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Recent Experiences with the CD Procedure in the UK Jonathan Davey, Partner, Addleshaw Goddard 25 April 2008.

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Presentation on theme: "Recent Experiences with the CD Procedure in the UK Jonathan Davey, Partner, Addleshaw Goddard 25 April 2008."— Presentation transcript:

1 Recent Experiences with the CD Procedure in the UK Jonathan Davey, Partner, Addleshaw Goddard 25 April 2008

2 Structure of this session History in UK Aims of CD Shape of UK legislation Early UK experiences Current position Some suggestions

3 History PPP in UK since 1990’s  Manchester Metrolink Project Historically no CD Procedure  Competitive Negotiated Procedure used  “Prior overall pricing” ground  Challenge to use of Negotiated Procedure  Pimlico Schools  Norwich Airport

4 Aims of CD Provide a flexible procedure suitable for complex PFI/PPP projects whilst minimising risk of distortion Outcome is a compromise  Considerable negotiation required to deliver complex projects  Fear that negotiation aids national or other preferences A practitioner’s view (and separate handout)

5 Shape of UK legislation Subordinate legislation Four sets of regulations replaced by just two with effect from 31 January 2006:  Public Contracts Regulations 2006  Utilities Contracts Regulations 2006 Remedies Directive

6 Early UK experiences Significant number of OJEU advertisements placed referring to CD even before UK implementation Large number of existing projects continue using Negotiated Procedure Personal experience – 2 urban regeneration CD adverts prior to UK implementing Regulations

7 Current position Almost universal replacement of Negotiated Procedure by CD CD in name but not in substance? Frequent pitfalls:  Lazy use of NP documentation/procedures  Failure to define needs and requirements  (still) failure to get Evaluation Criteria and Weightings right (and see Lianakis case)  Poor control of/use of dialogue phase  Uncertainty around closing dialogue  Insufficient development of terms prior to ITT, leading to need for post-PB negotiation going beyond “clarifying and confirming commitments”

8 Some Suggestions Early work (planning, modelling, team structuring) pays later! CD is a process of communication, not a set of documents Share experiences; use resources; promote best practice Bidder skill; challenge culture (in UK now; in CZ tomorrow?) Be flexible; ensure your documents allow it Maintain momentum but try to resist external deadline pressure

9 Any questions?

10 Recent Experiences with the CD Procedure in the UK Jonathan Davey, Partner, Addleshaw Goddard 25 April 2008


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