Confidentiality v Transparency in Public Procurement
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( Keating Chambers )
Course level: Intermediate
Date of recording: 14th June, 2011
The Coalition Government has urged local authorities and other public bodies to be more transparent about how and where they spend public money. But where does the need for transparency come into conflict with commercial confidentiality?
The aims of this webinar is to give a practical grounding in the public procurement process and how to effectively balance the competing interests between a competitive procurement process achieving the best value for money with the transparency duties required by the statutory regulatory framework. Solutions are given from an experienced practitioner to common pitfalls and how to avoid them.
• Transparency agenda
• Central Government contracts
• Local Government contracts
• Philosophy – presumption in favour of transparency
• Freedom of Information Act
o Section 43 Commercial interests
o Qualified exemption
• Public procurement
• Public Contracts Regulations 2006
• PCR and Confidentiality
• Information on Contract Award
• Alcatel Letter
• Accelerated De-Brief
• Amended Regulation 32
• How much information?
• Providing information
• Confidential Information
• Practical steps
o Tender Documents
o Confidentiality clubs
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ABOUT THE PRESENTER
Fionnuala McCredie was called to the Bar in 1992 and specialises in the fields of construction, engineering, procurement, energy, environment and professional negligence related claims, as well as numerous instructions regarding health and safety, bankruptcy and insurance disputes.
Miss McCredie’s practice covers a wide range of advocacy, advisory and drafting for both domestic and international clients. Her advocacy expertise has led her to regularly act for clients in the High Court, especially the Technology and Construction Court, as well as the Court of Appeal and appear before arbitrators, adjudicators and tribunals.
Recent work includes the notable cases of Amaryllis Ltd v HM Treasury (sued as ogcbuying solutions) (No.2)  EWHC 1666 (TCC) in which the procurement process involved the supply and installation of furniture for a variety of government departments and Carillion JM Ltd v Bath and North East Somerset Council  TCLR 5 TCC, which related to the Bath Spa project where the contractor claimed the net sum due on its final account, while the employer counterclaimed for delay and inadequate remedial works.