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Public Procurement - Legal Updates

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Feb
21
2017

Public Procurement: Challenging the Tender Documents
#Public Procurement

Useful guidance has been given by the courts on the management of procurement challenges where the complaint relates to the tender documents themselves....

Nov
03
2016

Top Tips for Making Clarification Questions Work For You
#Public Procurement

Clarification questions are an integral part of any procurement process. Do not be afraid of submitting them – it is better to raise a question (even if it then means that your competitors get the benefit of the responses provided) than to make an incorrect assumption about what the contracting authority wants....

Jul
12
2016

Public Procurement after Brexit – what next?
#Public Procurement

Public procurement is one of the areas of UK law most exposed to the consequences of the UK’s decision to leave the EU. ...

Apr
12
2016

Media storm over British Medals contract awarded to French company
#Public Procurement

It is not often that public procurement contract awards are debated in Parliament or grab the headlines, but that is exactly what happened after the recent decision by the Cabinet office to appoint the French medal manufacturer, Arthus-Betrand, to a framework agreement for the “supply of medals and insignia which are presented by, or on behalf of The Queen, at various times throughout the year”....

Jan
05
2016

Public procurement: does an unsuccessful bidder have to issue proceedings within the 10 day standstill period?
#Public Procurement

Those involved in public tenders will be familiar with the requirement that a mandatory ten day “standstill period” must follow all contract awards, during which the contracting authority is not allowed to enter into a contract with the successful bidder. The purpose of the standstill period is to enable unsuccessful bidders to review and digest the award notification letter and any other debrief materials provided by the contracting authority, and determine whether they have any grounds on which to challenge the outcome of the tender....

Jan
04
2016

New public procurement thresholds
#Public Procurement

New thresholds for contracts governed by the Public Contracts Regulations 2015 came into force on 1 January 2016. The Regulations only apply where the estimated value of the contract (not including VAT) exceeds the published threshold. ...

Dec
10
2015

Public procurement: can bidders who refuse to pay minimum wage be excluded?
#Public Procurement #Dispute Resolution #Outsourcing & Supply Chain

In the recent case of RegioPost GmbH v Stadt Landau in der Pfalz, the European Court of Justice has decided that excluding a bidder from a tender who had failed to complete a declaration confirming that it would pay minimum wage to its workers did not constitute a breach of European public procurement law. ...

Nov
25
2015

Incorporating best practice in the procurement process
#Public Procurement

Countries within the Commonwealth are subject to a diversity of legal frameworks, rules and regulations. Certain organisations (such as central and local government) based in countries within the European Union (“EU”) are subject to stringent legislation in terms of how a public contract should be procured. For organisations based outside of the EU, the legal framework may be less specific and thought therefore needs to be given as to the process adopted for procuring a public contract....

Nov
11
2015

Marking of Public Tenders criticised by Court
#Public Procurement #Dispute Resolution

One of the most interesting procurement decisions to come out of the court in recent months is that of Woods Building Services v Milton Keynes Council. ...

Sep
28
2015

Contracting authorities: check your specifications
#Public Procurement #Outsourcing & Supply Chain

A recent case before the European Court of Justice has underlined the need for contracting authorities to carefully check contract specifications before publishing tenders....

Sep
15
2015

Update on the Public Contracts Regulations 2015
#Public Procurement

On 26th February 2015 the Public Contracts Regulations 2015 (SI 2015/102) (“the Regulations”) were published. They implemented the EU Public Sector Procurement Directive 2014/24/EU which was brought in with the intention of simplifying the existing regime, providing additional flexibility for contracting authorities, and codifying recent European case law. ...

Aug
21
2015

Northern Ireland: new approach to lifting the suspension?
#Public Procurement

In a recent decision, the Northern Irish High Court has lifted the automatic suspension in a procurement challenge brought by Allpay against the Northern Ireland Housing Executive. This is interesting because in recent years the Northern Irish courts have appeared to adopt a more contractor-friendly approach to applications to lift the suspension, unlike the English courts where upholding the suspension is rare. However, the facts of the particular decision go some way to explain why the court decided against the contractor in this instance....

Jul
10
2015

Challenge to procurement process brought more than a year after the event
#Public Procurement

The recent case of Medicure v Minister for the Cabinet Office was unusual in two key respects. First, it involved a challenge to a procurement process which was brought some seventeen months after the framework agreement had been concluded. Further, the claimant company bringing the challenge had in fact been successful in obtaining a place on the framework....

May
26
2015

Public procurement: a reminder of the importance of record-keeping
#Public Procurement

A recent High Court decision has emphasised the importance to contracting authorities of creating a clear document trail when evaluating tenders in accordance with the Public Contracts Regulations 2015....

Feb
10
2015

Costs awarded to the successful tenderer who supported a public body’s application to lift the automatic suspension on the award of the contract
#Public Procurement

In the recent case of Group M UK Ltd v Cabinet Office [2014] EWHC 3863 (TCC), the High Court awarded a successful tenderer its costs of participating in the Cabinet Office’s successful application to lift the automatic suspension on the award of the contract....

Nov
26
2013

Public procurement: lifting the automatic suspension
#Public Procurement

Prior to the introduction of the Remedies Directive, an unsuccessful contractor who decided to bring proceedings against a contracting authority could not prevent the authority from entering into the contract with the winning bidder unless he also applied for an injunction. If he did not obtain an injunction, his only remedy was damages...

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