"Developing Trends in Public Procurement and Auditing"
The final symposium programme will be based upon abstracts to be received by the various contributors. The 5 topics to be addressed will cover various aspects related to the procurement and auditing processes:
Submitters are invited to cover one or more of the following topics in their abstract:
Topic 1: Contractual options in high technology/long duration procurements
(a): Impact of prevailing legal framework and specificity of the concerned field of activity:
The public procurement process is by definition very much determined by the prevailing legal framework under which it takes place. Under this topic, the symposium will first analyse those circumstances that may lead to a given legal framework to be either chosen by the Parties or to impose itself to them. Also, the impact that the specific field of activity has on the way the contractual tools are being developed/used will be studied. Where applicable, evolving practices in the field of Intellectual Property Rights will also be covered under that topic.
(b): Contractual model:
Contracts concluded for the purpose of public procurement often contain a rather large dimension of standardisation. Under this topic, the symposium will analyse the various aspects of such standardisation. What is their rationale? Do the Parties keep the freedom to deviate from such models? Is the principle of “imposed” model questionable legally?
(c): Contractual tools such as incentive/penalty schemes, variable profit schemes, risk sharing, price types, earned value
Irrespective of the technical reality that it intends to cover, public procurement has seen over the last years the emergence and/or refinement of a number of tools aiming at setting-up “early warning” systems, through structured reporting, focusing on cost-price, schedule, and risks. Also, the level of risks identified as from the outset of the project called for the Parties to put in place, along with tailored price-types, risk sharing schemes, associated eventually to incentive/penalty schemes, which would ensure a more transparent monitoring and balanced execution of the contract.
(d): Performance (monitoring and measurement):
Under this topic, the symposium will analyse those process and tools that are being developed to ensure monitoring and measurement of the Contractor’s performance, as well as, where applicable, associated effects for the respective rights and obligations of the Parties.
Being it with or without fault of the Contractor, the termination of the Contract raises questions on the indemnification of the Party that has been suffering damages as a result of the termination. Under that topic, the symposium will take stocks of those recent evolutions in the merit.
Topic 2: Procurement authorities and industry
Relation, impact and responsibilities between procurement authorities and industry on maintenance of industrial capabilities.
(a): Maintenance of industrial capabilities and capacity.
(b): How to organise synergy between public procurement actors. (SME’s different
policies and experiences).
(c): Competition, maintenance and capabilities – How to find the right balance?
(d): National preference, European preference, US act, geographical return of sets. Are
those threats or opportunities?
(e): Harmonisation, specialisation and network of competences impact on public
Topic 3: Procurement techniques, approaches and tools in high technology/long term development programmes
(i): Framework contracts, Spiral Development and SMART, phasing, cycles and
(ii): The use of suppliers’ lists, qualification and bidders.
(b): The use and limits of competition dialogue (confidentiality, neutrality, fairness).
(c): The role and plan of e-procurement (suitability for high tech/long term contracts
(d): “Value for money” c.f. “lowest price” new procurement standard?
(e): The development and impact of regulatory framework, the case of defence
procurement in Europe (Act 296, E.D.A, OCLAR).
(f): Bid protest and keeping the pace.
Topic 4: Audit process
The operational aspects of the audit process. This can include topics such as:
(a): Procurement Audit Authorities involvement in industrial rates and overheads.
(b): Recovery of R&D.
(c): Impact of changing business bases.
(d): Strategic partnership in long term relationships between procurement authority and
(e): Audits of co-funded contracts.
Topic 5: Audit interface aspects
This can include topics such as:
(a): Cooperation aspects of Procurement Audit Authorities (national versus international).
(b): Comparison of different international methodologies/approaches.
(c): Comparison Space & Defence audit approaches.
(d): Right of audit on competitive and non competitive contracts.
(e): Added value internal audit resources versus outsourcing.
(f): Role of cost auditor in the overall procurement process.