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Last updateTue, 24 Feb 2015 5pm

Louise Mansfield reports on convicted suppliers ‘self-cleaning’ previous bad behaviour

The Public Contracts Directive 2014/24/EC (the 2014 Directive), superseding the Public Contracts Directive 2004/18/EC, sets out the legal framework for public procurement when contracting authorities seek to acquire supplies, services or works (eg civil engineering or building). The intention is that procurement rules become simpler and more flexible. Despite the 2014 Directive not requiring transposition into member states’ law until April 2016, the UK prioritised the implementation through the Public Contracts Regulations 2015, which came into force on 26 February 2015 (with some exceptions).

Stephen Wisking, Kim Dietzel and Molly Herron provide an overview of the new UK competition litigation regime

On 1 October 2015 the Consumer Rights Act 2015 (CRA 2015) came into force, putting into effect a major overhaul of the competition litigation regime in the UK.

Jenny Beresford-Jones and Sarah Hodgson consider the new rules relating to publication of procurement documents

One of the most common questions asked since the publication of the Public Contracts Regulations 2015 (PCR 2015) is: ‘Do we really need to have all the procurement documents ready “up front”?’

Graeme Young looks at the recent consultation on the remedies regime

The European Commission recently concluded a public consultation on the effectiveness of the EU Directive 2006/77 (the 2007 Directive). The consultation is part of a now long-overdue review of the effectiveness of the EU procurement remedies regime. With the approach to review procedures for procurement challenges differing significantly from one EU country to another, the review is likely to put the spotlight on some of the deficiencies of the current remedies regime as it applies in the UK. This article looks at the review and its potential implications for the remedies system as currently provided for in the UK.

James Parker evaluates the government’s recent report on productivity

How the UK plans and delivers its infrastructure development is crucial to making sure the country gets what it needs. This article explores the latest developments further to the government’s productivity plan.

Dr Sam De Silva considers the reasons for renegotiating outsourcing contracts

There are many reasons why a customer may seek to renegotiate an outsourcing contract, such as:

Juli Lau examines the pitfalls of standard terms and conditions

Exclusion and limitation clauses often feature among the key issues in commercial contract negotiations, because they have the effect of setting the parameters on how much, in actual money terms, is at risk in the event of a breach of contract. Similarly, the absence of any exclusion or limitation clauses might put significant sums ‘up for grabs’ in the event of alleged contractual breaches.

Patrick Parkin and John Houlden have news on the enforcement of framework agreements

Public authorities commonly use framework agreements to put in place a roster of preferred suppliers from whom they can quickly call off supplies or services when they arise. Frameworks can be set up for use by a number of different public authorities (eg groups of local authorities) by one entity, cutting down the need for each to procure similar requirements in parallel. When one of those authorities subsequently uses the framework, any challenges to fairness are likely to be focused principally on the call-off process. However, in principle they would also relate to the framework itself.