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Ruth Smith and Jenny Beresford-Jones review the government’s approach to implementing the new EU procurement directive ‘Generally, the government has adopted a minimalist “copy-out” approach to drafting the regulations; simply “cutting and pasting” the wording of the Directive straight into the regulations.’Readers of this journal will have been keen to hear news of how the …
Continue reading "Legislation: Less is more"
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Jo Rickards and Johanna Walsh take a look at the UK government’s anti-corruption initiatives for 2015 ‘So, going into 2015, prosecutors really have never had it so good. They will have increased human resources to apply to the detection and prosecution of corruption.’Anti-corruption compliance should by now be as entrenched in the thinking of UK …
Continue reading "Corruption: The best of times, the worst of times"
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James Falle and Catherine Haugh consider when authorities can or must allow bidders to correct errors in their tenders ‘If a genuinely competitive tender contains a simple clerical error, and that tender is excluded from the competition as a result of that minor error, ultimately the public (and the public purse) will suffer.’Imagine this scenario: …
Continue reading "Tenders: Righting wrongs?"
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Rebecca Rees and Lucy Doran explore the Fastweb case and the repercussions for contracting authorities ‘A voluntary transparency notice in its own right is not a panacea that can be used to correct all breaches or as a method to avoid compliance with the procurement rules’.A European procurement case published in 2014 has whipped away …
Continue reading "Practice: Seeing through the claim: voluntary transparency notices"
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Karen McGill and Robin Fallas report on procurement and the living wage post-Dortmund ‘A number of contracting authorities across the UK have sought to achieve payment of a living wage in public contracts without making payment of the living wage a mandatory requirement.’There has, in recent years, been an increased focus on the extent to …
Continue reading "Employment: Fair rewards"
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Julian Yew and Georgina Hedges outline a recent case of an outgoing supplier being fined for failure to provide accurate employee liability information ‘Any transferring legal liabilities can have a significant impact on the contract price negotiations and/or request for indemnities by the incoming supplier.’ An incoming supplier is entitled to ’employee liability information’ (ELI) …
Continue reading "Outsourcing: Head counts"
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Helen Prandy charts the rise and fall of English common law principles in procurement challenges ‘Certainly those urging the English courts not to lift an automatic suspension relied heavily on the wording of the Remedies Directive and the OCS case.’All in all, 2014 was an interesting year for those involved in procurement disputes, with several …
Continue reading "Dispute Resolution: Time, tide and procurement"
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Sam De Silva reviews the options for intellectual property ownership in outsourcing contracts ‘Service providers often highlight that, in most cases, the customer is not actually “paying for it” – the customer is in practice paying for the service provider’s people’s time, skill and experience, but not a product or the right to cut the …
Continue reading "Intellectual Property: Mind over matter"
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Meg Utterback offers an overview of managing risk and avoiding disputes in global infrastructure projects ‘Host country due diligence is the most valuable investment a foreign contractor can make to mitigate risk and avoid disputes.’The risks faced by investors, owners and contractors on large infrastructure projects in Asia, South America, Africa and other developing nations …
Continue reading "Projects: Risky business"
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Matthew Hall reports on the expansion of competition law litigation in the EU ‘Damages cases and settlements of damages claims are just one facet of this evolving story. There have been several court cases in the UK which demonstrate the breadth of competition law arguments available to parties.’Each time the European Commission (EC) hands down …
Continue reading "Competition Law: Double trouble"
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