Transcript Introducing Procurement Current Issues and Themes

PLA Working Group and Paper on
Procurement and
Land Development Agreements after
Auroux v Roanne
Duncan Osler, MacRoberts LLP
Origin of Paper on Auroux
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First PLA Working Group to be
established
Uncertainty from ECJ Judgment in
Jean Auroux v Commune de Roanne
Policy interest in economic
regeneration
Paper with views as at 22 June
released September 2009
Jean Auroux v Commune de Roanne
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action to annul resolution by the
municipality of Roanne which authorised
the signing of a "public development
agreement" (PDA) to construct a leisure
centre etc
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Project entrusted under a French law
to ‘semi-public’ urban development
company SEDL
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ECJ judgment in January 2007
Judgment and Issues
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Relevance of Ownership - Contracting Authority
entrusting another with the execution of a work
being PWC regardless of CA becoming owner
of all or part of that work
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total value of PWC from the point of view of a
potential tenderer - total amounts to be paid by
the contracting authority and all third party
revenue
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No exemption despite subcontract tendering
Developing the Paper
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Case studies with a practical approach
March to June 2009:
 Discussions – exchange with OGC
 Planning and Procurement ‘interface’
 22 June – meeting to finalise draft
 25 June – Commission formal request
to UK over award of Osbaldwick land
development agreement (York)
PLA event 29 September
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Cyrus Mehta - Development Agreements – when
are they exempt?
Robert Palmer - effect of Auroux on S106 Agts
Jonathan Davey - Unintended Consequences of the
Auroux Judgment
Rebecca Rees - Possible management strategies in
light of Auroux
Dr Mark Butt - Public Procurement and Property
Development in Germany
OGC Released PPN dated16 October 2009
© MacRoberts LLP 2010