Sat11182017

Last updateTue, 24 Feb 2015 5pm

Fran Mussellwhite explores the principles behind the submission of supplementary information after the deadline for bid submissions

A series of recent European cases have focused on the tricky issue of when a contracting authority may accept supplementary information from a bidder after the expiry of the bid submission deadline in order to clarify its bid.

Kerri Crossen, Jean-Anne Young and Patrick Kane examine confidentiality in Irish public procurement proceedings

The Technology and Construction Court, one of the Senior Courts of England and Wales that regularly hears complex public procurement cases, has issued new guidance (the guidance note) on how public procurement claims should be managed both prior to the commencement of litigation and after the commencement of litigation. This article will examine its effect for Irish practitioners.

James Parker and Clare Eccles consider the future of infrastructure planning

The 2010-15 Conservative-Liberal Democrat coalition government presided over what, in hindsight, could be heralded a ‘golden era’ for infrastructure planning in the UK. Helmed by Prime Minister David Cameron and Chancellor George Osborne, UK government support for the infrastructure sector seemed to be a fast rising stock. However, since Theresa May came to power in 2016, the impetus for infrastructure planning in the UK seems to have waned with the spotlight and political focus appearing to shift away from the sector. Not a great surprise given the ‘B’ word which fills most column inches. And we no longer mean ‘Boris’.

Nathan Curtis, Dan Ballard and Ed Hobbs outline the key factors in relation to financing battery storage projects

Based on our experience working on one of the first UK battery storage project financings, we look at what should be considered in projects of this type.

Chris Hoyle highlights the practice of preliminary market consultations

It is a truth universally acknowledged, that a public-sector body in possession of a good budget must be in want of a decent supplier. How then should they overcome their prejudices in order to find a supplier who can provide them with the best value-for-money solution to meet their requirements? To test the truth of that dictum, and with thanks to Jane Austen, I’d like to focus on the search for a ‘good wife’ and specifically consider the practice of preliminary market consultations. My starting point is Reg 40 of the Public Contracts Regulations 2015 (PCR 2015).

Sapna Garg reports on developments in the oral amendment of contracts

A noteworthy trend at both High Court and Court of Appeal level has emerged recently, such that even where the parties’ written agreement includes a clause providing that variations must be in writing and signed, they may nevertheless later agree new terms in an informal manner. This string of decisions dilutes the primary objective of such ‘anti-oral-variation’ clauses, which aim to increase the level of certainty over what has been agreed by preventing the parties from binding themselves at a later date by informal methods (eg orally, by email, by their conduct). By adopting this approach, the courts have firmly placed the importance of upholding the parties’ original agreement a rung below the traditional English law principle that parties should remain free to agree terms (and at liberty to subsequently vary those terms).

Jorren Knibbe concludes his review of some noteworthy decisions of the UK and European courts

Part one: 'The best of times, the worst of times', POJ38

This year has seen the courts consider a number of cases that afford the practitioner useful guidance in key areas of concern, ranging from disclosure to bidding practice and discrimination. In this second part of my overview of these cases, a number of key practice points are considered.

Melanie Pears and Tim Care take a look at the recently published Supplier Code of Conduct

The Supplier Code of Conduct has been introduced by the government with the intention of helping suppliers understand the standards expected of them when they are contracting with the government. It is centred on the idea that suppliers are an extension of government business and taxpayers expect the government to ensure that suppliers act fairly and ethically. Accordingly, the code exists so suppliers can understand the behaviours that are expected when they work with the government. Ultimately, the overall objective of the code is to encourage improved performance throughout government supply chains.

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