Public Procurement Law Day

Online

10 November 2020  /  12:50 - 16:45

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Join AIJA’s Commission Month and participate in the Commission Day organised by the Public Procurement interest group on 10 November 2020 – an event devoted entirely to hot topics in public procurement! With these series of sessions, we would like to introduce public procurement issues to AIJA’s agenda, as they are of increasing importance for the business community worldwide:
 

  • We will discuss the pitfalls in joint bidding for public contracts, using a consortium or other similar arrangements (relying on the capacity of the so-called third parties or subcontracting). Are these common business structures becoming risky from the competition point of view? Is it a better procurement strategy to create a consortium or are other alternative structures a better option? Are the changes on the consortium level permitted at the performance stage? We will try to answer these and other questions in a very practical and comprehensive manner, allowing for discussion.
     
  • Furthermore, we will dive into exclusions and debarments from public procurement procedures, their long-term consequences for contractors and the market and the way to mitigate those risks. What is more, we will comment on the proposal of the European Commission announced in June this year to introduce a new exclusion ground based on state aid from the so-called third countries (non-compliant with the Treaty rules) received by the contractors competing for European public contracts.

Come and join our effort to building this new and exciting Commission aimed at connecting anyone interested in any form of public procurement, be it by States or multinational organizations such as multilateral development banks!

We are looking forward to meeting old and new friends in the course of speed networking and our own interest group meeting.

More information on the speakers and the schedule in the programme section of this page.

Organising Committee

  • Katarzyna Kuzma, Domanski Zakrzewski Palinka sp.k.
  • Christopher Wolters, Blomstein Part mbB
  • Martin Rauber, Eversheds Sutherland Ltd.
  • Tinneke Huyghe, Advocatenkantoor De Coninck

All academic sessions are recorded and shared in the Resource Centre the week after the events.


This event takes place during:

AIJA Commissions Month

20 October - 20 November 2020

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Event fees

+ VAT if applicable

AIJA Member < 35150,00  €
AIJA Member >= 35200,00  €
Non AIJA Member < 35225,00  €
Non AIJA Member >= 35250,00  €
Speaker100,00  €
In-House Counsel125,00  €

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Programme - Public Procurement Law Day

Tuesday 10 November 2020

12:50 » 13:00
13:00 » 14:00
Session on pitfalls in joint bidding
Joint bidding in public procurement procedures (usually in the form of consortia or via subcontracting) is a very common business practice all over the world. There are numerous business and legal reasons for which contractors may wish to join forces. However, in the context of public procurement, parties should not enter into such an agreement, without any prior reflection about the legal and operational consequences of competing for a public contract jointly.

During our webinar, we will discuss the challenges related to the joint bidding:
  • How can the structure of cooperation influence the chances of being awarded a public contract?
  • What are the legal limitations on joint bidding and how can one distinguish legal forms of cooperation from illegal ones that distort competition?
Speakers:
  • Martin Rauber
  • Per-Ola Bergqvist
  • Katarzyna Kuźma
14:15 » 14:45
Speed Networking
Take the chance to meet new friends! This quick session is especially for those of you that are interested in Public Procurement law and AIJA. Find out, who else shares your passions and get to know them outside the framework of our meetings!
It will be lots of fun to meet each other in person at the next public procurement law seminar.
15:00 » 16:00
Session on exclusions and debarments
Exclusion and Debarment is one of the both hot and everlasting topics of public procurement. Almost every public procurement regime enables contracting authorities to exclude a company from a specific procurement procedure (exclusion) or any procurement procedure for a certain amount of time (debarment) if an exclusion ground (particularly, but not limited to any form of misconduct) is fulfilled.

In our webinar, we would like to discuss the most common exclusion grounds and under which conditions they can/will lead to an exclusion or debarment of the respective company. As a special treat, we have invited the European Commission to give insights on their recent efforts to enable the exclusion of non-EU companies from procurement procedures that receive subsidies from their home country.

Speakers:
  • Tinneke Huyghe
  • Christopher Wolters
  • Caspar Ebrecht, Legal and Policy Officer, European Commission, DG for Internal Market, Industry, Entrepreneurship and SMEs, G.1 Public Procurement Stragegy
16:15 » 16:45
Interest Group Meeting
Come and join our effort in creating a new AIJA Commission. Find out who is already involved and what’s the plan for the future. We have already plenty interesting events that only wait for your enthusiasm and input: as speaker or as member of the OC.

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