Fraud & Corruption in Public Procurement Intensive Workshop: ce an

Intensive Workshop:
Presentations | Discussion Rounds | Best Practice | Expert Guidance
Fraud & Corruption in Public Procurement
20 – 21 October 2014| Berlin, Germany
∎ How to Define Fraud & Corruption in
Public Procurement?
Speakers:
(among others)
∎ Indicators and Patterns to Detect Fraud &
Corruption
• Christopher BOVIS (chair)
University of Hull
∎ Fraud & Corruption in the Bidding Phase
• Hendrik Fehr, Former
Director at the European
Court of Auditors
∎ Collusion and Bid-rigging
∎ How to Handle Fraud & Corruption Cases
• Grzegorz LANG
Ministry of Economy,
Poland
∎ Recovery & Litigation
• José María MARÍN
Transparency International e.V.
∎ Self-cleansing: How can Companies
Recover Eligibility?
• Tünde TÁTRAI
Corvinus University of
Budapest
• Hans-Joachim PRIESS
Freshfields Bruckhaus
Deringer LLP, Berlin
Overview
: BACKGROUND
The ultimate goal of public procurement is to spend public money in an efficient and proper
manner to achieve best value for money. Given the economic significance of public procurement
in the EU, fraud and corruption in this field dramatically harm the economy and public finances
– both national and EU money. The violation of the public procurement rules remains
one of the main sources of irregularities and fraud in projects co-financed by Structural Funds.
In 2011, the violations of public procurement had a financial volume of more than 67 Mio EUR
according to OLAF. Thus, it remains crucial for public officials in charge of public procurement
for national and EU funded projects to well know the legal requirements and processes of the
procurement cycle in order to avoid irregularities or fraud and corruption.
: METHODOLOGY
The intensive workshop will give participants a profound insight into the recent EU public
procurement reforms and the new regulations for European Structural and Investment
Funds (ESI Funds) in 2014-2020, which require public authorities to set up effective and
risk-based measures to prevent fraud and corruption. Furthermore, specific methods to detect and
effectively prevent fraud and corruption will be discussed. Following the approach from practitioners
for practitioners, this forum provides an interactive exchange on the most crucial questions and
challenges of Public Procurement law among experts. As the number of participants is limited,
there will be sufficient room for in-depth discussion, expert guidance, case studies and your
individual questions.
: PARTICIPANTS
Public Authorities
on EU, national and
regional level
Courts of auditors
on national and
regional level
Consultants and
legal practioners
NGOs
National and international
agencies in charge of
regional development and
economic cooperation
Who should
participate?
Academic
institutions
Programme
DAY 1 | 20 October 2014
Chair: Christopher BOVIS, Chair in Law and Professor of
European Business Law, University of Hull
16:15-17:45 Session IV: Collusion and Bid-rigging in Public
Procurement
• How bidders collude to rig tenders for public
contracts? Detection and prevention methods
• Blacklist and exclusion from future tenders
• Private actions for damages as a result of bid-rigging
• The role of competition enforcement in public
procurement
9:00-9:30 Registration & Welcome Coffee
9:30-9:45 Welcome Notes by Chair & Lexxion Publisher
9:45-11:15 Session I: Defining Fraud & Corruption in Public
Procurement
• Notions and Legal concepts
• Indicators, patterns and the consequences of fraud
and corruption in public procurement
• Fighting fraud and corruption: Policy and Legal
Objectives
• Reforming public procurement for enhanced
transparency
Speakers: Hendrik FEHR, Former Director at the European Court
of Auditors
Tünde TÁTRAI, Corvinus University of Budapest
11:15-11:45 Coffee Break & Networking
Speakers:
17:45-18:15 Question Time & Discussion
DAY 2 | 21 October 2014
Chair: Christopher BOVIS, Chair in Law and Professor of
European Business Law, University of Hull
9:30-11:00 Session I: Handling Fraud & Corruption Cases in
Public Authorities
• The Role of National Competition Authorities
• Disciplinary measures
• Recovery of unduly paid funds & Litigation
11:45-13:15 Session II: Detection of Fraud and Corruption
in Public Procurement
• The Role of institutions in dealing with fraud
and corruption in public procurement
• Detection and Prevention methods: Monitoring,
whistle-blowing, forensic accountancy
• Autoregulation: Use of transparency matrixes
and corruption indices
• Obligatory Fraud Self-Assessment Tool
Speakers: Hendrik FEHR, Former Director at the European Court
of Auditors
José María MARÍN, Public Sector Integrity Programme
Coordinator, Transparency International e.V.
