AIJA’s Commission Month: Public Procurement Law Day

On 10 November 2020 join AIJA’s Commission Month and participate in the Commission Day organised by the Public Procurement interest group – an on-line event devoted entirely to hot topics in public procurement. Katarzyna Kuźma, Partner in DZP’s Infrastructure & Energy Practice, is part of the organising committee of the Public Procurement Law Day. During the event, she will participate in a session on pitfalls in joint bidding.

About the Public Procurement Law Day:

• Date: 10 November 2020  /  12:50 - 16:45

With these series of sessions, AIJA would like to introduce public procurement issues to AIJA’s agenda, as they are of increasing importance for the business community worldwide: 

• The speakers 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? The speakers will try to answer these and other questions in a very practical and comprehensive manner, allowing for discussion.
   
• Furthermore, the speakers 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, they 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 AIJA’s 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!

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

Organising Committee

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

About the session on pitfalls in joint bidding [13.00 – 14.00]:

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 the webinar, the speakers 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

More information on the speakers, the schedule and registration details can be found on AIJA’s website: https://www.aija.org/en/event-detail/574