Mon06262017

Last updateTue, 24 Feb 2015 5pm

Chris Hoyle reflects on the potential for economic efficiency in the years ahead

They think it’s all over. Well, it’s only just begun! With apologies to history (1966 and all that) the UK’s eventual exit from membership of the EU offers a once-in-a-lifetime opportunity to introduce greater efficiency into public sector procurement and by doing so to remove the unnecessary ideological baggage that accompanies this area.

Julie-Ann McCaffrey reports on a recent ruling dealing with abnormally low bids

Abnormally low bids have been a subject of conversation for authorities and aggrieved bidders in recent times. While the authority wants to achieve value for money by receiving goods, services or works from a suitably qualified contractor at the best price, it also wants to ensure that the contractor can deliver the contract properly and fulfil the contract at the price quoted.

Rebecca Williams and David Wright assess the impact of a decision on contractual obligations

The recent decision of the Technology and Construction Court in the case of Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd [2016] contains important guidance on fitness-for-purpose obligations, particularly in relation to the offshore wind energy generation industry. The judgment of Edwards-Stuart J should also give parties careful pause for thought when considering entering into agreements to waive their rights to future claims.

Robert Bell delivers the prognosis for public procurement rules after Brexit

Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase ‘Well here’s another nice mess you’ve gotten me into’.

Jamie Walker and Katherine Souter swap notes on the competitive procedure with negotiation under the Public Contracts Regulations 2015

Have you ever tendered a public contract using the restricted procedure and found yourself with ‘clarification creep’ on price or contract terms bordering on the risky and potentially challengeable? Have you ever found yourself wishing you could just accept that revised risk allocation clause because it comes with a reduced price? Or that slightly alternative technical solution? Or that more attractive completion date?

Akin Akinbode and Phil Vickers consider how best to avoid disputes under PF2/PFI contracts

With more PF2 projects ahead, there are lessons to be learnt from recent PFI disputes.

Elizabeth Gibson reports on the scope of the PCR 2015

The High Court has dismissed a challenge by Faraday Development Ltd (FDL) against West Berkshire District Council (WBDC), on the basis that a development agreement fell outside the Public Contracts Regulations 2015 (PCR 2015) (R (Faraday Development Ltd) v West Berkshire Council [2016]). There were two key aspects of FDL’s challenge: whether WBDC had failed to comply with its statutory duty under s123(2) of the Local Government Act 1972; and whether WBDC acted lawfully in deciding that the bid fell outside of the PCR 2015. This article will focus on the second aspect of FDL’s challenge.

Sana Khan explores the need for an opensource software policy

Nowadays, most organisations use opensource software (OSS) somehow, whether it is embedded in an organisation’s own information technology infrastructure or used to provide products and/or services to customers.