13:15-14:15 Lunch Break
Speaker:
Desirée VAN LAERHOVEN, Legal Tender Expert, BIZOB,
The Netherlands
11:00-11:30
Break
& Networking How can Companies
11:30-13:00Coffee
Session
II: Self-cleansing:
Recover Eligibility?
• Breaches of compliance constituting fraud and bribery
• The consequences of fraud and corruption for private
enterprises
• Self-cleansing
Speakers:
14:15-15:45 Session III: Fraud and Corruption in the
Bidding Phase of Public Procurement
• Automatic exclusion from Selection & Qualification
• Conduct of behavior of undertakings
• Bribery & Canvassing
• Conflict of interests and Collusion between
contracting authorities and undertakings
Christopher BOVIS, Chair in Law and Professor of
European Business Law, University of Hull
Hans-Joachim PRIESS, Partner, Freshfields Bruckhaus
Deringer LLP, Berlin
Hans-Joachim PRIESS, Partner, Freshfields Bruckhaus
Deringer LLP, Berlin
Christopher BOVIS, Chair in Law and Professor of
European Business Law, University of Hull
13:00-13:30 Summary & Final Discussion
13:30
Lunch & End of Workshop
Speakers: Tünde TÁTRAI, Corvinus University of Budapest
Grzegorz LANG, Director, Economic Regulation
Improvement Department, Ministry of Economy, Poland
15:45-16:15 Coffee Break & Networking
Continuing Professional Development (CPD)
This Workshop carries 14 hours SRA CPD credit (or in other
national systems accordingly)
Organisational Information & Registration
Intensive Workshop:
Fraud & Corruption in Public Procurement
Please fax to Lexxion Publisher +49-30-81 45 06-22 or e-mail to [email protected]
Venue: Logenhaus, Emser Strasse 12-13, 10719 Berlin, Germany
Participation fee:
Regular fee: 1450 € excl. VAT | Reduced fee for public authorities: 990 € excl. VAT
19% German VAT will be added.
Special discount for EPPPL and/or EStIF-subscribers: 10 % on the participation fee!
The participation fee includes the seminar material, coffee breaks and lunch. Cancellations should be made in writing per post or fax.
Please note that the full fee will be charged for cancellations received after 05.10.2014. Nomination of a substitute remains possible.
A cancellation arising by reason of too small a number of participants is effected no later than two weeks prior to the seminar. In this
case the participation fee will be refunded. A requirement for reimbursement of travel and accommodation expenses as well as loss
of working hours is not possible, unless such costs result from wantonly negligent or deliberate behaviour on the part of the
organiser. For more detailed information, scope and conduct of contract as well as cancellation policy, please check the Terms &
Conditions on our website.
Registration:
Lexxion Verlagsgesellschaft mbH Güntzelstr. 63 10717 Berlin
Contact Person:
Juliana Veit | phone: +49 (0)30 8145 0627 | fax: +49-30-814506-22 | e-mail: [email protected]
□ YES, I would like to participate for the regular fee of EUR 1.450,– (plus VAT)
□ YES, I would like to participate for the reduced fee for public authorities 990,– (plus VAT).
□ YES, I am EPPPL and/or EStIF-subscriber and receive a 10% discount on the participation fee.
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