Public Procurement Training : “The Essentials”

Maître Thibault CHEVRIER, a lawyer at the Luxembourg Bar specialising in public procurement and a partner at CHEVRIER & FAVARI, will be providing training for ABILWAYS on a day dedicated to understanding the Luxembourg regulations applicable to public procurement – as amended in 2018 – and taking a step-by-step look at the various phases of the process that must be followed in the context of a competitive tendering procedure.

In addition to a review of the applicable legal framework, the course will deal with a number of practical problems relating to recurring issues, such as the grounds for rejection decisions, the amendment and termination of contracts in progress, and the possibilities for regularising bids, by means of role-playing exercises, analysis of administrative court decisions and MCQs.

Program:

Identifying the applicable legal framework:

• The scope of the law and the Grand-Ducal regulation of 08/04/2018.
• Distinction between public contracts and concessions.
• Analysis of the arrangements for dematerialising public procurement procedures.

Definition of the prerequisites for the award of public contracts:

• Analysis and assessment of the needs to be met.
• Drawing up technical specifications, checking limits (trademarks, equivalence).
• Estimating the value of the contract.
• Definition of award criteria, their ranking and/or weighting.

Knowing the thresholds and their calculation rules:

• Dealing with cases of salami slicing
• Splitting or staggering the requirement
• Risks if the evaluation threshold is exceeded

Mastering procedures: definitions, advantages and constraints:

• Review of the various existing procedures
• Advantages and disadvantages
• Practical examples

Examining applications and tenders :

• Qualitative selection: what documents must be provided? at the start of and during the procedure
• Checking, comparing and ranking tenders
• Requests for price analysis (compulsory and optional)
• Use of environmental and social criteria.
• Choosing the successful tenderer: obligation to give reasons and formalities to be complied with (stand-still period)

Finalising the public procurement procedure

• Drawing up a contract report
• Informing unsuccessful candidates
• Responding to disputes and dealing with requests for additional information

Organising proper performance of the contract

• Rules on acceptance and payment
• Analysing the different situations in which a contract may be amended during its performance
• Defining the room for manoeuvre in the event of a unilateral amendment
• Dealing with termination

Following this conference on 1 June 2022, the next date is scheduled for 14 December 2022.

For more information on public procurement or tailor-made training workshops, please contact our law firm.