Developing Compliant Evaluation Processes

Evaluation is an important part of the tendering process and it seems to get more complex with every legal challenge. It is proving to be an area frequently targeted by suppliers as a means to contest an authority's procurement process and mistakes made in the evaluation process can often prove easier to identify, leading to legal cases being raised, such as the Lettings International v London Borough of Newham case.

Contractors are interrogating the scoring models used and questioning the methodologies employed by contracting authorities, so getting the evaluation process right is as important as getting the specification right.

This PASS workshop looks at best practice and considers some of the legal issues raised by challenges to the procurement process. Using case studies and practical exercise, as well as real life examples, the workshop will consider a variety of issues, including:

• Transparency
• Specification
• Contract Terms and Conditions
• Evaluation Strategy
• Scoring Process
• Tender Clarification

The implications of the Lianakis judgement will also be reviewed and discussed as we seek to identify what criteria should be used at the different stages of the procurement process and what should be avoided, as well as considering how this can impact on the evaluation of a tender.

The PASS workshop will also examine how and where additional criteria can safely be included when building evaluation models and look at some of the issues that have occurred in previous challenges, such as the Harmon Facades and Norwich City Council cases.

Getting the evaluation process right at selection and award is critical. Mistakes could lead to anything from a failed procurement process to having a contract set aside by the courts.

Who Should Attend?

• Procurement Managers
• Public Sector Buyers
• Contract Specifiers
• Commissioners
• Finance and Legal Professionals
• Any personnel involved in the evaluation of PQQ and ITT submissions

Why Attend

There have been a wide range of legal challenges in recent times, with many focusing on aspects of the evaluation process. From Harmon Facades to Lianakis to Lettings International, many of the issues raised have focused on actions taken by the Contracting Authority. This PASS workshop will look at how to structure the evaluation process to ensure that your organisation remains compliant and avoids unnecessary challenge.

Delegates will gain a detailed understanding of the differences between selection and award criteria and the inherent dangers of taking selection criteria through to the award stage. Through the use of case study and practical exercises attendees will become more adept at identifying contract-specific criteria, thereby reducing the authority's exposure to legal challenge.