Intensive Workshop

Public Procurement: Fraud & Corruption 13-14 March 2017 | Rotterdam

CHAIR Christopher Bovis Chair in Law and Professor of European Business Law, University of Hull

EXPERTS Bodgan Stefan Unit for Public Procurement Strategy, DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), European Commission, Brussels Antonio Capobianco Senior Expert in Competition. Law Enforcement, Competition Division, OECD, Paris Andreas Nemec Managing Director, Federal Procurement Agency BBG (Bundesbeschaffung GmbH), Vienna Paul Quinn CEO, Office of Government Procurement, Ireland (invited) Tünde Tátrai Associate Professor, Corvinus University of Budapest, Budapest

FRAUD & CORRUPTION: NOTIONS, PREVENTION & DETECTION • Defining fraud and corruption in public procurement: Notions and legal concepts • Anticorruption relevant provisions in the new public procurement directives and their impact on the integrity of the public procurement process • Indicators and patterns • Detection of fraud and corruption in public procurement • The fraud risk self-assessment tool • Group work: Design a suitable prevention & detection strategy

COLLUSIVE TENDERING & BID-RIGGING • Fraud and corruption in the bidding phase • Implications of collusive tendering and bid-rigging • Self-cleansing: How can companies recover eligibility?

CASE STUDIES, PRACTICAL INSIGHTS & EXERCISES • Case Study: Identifying & reducing public procurement and EU funds fraud and corruption • Exercise: How to be well-prepared for audit? • Case Study: Handling fraud and corruption cases in public authorities • Recovery & litigation

www.lexxion.eu/events

www.lexxion.eu/events

Public Procurement: Fraud & Corruption 13-14 March 2017 | Rotterdam

General information Challenges for Public Authorities

Who should participate?

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, corruption and collusion in this field dramatically harm the economy and public finances – both national and EU money.

Procurement officers, anti-fraud and corruption officers, internal and external auditors, public officials responsible for the prevention of fraud and corruption as well as for risk assessment and risk management from the following institutions:

The regulatory framework to fight fraud and corruption has been strengthened with the recent EU public procurement reforms. In addition, the new regulations for European Structural and Investment Funds (ESI Funds) in 2014-2020 require public authorities to set up effective and risk-based measures to prevent fraud and corruption. The violation of the public procurement rules remains one of the main sources of irregularities and fraud in projects co-financed by Structural Funds. It will be 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, fraud, corruption and collusion. You should therefore be well trained on the various methods and tools to effectively prevent and detect it.

• • • • • •

Public Authorities on EU, national and regional level Courts of auditors on national and regional level National and international agencies in charge of regional development and economic cooperation Non-governmental organisations (NGOs) Consulting companies and legal practitioners Academic institutions

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. 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.

Participant of the intensive workshop ‘Fraud & Corruption in Public Procurement’ on 18-19 May 2015: “Speakers were excellent, presentations were professional, interactive and full of practical examples that are easy to remember and very useful in ongoing procurement procedures.”

www.lexxion.eu/events

Public Procurement: Fraud & Corruption 13-14 March 2017 | Rotterdam

Programme Day 1 8:30

Registration & Welcome Coffee

12:30

Presentation of Group Work

9:00

Welcome Notes & Introduction Round Chair: Christopher Bovis, Chair in Law and Professor of European Business Law, University of Hull

13:00

Lunch

Corruption and Fraud: Notion, Prevention & Detection

09:15

Session I: Definition and Current Legal Framework • Defining fraud and corruption: notion & policy concepts, types of corruption • Anticorruption relevant provisions in the new public procurement directives and their impact on the integrity of the public procurement process • Possible avenues for Commission action in the field • Objectives and challenges of the Commission’s Anti-Fraud Strategy (CAFS)

Collusive Tendering & Bid-rigging in the Procurement Process

14:00

Christopher Bovis, Chair in Law and Professor of European Business Law, University of Hull

Bogdan Stefan, Unit for Public Procurement Strategy, DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), European Commission, Brussels

10:00

Session II: Corruption and Fraud Detection and Prevention Methods for Increased Fairness and Probity in Public Procurement Indicators and patterns • Monitoring, whistle-blowing, forensic accountancy • Autoregulation: Use of transparency matrixes and corruption indices • The Fraud Risk Self-Assessment Tool

