Past Seminar : Procurement and Competition Insights

Held on 26 Oct 2017, 08:30 AM - Labourdonnais Waterfront Hotel
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An overview

The first Procurement and Competition related seminar in Mauritius.

Most Mauritian corporations bidding for Government or Parastatal tenders would consider public procurement and competition as different disciplines. Think again.

The competition route is another way to contest bids, compete differently, request changes in tender documents and to protect yourself from allegations of bid rigging or information sharing between competitors or collusive behaviour. Understanding the principles which govern this area of business application is a must for all companies, whether large or SMEs, in order to compete effectively in today’s changing legislative landscape.

This seminar assists you to understand:

  • How the public tender process works and how changes can be proposed.
  • What is bid rigging and how to stay clear of infringements.
  • How to make a complaint against a tendering authority under Competition Law.
  • Best practices in teaming up with a competitor and avoiding the risk of collusive behaviour.
  • Engaging with different authorities, other than the IRP, to contest a bid.

Who should attend:

  1.  Persons preparing bids in companies;
  2.  Compliance and in-house advisory teams;
  3.  SME owners fighting for a chance to compete against larger competitors;
  4.  Local authorities and public officers preparing and analysing tenders.
08:30 – 09:00REGISTRATION AND BREAKFAST
09:00 – 09:15HOW THE SYSTEM WORKS IN MAURITIUS

 

  • Creating the tender
  • The Public Procurement Office
  • The Appeal System
09:15 – 10:00BID RIGGING DEMYSTIFIED

 

  • Definition of Bid Rigging
  • How Bid Rigging is established
  • Minimising risks
  • Vertical Coordination
  • Intragroup Coordination
  • Investigation examples
10:00 – 10:30MAKING A COMPLAINT AGAINST THE COMPETITION

 

  • Main issue in Bid Rigging investigations
  • Engaging with the Competition Commission
10:30 – 10:45REFRESHMENTS
10:45 – 11:15BEST PRACTICES / GUIDELINES

 

  • Analytical tools for detection
  • Guidelines and best practices
11:15 – 11:45TEAMING WITH COMPETITORS

 

  • Making joint bids with competition
  • Information exchange and protection
  • Teaming agreements
11:45 – 12:15ENGAGING WITH AUTHORITIES

 

  • Engaging the tenderer for abuse of its own monopoly
  • Tender criteria review
12:15 – 12:30QUESTIONS AND END OF SESSION

For more detailed information, please download the full programme.

Sanjeev Ghurburrun  –  Founder and Head of Legal

Sanjeev Ghurburrun has an LLB from the University of Birmingham, and was called to the Bar in Mauritius since 1995. Sanjeev has assisted clients to make representations to the Competition Commission and worked on the creation of the rules of the Competition Commission as part of a World Bank Exercise. He has successfully handled complex merger clearances, cartel defences and abuse of monopoly claims.

 

Ashwina Pittea  –  Barrister

Ashwina Pittea called to the Mauritian bar in January 2013, after being ranked first at the vocational examination for barristers held by the Council of Legal Education. She is also an Associate of the Association of Arbitrators (Southern Africa). 

Since 2013, Ashwina has acted in cases which involve different areas of law and has considerable experience of the spectrum of disputes relating to commercial and corporate law. 

Labourdonnais Waterfront Hotel

Le Caudan Waterfront, BP 91, Port Louis

T : (+230) 202 4000

www.labourdonnais.com

Parking :

Free parking slots are available at Marina Quay in Caudan Waterfront. Get your parking ticket stamped at the Hotel reception after the seminar.

Fee per participant : Rs 5,500 (Vat Included).

Special fees apply for companies sending more than 5 delegates. Please contact us for more information.

This seminar is MQA approved and is refundable by the HRDC.

The fee includes the course material and refreshments. Payments can be made by cheque or bank transfer. In both cases, an invoice will be sent to you shortly after your registration.

For more information contact Bryan Doorgaya

bryan.doorgaya@geroudis.com

Tel: +230 210 3838  –  Fax: +230 210 3912

Mauritius is one of those countries which favours larger corporations and prejudices SMEs generally in its bidding process asking for years of expertise and proven track records as a way to reduce the risk of having non-performing companies winning bids. The downside is that it becomes all the more important to partner with other local or international companies to compete with the larger domestic players.

Such partnerships create risks of collusive behaviour, sensitive price information exchanges and other behaviours which are prohibited under competition legislation. Knowing how to harness these principles would assist companies to both defend themselves with best practices, and use them as a weapon to contest winning bids in a completely different way, apart from using the Independent Review Panel.

Additionally, competition principles also impose certain obligations on those public authorities or parastatal bodies which also participate in markets with economic activity, and as such may be amenable to restrictions as monopolies, specially in the way they provide for the terms of tenders and their agreement with the winning bidder. Understanding those parameters is a must for tenderers and those considering to contest bids or propose changes for the future.

Join us to understand how you can implement a competitive bidding strategy in accordance to Competition Laws.

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