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Public Procurement - Legal Updates

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Nov
18
2020

Urgent procurement in a pandemic
#Public Procurement

Depending on the value and size of the contract, a typical procurement run in accordance with the requirements of the Public Contracts Regulations 2015 can take anything from a few months to more than a year to conclude....

Nov
11
2020

Procurement thresholds post 31 December 2020
#Public Procurement #Brexit

The new Public Procurement (Amendment etc) (EU Exit) Regulations 2020 are currently working their way through Parliament and due to come into force at 11pm on 31 December 2020, the moment Brexit becomes a legal reality....

Nov
11
2020

How will Brexit affect existing tenders and public contracts?
#Public Procurement #Brexit

Whilst the EU and the UK may have set 11pm on 31 December 2020 as the date when the UK’s exit from the EU is complete, public tenders and the award of public contracts generally don’t work to such specific timetables....

Nov
10
2020

Public Procurement – What happens after Brexit?
#Public Procurement #Brexit

It seems a long time ago we were being told during the Brexit referendum that leaving the EU would save us £1.6 billion a year in procurement costs. Since then the UK has left the EU but still remains signed up to the EU procurement rules until 11pm on 31 December 2020. What happens next depends in part on the outcome of the EU/UK trade negotiations but also on the broader question of how the UK wants to run public procurement....

Oct
12
2020

Important procurement announcement for International Trade
#Public Procurement #Brexit

In welcome news for UK businesses who bid for overseas government contracts, the UK government has negotiated for the UK to continue as a party to the WTO’s Government Procurement Agreement (GPA) from 1 January 2021 as an independent country....

Oct
09
2020

New Public Procurement rules to help communities recover from COVID-19
#Public Procurement

The Government announced new public procurement rules on 24 September 2020 requiring Central Government buyers to evaluate the “social value” of bids when tendering for public contracts (Public Policy Notice 06/20). ...

Jun
29
2020

Rail Franchise Litigation: Department for Transport did not Breach EU Law
#Dispute Resolution #Public Procurement

The High Court has handed down judgment in the long-running rail franchise litigation brought against the Department for Transport by a number of railway operators including Virgin Trains, ...

Jun
09
2020

Delaying Challenging a Public Tender Award – Don’t Lose Your Rights!
#Public Procurement

Timing is critical to the success of a challenge to a public tender. Typically, an unsuccessful bidder will receive a letter from the contracting body notifying them that they have not won the tender, what their scores were and what the scores of the successful bidder(s) were. ...

May
05
2020

Procurement Policy Note 02/20: Supplier relief
#Public Procurement

Last month the Crown Commercial Service published its second PPN addressing the Covid-19 pandemic......

Mar
18
2020

Public procurement and Coronavirus
#Public Procurement

Public bodies and bidders will be familiar with the requirements of the Public Contracts Regulations 2015, which impose obligations in respect of the advertisement of public contracts over the financial thresholds, the conduct of the tender and the award of the contract......

Jun
07
2019

Public procurement: does abandoning a tender defeat a bidder’s claim?
#Public Procurement #Dispute Resolution

Under the Public Contracts Regulations 2015, bidders who are successful in establishing that a public body has breached its duties in the running of a regulated tender are entitled to recover damages. Other remedies may also be available, depending on whether a contract has been entered into or not by the public body....

May
14
2019

Cross-Channel ferries: expensive procurement lessons to be learned
#Public Procurement

Last week it was reported that the Department for Transport was cancelling two contracts to provide cross-Channel ferry services it hastily entered into in January, in anticipation of a no-deal Brexit. The cancellation of the contracts is expected to cost more than £50million....

Mar
12
2019

Court’s words of warning to Public Bodies
#Public Procurement

Last week saw the broadcast of Clarkslegal’s annual Public Procurement Update webinar. Over 200 procurement specialists signed up to watch this well-received event which will be followed up later in the year by our popular webinar on “Challenging Procurement Awards”....

Jan
08
2019

Post-Brexit public procurement arrangements
#Public Procurement

The government has published its draft Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 which are intended to come into force on exit day. The draft Regulations are based on the assumption that the UK will become party to the World Trade Organisation’s Government Procurement Agreement (GPA) in its own right – currently the UK is only party to the GPA in its capacity as an EU member state. ...

Nov
27
2018

Public procurement and development agreements
#Public Procurement

The Court of Appeal has handed down its judgment in the case of R (Faraday) v West Berkshire Council [2018] EWCA Civ 2532, which has important consequences for local authorities and developers entering into development agreements. ...

Oct
09
2018

Public procurement: what does cross-border interest mean?
#Public Procurement

We are often consulted by clients wishing to challenge the outcome of tenders which are not governed by the Public Contracts Regulations 2015, Concession Contracts Regulations 2016 or Utilities Contracts Regulations 2016, usually because the value of the tender is not high enough to meet the financial thresholds over which the Regulations apply. It is sometimes still possible to challenge the outcome of a below-threshold tender, if it can be shown that there was, or would have been, cross-border interest in the contract. In that case, general EU Treaty principles of transparency, proportionality and non-discrimination will still apply to the conduct of the tender, and a challenge may be possible if it can be shown that the public body has breached one of these principles....

Jun
26
2018

Challenging a procurement award: what are the possible outcomes?
#Public Procurement

Losing a tender is never a welcome experience, especially when significant time and money has been expended on preparing your bid. In some cases, there may be good reasons to challenge the outcome legally. But what are the possible outcomes of challenging the award of a public contract? ...

Jun
20
2018

Clarkslegal wins Strike Out Application following new Contract Law ruling
#Dispute Resolution #Commercial #Public Procurement

In a hugely significant judgment for businesses, the Supreme Court has tightened the flexibility traditionally enjoyed by contracting parties to vary the terms of their contracts (Rock Advertising Ltd v MWB Business Exchange 2018)....

Mar
29
2018

Passports and procurement
#Public Procurement

Procurement law has featured heavily in the news this week after it was widely reported that the incumbent British supplier had lost the contract for producing the iconic, blue, post-Brexit British passport, which is to be awarded to a French company. ...

Feb
01
2018

Public procurement: will my bid remain confidential?
#Public Procurement

One of the concerns bidders often have when submitting tenders for public contracts is whether other bidders will be able to obtain access to their confidential pricing information and other commercially sensitive information. ...

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