15:15

Coffee Break & Networking

15:30

Session IV: Implications of Collusive Tendering and Bid-Rigging • Blacklist and exclusion from future tenders • How can companies Recover eligibility? • Debarment • Self-cleaning • Case handling: Fines, reputation damage and compliance management

Antonio Capobianco, Senior Expert in Competition. Law Enforcement, Competition Division, OECD, Paris 10:45

Q&A and Discussion

11:00

Coffee Break & Networking

Practical Group Exercise: Designing a Fraud & Corruption Prevention and Detection Strategy

11:30

Practical group exercise: Design a Suitable Corruption Prevention & Detection Strategy Participants will take part in a team exercise in designing a corruption prevention and detection strategy for individual cases given to them. Tünde Tátrai, Associate Professor, Corvinus University of Budapest, Budapest

Session III: Collusive Tendering & Bid-rigging: Patterns, Control & Regulatory experience from Member States • Concepts and behavioral patterns of collusive tendering and bid-rigging • Conduct of behavior of undertakings • Regulatory experience from EU Member States • Frameworks for control

Christopher Bovis, Chair in Law and Professor of European Business Law, University of Hull

16:30

Q&A and Summary of Results of Day 1

17.00

End of Day 1

www.lexxion.eu/events

Public Procurement: Fraud & Corruption 13-14 March 2017 | Rotterdam

Programme Day 2 Practical Insights, Case Studies & Examples Chair: Christopher Bovis, Chair in Law and Professor of European Business Law, University of Hull

09:00

CASE STUDY: IDENTIFY

13:30

CASE STUDY: HANDLE

Identifying & Reducing Fraud and Corruption in the Public Sector • Cost of corruption in the public sector • New approaches in risk assessment for public procurement and EU Funds Fraud • Red flags

Handling Fraud & Corruption in Public Authorities • Practical methods of handling fraud in public authorities • Compliance Policy and dissemination in Federal Procurement Agency • The Day After: what to do when it happened? – Recovery, litigation & disciplinary measures

Tünde Tátrai, Associate Professor, Corvinus University of Budapest, Budapest

Andreas Nemec, Managing Director, Federal Procurement Agency BBG (Bundesbeschaffung GmbH), Vienna

10:00

Coffee Break & Networking

10:30

WORKSHOP: AVOID How to Avoid Fraud & Corruption in Public Procurement in your Institution? • Key areas for attention when devising a compliance strategy and plan • Common mistakes • Exercise: How to be well-prepared for audit? • Expenditure and progress reporting – Practical examples Paul Quinn, CEO, Office of Government Procurement, Ireland (invited)

12:00

Q&A and Discussion

12:30

Lunch

14:30

Q&A and Discussion

15:00

Problem-solving Session You are invited to send us your questions beforehand to make sure that your particular problems/cases will be addressed in greater detail in this sesssion. Christopher Bovis, Chair in Law and Professor of European Business Law, University of Hull

16:00

End of the Workshop

www.lexxion.eu/events

Public Procurement: Fraud & Corruption 13-14 March 2017 | Rotterdam

Speakers Chair Andreas Nemec Christopher Bovis Chair in Law and Professor of European Business Law, University of Hull, Hull, and Managing Editor of Lexxion's European Procurement & Public Private Partnership Law Review Professor, JD, MPhil, LLM, FRSA is H.K. Bevan Chair in Law at the University of Hull. Christopher Bovis is a leading authority in EUpublic procurement and public-private partnerships.He specializes in European Business Law, antitrust law and policy, with particular emphasis on public sectormanagement. He advises international institutions on public sector reforms and has acted on behalf of government and industry on numerous high profile projects. He has been instrumental in structuring flagship public-private partnerships in the UK, EU and overseas. He has published extensively in international legal and management journals and has produced numerous books, monographs and articles on European and business subjects. His academic work has been translated into different languages, including Chinese, French and German.

Managing Director, Federal Procurement Agency BBG (Bundesbeschaffung GmbH), Vienna CV not available upon press date. Paul Quinn CEO, Office of Government Procurement, Ireland (invited) CV not available upon press date.

Bogdan Stefan Unit for Public Procurement Strategy, DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), European Commission, Brussels

Speakers

CV not available upon press date.

