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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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