Tendering: Keeping score

Nusrat Zar and Rachel Lidgate investigate a recent judicial assessment of a tender evaluation ‘This is the first time that an English court has set aside an authority’s decision to award a contract pursuant to the Public Contracts Regulations 2006.’In Woods Building Services v Milton Keynes Council [2015], the court held that a disappointed bidder …
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Dispute Resolution: Moving the stalls

Jeremy Glover examines the use of expert evidence in procurement disputes The possibility of being able to rely on a detailed expert’s report, dealing with all aspects of the evaluation and out of which a case as to manifest error or unfairness might emerge, would be at least superficially attractive to a claimant. The case …
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Procedure: Procurement: the essentials

Rhiannon Holtham gives an overview of the 2006 Regulations ‘Any organisation embarking on a procurement process that is subject to the Public Contracts Regulations 2006 must comply with the principles of the EC Treaty.’This article provides an introduction to the Public Contracts Regulations 2006 (the Regulations) and summarises the four main procurement procedures that a …
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Procurement: Taking the high road

In the first of a regular feature, Jack Hayward takes a sideways look at the highs and lows of procurement practice ‘Until we see the draft regulations we can only speculate as to how the government proposes to reconcile the desire to promote local interest with the Public Procurement Regulations 2006.’In the late 1990s I …
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Injunctions: In the balance

Ben Rayment discusses the continued application of the American Cynamid principles under the new Public Procurement Remedies Regime ‘Once the applicant for an interim injunction has passed the hurdle of a serious issue to be tried they must also demonstrate that damages would not be an adequate remedy, and, in the event that this is …
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