Antonio Capobianco

Tünde Tátrai

Senior Competition Expert, Competition Division, OECD, Paris

Associate professor, Corvinus University of Budapest, Budapest

Antonio Capobianco is a Senior Competition Expert with the OECD Competition Division. In this position he is responsible for the proceedings of the OECD Competition Committee. At the Competition Division, Mr Capobianco has coordinated a series of OECD projects and work streams, including the development of the 2009 Guidelines for Fighting Bid Rigging in Public Procurement and the related OECD Council Recommendation of 2012, the work on transparency and procedural fairness, on SOEs and competitive neutrality, and most recently he has been leading the work on international enforcement co-operation. He has authored numerous Background Notes of the Secretariat on a variety of competition law enforcement and policy topics. Prior to joining the OECD in 2007, Mr Capobianco was a Counsel in the Competition Department of WilmerHale LLP, based in Brussels. He also spent three years with the Italian Competition Authority. Mr Capobianco authored several articles on antitrust issues published on major international law journals specialized in competition law and he co-authored textbooks on Italian and European competition law and economics. He regularly speaks at international conferences on antitrust and regulation issues. Mr. Capobianco graduated in law at the L.U.I.S.S. - Guido Carli in Rome and holds LL.M. degrees fromthe Law School of the New York University and from the Institute of European Studies of the Université Libre de Bruxelles.

Graduated as economist and lawyer, Tünde Tátrai currently works as an associate professor at the Corvinus University of Budapest with the Institute of Business Economics. She teaches electronic procurement, supply chain management and sustainable public procurement. She wrote her Ph.D. on Public Procurement and its potential further development in Hungary. She also specialises in ethical procurement. Tünde has been playing leading role in international research projects and is the author of numerous books and international publications. She is correspondent of the European Procurement and Public Private Partnership Law Review and reviewer of Journal of Public Procurement a Journal of Public Administration. Tünde playes active role in Scientific and Organizing Committees of several public procurement research programmes and conferences. She has also been teaching at the Higher School of Economics in Moscow.

Participant of the Intensive Workshop: Fraud & Corruption in Public Procurement, 20-21 October 2014: “Great seminar. Good combination of learning, sharing best practices and lively discussion between speakers and participants.”

www.lexxion.eu/events

Public Procurement: Fraud & Corruption 13-14 March 2017 | Rotterdam

Registration Venue

Please register with:

Inntel Hotels Rotterdam Centre Leuvehaven 80 3011 EA Rotterdam Netherlands

Gael Langosch Lexxion Publisher Güntzelstr. 63 | 10717 Berlin, Germany Phone: +49 (0)30-81 45 06-15 Fax: +49 (0)30-81 45 06-22 E-mail: [email protected] online: www.lexxion.eu/events

Website: http://www.inntelhotelsrotterdamcentre.nl/en

Participation fee □ YES, I would like to participate for the reduced fee for public authorities EUR 1090,00 (excl. VAT). □ YES, I would like to participate for the regular fee of EUR 1590,00 (excl. VAT). □ YES, I am European Procurement & Public Private Partnership Law Review (EPPPL) -subscriber (10% discount if applicable).

________________________________________________________ Name ________________________________________________________ Position, Department ________________________________________________________ Company Name

The Dutch VAT of 21% will be added where applicable. The participation fees include the training material, drinks and snacks during the breaks and lunch.

________________________________________________________ Address

Newsletter subscription

________________________________________________________ Address

□ Please send me information about Public Procurement issues for free. I may unsubscribe from this service any time.

Cancellations Cancellations should be made in writing per post or fax. Please note that the full fee will be charged for cancellations received after 24 February 2017 (included illness or impediment which prevents him or her from fulfilling his duties). 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.

________________________________________________________ Phone, Fax ________________________________________________________ E-Mail ________________________________________________________ Customer No. of EPPPL-Subscription ________________________________________________________ VAT Reg.-No. ________________________________________________________ Date, Signature

Upcoming events Public Procurement for Utilities and Concessions Contracts 8-9 May 2017 | Berlin Two-day intensive workshop on the public procurement requirements for utilities and concessions contracts.

Master Class on Public Procurement and Public Private Partnership Law 8-9 June 2017 | Amsterdam In-depth analysis of important developments and problem solving.