee required) in addition

to the seminar.

First name

Last name

Your organisation

Department

Unit

Job position

Street

Postcode / City

Country

Phone

Fax

E-mail

Ms.

Mr.

Delegate 2

I hereby order the digital version of the

seminar documents (fee required) in addition

to the seminar.

First name

Last name

Your organisation

Department

Unit

Job position

Street

Postcode / City

Country

Phone

Fax

E-mail

Ms.

Mr.

Delegate 3

I hereby order the digital version of the

seminar documents (fee required) in addition

to the seminar.

First name

Last name

Your organisation

Department

Unit

Job position

Street

Postcode / City

Country

In case of registration of more than one delegate do you prefer:

single invoice?

collective invoice?

Ms.

Mr.

Invoice Organisation

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

First name

Last name

Your Organisation

Department

Unit

Job Position

E-mail

Street

Postcode / City

Country

Phone

Fax

European Academy for Taxes, Economics & Law

at Potsdamer Platz

Entrance: Leipziger Platz 9

10117 Berlin / Germany

BOOKING

Phone: +49 (0)30 80 20 80 230

Fax:

+49 (0)30 80 20 80 250

For online booking please visit

our website: www.euroacad.eu

Herewith we register the following persons for the Practical Seminar:

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

(10)

10 Terms & Conditions for Conferences, Seminars and other

Training Courses

1. Area of Application

The following terms and conditions settle the contractual relationship between conference participants and the European Academy for Taxes, Economics & Law Brauner Klin- genberg GmbH [referred to as “European Academy for Taxes, Economics & Law” in the following]. Differing terms and conditions, as well as, other settlements and/or regulati-ons have no validity.

2. Registration / Confirmation of Application

A registration can be made via internet, mail, fax, or email. The registration is considered granted and legally binding if not rejected by the European Academy for Taxes, Eco-nomics & Law in writing within seven (7) days after receipt of registration. The registration will be supplemented by a booking confirmation via email. Partial bookings are only valid for seminars designed in modules. 3. Service The course fee covers the fee per participant and course in € net, subject to current German VAT. It includes training course documents as per course description, a lunch meal/ snack and refreshments during breaks, as well as, a participation certificate. The European Academy for Taxes, Economics & Law has the right to change speakers/instructors and to modify the course program if and where necessary while maintaining the overall nature of the course. All registered participants will be notified in case of a course cancellation due to force majeure, due to speakers’ preventions, due to troubles at the chosen location or due to a low registration rate. Course cancellation notification due to a low registration rate is issued no later than two (2) weeks before the course date. Course fees are reimbursed in the cases listed above; however, reimbursement for travel expenses or work absenteeism is only granted in cases of intention or gross negligence by the European Academy for Taxes, Economics & Law. Any reimbursement of travel expenses are to be considered as an exceptional goodwill gesture and form no future ge-neral obligation. In case of disturbances and/or interruptions, the European Academy for Taxes, Economics & Law commits itself to solve or limit any problems that might occur in order to maintain and continue the course as planned.

4. Payment Date and Payment, Default of Payment

Payment of the course fee is payable immediately upon receipt of invoice. Where payment is not received or lacking clear assignment to a participant prior to commencement of the course, the European Academy for Taxes, Economics & Law may refuse the relevant participant’s participation in that course. The course fee, however, is still due immedia-tely and can be claimed as part of a dunning procedure or legal action. In accordance with BGB §247 (1), in case of default of payment within the stipulated time period, default interest on arrears of at least 5% above the ECB base rate is due and payable. The European Academy for Taxes, Economics & Law can claim higher damage for delay if and where proven. Equally, the participant may prove that a damage has not occurred or has had less effect than estimated by the European Academy for Taxes, Economics & Law. Payment shall be made by cashless bank transfer; cash or cheques will not be accepted. The European Academy for Taxes, Economics & Law is not liable for any loss of means of payment. The participant may only offset such claims against the European Academy for Taxes, Economics & Law’s as are undisputed, legally recognized or recognized in writing by the European Academy for Taxes, Economics & Law. The right of retention is only acceptable in accordance with a counterclaim based on the same contract. 5. Cancellation Cancellations need to be issued in writing. Cancellation by the participant will be subject to cancellation charges as follows: • 30 days or more prior to commencement of the course: service charge of 80,00 € net, subject to current German VAT, payable immediately, course fee will be reimbursed, • two (2) weeks to 30 days prior to commencement of the course: 50% of course fee net, subject to current German VAT, payable immediately, • non-attendance or cancellation less than two (2) weeks prior to commencement of the course: 100% of course fee net, subject to current Germany VAT, payable immediately The European Academy for Taxes, Economics & Law gladly accepts without additional costs a substitute participant nominated in case of a cancellation if the substitute parti-cipant is registered at least three (3) days prior to the commencement of the course. Neither cancellation of a specific module/part of the course or substitution per module/per day is possible. 6. Copyright Seminar/course documents are protected by property rights and may not be duplicated, processed, amended, circulated or published in any other way without the written con-sent of the European Academy for Taxes, Economics & Law. The European Academy for Taxes, Economics & Law reserves all rights. 7. Liability All seminars and courses are prepared and presented by qualified speakers and instructors. The European Academy for Taxes, Economics & Law accepts no liability for the up-to-dateness, correctness and completeness of the seminar documentation, as well as, presentation of the seminar.

8. Applicable Law, Place of Jurisdiction, Place of Performance

All cases shall be governed and construed in accordance with German law to the exclusion of the UN Sales Convention. As far as legally admissible, place of performance and place of exclusive jurisdiction shall be Berlin, Germany. 9. Data Protection The European Academy for Taxes, Economics & Law protects personal data by taking appropriate protection measures. For the purpose of optimization of the product and ser-vice portfolio and according to the regulations of the data privacy laws, it stores and processes person-specific data on the training participants. Hence, all European Academy for Taxes, Economics & Law website hits are registered. All personal data will, in accordance with the law, be used for documentation requests, placed orders or other enquiries in order to send information out by post. The European Academy for Taxes, Economics & Law will, in accordance with the law, inform participants by email about special offers that resemble previously booked semi-nars. If and where personal data needs to be transferred to countries lacking appropriate data protection schemes, the European Academy for Taxes, Economics & Law shall grant alternative adequate protection. Furthermore, the European Academy for Taxes, Economics & Law will use personal data as far as participants have granted respective permission. When collecting personal data, the European Academy for Taxes, Economics & Law will always ask for permission regarding email information about offers. The participant may, at any time, express their objection to data collection for the purpose of advertisement or address via email or fax. Any data provided to the European Academy for Taxes, Economics & Law will be processed for reservations and bookings, as well as, for information about other seminars. Names and company names will be published in a participants’ list and forwarded to the mailing company.