Practical Seminar
Brochure
New Public Procurement Procedures:
Competitive Dialogue & Competitive Procedure
with Negotiation
26th – 27th 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:
The Competitive Dialogue Process • Choice of Procurement Procedure • Critical Negotiation Skills
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PRACTICAL SEMINAR
New Public Procurement Procedures:
Competitive Dialogue & Competitive Procedure with Negotiation
Benefit from more flexibility and achieve better commercial outcomes
Who is this seminar for?
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.
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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
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?
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
• How to balance the costs against the advantages of the process, such as increased
• Know how to choose the correct
procedure and avoid costly delays
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?
• 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
• How to deal with limited budgetary and personnel capacities
• How to conduct complex procurement procedures without compromising transparency,
non-discrimination and equal treatment
• 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.”
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PROGRAMME DAY 1
New Public Procurement Procedures:
Competitive Dialogue & Competitive Procedure with Negotiation
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
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.
•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.”
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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
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.
Coffee Break and Networking Opportunity
Workshop
15.00-17.00
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
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.
•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
End of Day One
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PROGRAMME DAY 2
New Public Procurement Procedures:
Competitive Dialogue & Competitive Procedure with Negotiation
CARSTEN KYHNAUV
9.00-9.15
Welcome Note from the Chair
Director, Internal Audit
Department, Ministry of
Defence, Denmark
Eriks Mezalis, Member of the European Commission‘s
Stakeholder Expert Group on Public Procurement
Case Study Exercise
9.15-10.45
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
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
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
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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
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.
15.00-17.00
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
17.00
End of Seminar and Hand-out of Certificates
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ORGANISATIONAL MATTERS
New Public Procurement Procedures:
Competitive Dialogue & Competitive Procedure with Negotiation
BOOKING
Date of Event
26th – 27th February 2015
E-mail: [email protected]
Booking Number
S-962
For online booking please visit
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.
Fax: +49 (0)30 80 20 80 250
Phone: +49 (0)30 80 20 80 230
our website: www.euroacad.eu
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
E-mail: [email protected]
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
E-mail: [email protected]
Johanna Schmidt, M.Sc.
Conference Manager
Phone: +49 (0)30 80 20 80 215
Fax:
+49 (0)30 80 20 80 259
Email:[email protected]
(Programme is subject to alterations)
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BOOKING
E-mail: [email protected]
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
European Academy for Taxes, Economics & Law
at Potsdamer Platz
Entrance: Leipziger Platz 9
10117 Berlin / Germany
BOOKING
BOOKING NUMBER: S-962 MC (DMW) 26th – 27th FEBRUARY 2015, BERLIN
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