Conference Chairperson & Opening Remarks

Dr. Paul Davis, Lecturer in the Faculty of Business, DCU

Regulation 72 – Contract Modifications, Extensions & Variations in 2026

Speaker: Fergal Ruane, Partner, Byrne Wallace Shields LLP

• When a contract can be lawfully modified, extended or adjusted
• Understanding the 50% rule, cumulative change limits and material variation risks
• Safe harbours: unforeseeable circumstances, replacement contractors and de minimis thresholds
• Whether Regulation 72 can be applied pre-award and what case law clarifies
• How to document modification decisions to withstand scrutiny

New EU Procurement Thresholds – January 2026

• New EU thresholds from January 2026 and how they change advertising, competition routes, and procurement decisions.
• Mandatory transparency rules in practice – eForms, notice publication, and when below-threshold Contract Award Notices(including framework call-offs) are required.
• Circular 17/2025 and GPP – what must now be included in 2026 tenders and how this affects specifications and scoring.
• eForms compliance essentials – mandatory fields, common errors, and where authorities are being caught out.
• Audit-ready digital records – evaluation, moderation, and award documentation that stands up to FOI, audit, and challenge

AI & Public Procurement –Privacy Pitfalls and Advantages

Speaker: Patrick Kane, Partner at Philip Lee LLP

• Where AI is already creeping into procurement – market analysis, tender drafting, evaluation support, and contract management
• Data protection and confidentiality risks when using AI tools, including personal data, commercially sensitive information, and training data concerns
• Transparency and explainability issues why AI-assisted decisions must still be explainable, auditable, and defensible
• AI governance and accountability who is responsible when AI is used in procurement processes and decisions
• Using AI safely and lawfully – practical safeguards, policies, and do-and-don’ts in 2026

Evaluation & Scoring –Updated Expectations and Common Pitfalls

Speaker: Richard Hourihan, Associate, A&L Goodbody LLP

• 2026 expectations around consensus scoring and moderation notes
• Drafting unambiguous MEAT criteria and avoiding inconsistent thresholds
• Scoring approaches that most often trigger legal challenges
• Providing compliant, defensible feedback to unsuccessful bidders
• Ensuring internal evaluation processes match published criteria

Abnormally Low Tenders – Legal Tests and Practical Investigation Steps

Speaker: Emma Hinds, Senior Associate, McCann FitzGerald LLP

• Indicators of potentially abnormally low tenders under 2026 thresholds.
• The duty to investigate versus the duty to reject — what authorities must do.
• How to structure ALT clarification questions and assess responses.
• Proper documentation and decision-making to defend ALT decisions in a challenge.
• Recent Irish/EU case law trends affecting 2026practice

Green Public Procurement –Mandatory Requirements Under Circular 17/2025

Speaker: Peter Curran, Partner, Projects, Infrastructure & Energy Group, Beauchamps LLP

• What must be included in all 2026 specifications and evaluation criteria.
• Sector-specific GPP obligations for construction, transport, ICT and services.
• How to score environmental criteria correctly and avoid superficial or non-compliant wording.
• Evidence required during audits, internal reviews and post-award checks.
• Managing risks where environmental criteria are incomplete or inconsistent

Framework Management – Operating Correctly and Avoiding Missteps

Speaker: Ross McCarthy, MD, Keystone Procurement

• How frameworks and DPS must operate under current rules and guidance
• Maintaining competitive tension within multi-supplier frameworks
• Rotation and cascade systems — when they are compliant and when they create risk
• Reusing or adapting award criteria for mini competitions
• Publishing call-off notices for transparency and audit compliance
• KPI and performance management obligations inside frameworks