Public procurement

Public procurement gone wrong: High Court finds public authority "manipulated" the tender process for its £4 billion contract

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In a landmark ruling in the context of procurement litigation, the High Court has held that the Nuclear Decommissioning Authority ("NDA") "manipulated" and "fudged" its tender process for a nuclear clean up contract worth in excess of £4 billion. The finding may cost the government millions. More …

To challenge or to review – that is the question

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The High Court recently had to consider the above question in the case of Newlyn PLC and London Borough of Waltham Forest which related to a procurement challenge brought by Newlyn PLC (Newlyn) against London Borough of Waltham Forest (LBWF). More …

Can procurement be used to save jobs?

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Against the background of the ongoing Tata steel crisis, could public bodies use procurement to protect jobs in their local economy? More …

ECJ puts brakes on public sector collaboration arrangements

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In 2009, the European Court of Justice held that cooperation between local authorities with the aim of ensuring that a public task that they all have to perform is carried out, is not subject to the public procurement regime provided that no private services provider is placed in a position of advantage. More …

Beware of Light Touch – it may trap the unwary!

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The new Directive on Public Procurement (articles 74-77) left considerable flexibility for the EU Member states to implement “national rules” around the procurement of what the Directive refers to as “social and other specific services”. More …

New Threshold Limits for 2014

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The adjusted thresholds to apply from 1 January 2014 to 31 December 2015 are reproduced at the end of this briefing. The values are marginally reduced which the Cabinet Office advises are due to exchange control fluctuations over the last two years. More …

New guidance on when Courts will stop contract awards

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A recent case has highlighted the risks of challenge to major and complex procurements and provided an insight into when Courts will intervene to stop contracts being awarded. More …

New Procurement Directive

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On 5 September 2013, the public procurement reform package (which includes new directives on Public Procurement, Utilities and Concessions) was formally endorsed by the Internal Market Committee. More …

Public Sector Equality Duty survives review - but must be used more proportionately

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A Steering Group set up by the Home Office has recommended that the Public Sector Equality Duty under the Equality Act 2010 should remain and not be reformed, but in the field of procurement, contracting authorities should use it more proportionately. More …

Progress on the new procurement directive

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On 25 July 2013 the Cabinet Office published a Procurement Policy Note (PPN) in which they confirmed that a package of three procurement directives had been provisionally agreed. More …