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Procurement and Outsourcing Journal: September/October 2011

Rhiannon Holtham gives an overview of the 2006 Regulations

This article provides an introduction to the Public Contracts Regulations 2006 (the Regulations) and summarises the four main procurement procedures that a contracting authority may utilise when awarding a public contract in accordance with the Regulations.

Anna McCaffrey and Neil Maclean examine the relationship between TUPE and outsourcing

The decision to outsource is often dictated by financial considerations, with cost saving usually a major incentive. Other important factors might include innovation in service delivery and improvements in service quality. While employment issues are rarely the primary driver in the decision, they can be of vital importance to the success of the project and should be addressed when the transaction is at an early stage. In this article, we set out the circumstances in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) will apply to an outsourcing and the legal implications if it does.

Jack Hayward

In the first of a regular feature, Jack Hayward takes a sideways look at the highs and lows of procurement practice

In the late 1990s I was re-branded as the head of procurement from being the head of purchasing. At the time I considered it just another of the periodic re-branding exercises so beloved of large corporations. With the benefit of hindsight I can see that was when the transition started from purely ‘buying’ in the public and utilities sector to the regulated purchasing environment in which we operate today. The early nineties had seen the Cechini report on the internal market and the first Directives on Works and Goods for the Public Sector and Utilities. For example, the idea that procurement regulation could impact on property transactions, such as in Roanne and Mueller, would have seemed absurd back then.

Richard Auton assesses the potential impact of staff mutuals

Francis Maude, the Minister for the Cabinet Office, stated in a speech last November announcing a roll out of ‘rights to provide’ for staff in the public sector, and setting up a £10 million pot to help the best fledgling mutuals reach investment readiness, a belief that:

Peter Elliott reviews call-off contracts in framework agreements

The public sector in the UK makes very extensive use of framework agreements. All the signs are that this trend will continue and increase, with the government’s focus on speeding up and reducing the expense of procurement, maximising public sector purchasing power and greater standardisation all pointing to greater use of frameworks and possibly a reduction in providers under frameworks. At the same time, this focus can also encourage government bodies to use current frameworks ever more broadly and imaginatively.

Bristows

Steve Thomas and Hazel Grant consider recent developments in cloud computing

With the continued rise of cloud computing services comes a challenge for procurement teams in customers of cloud service providers: how can a customer contract for a different type of service while retaining the usual contractual protections it would expect? This article will examine the key differences between the common practices in outsourcing and IT services and the still-evolving norms of cloud computing contracts. It will also look at how the differing positions of customers and cloud service providers might be reconciled to the satisfaction of both parties.

Pannone LLP

Simon Pedley and Martin Pennington look at limitation following Uniplex

The changes made to the Public Contracts Regulations 2006 (the Regulations) by The Public Contracts Amendment Regulations 2009 (the 2009 Regulations) have addressed some of the core deficiencies in the remedies that were previously available to aggrieved bidders following a public tender.