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Nicholas Greenwood , Kevin Robinson and Richard Ellison examine the use of deferred prosecution agreements in corporate bribery, fraud, and other economic crimes ‘It is clear that DPAs, if utilised properly, could potentially have a significant effect on the enforcement of economic crime, particularly if they prove to be an adequate incentive in practice for …
Continue reading "Legislation: Sword of Damocles"
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Adrian Chamberlain warns of the risks in poor supply chain visibility ‘Centralising supplier data within global communities and on behalf of global industries creates the visibility needed to mitigate supply chain risk.’In the absence of accurate global data on suppliers, buyers are exhibiting ‘blind faith’ in lower tiers of their supply chain. Poor visibility at …
Continue reading "Supply Chains: Weak links"
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Marc Fèvre reviews the recently published national infrastructure plan ‘The NIP has consolidated piecemeal infrastructure policies and projects into a coherent long-term plan. It has been well received as providing certainty as to priorities and opportunities.’The UK government published its fourth national infrastructure plan (NIP) on 4 December 2013, announcing its spending plan for the …
Continue reading "Infrastructure: NIP and tuck"
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John Houlden and Brendan Ryan discuss information sharing in government procurement exercises ‘It goes without saying that the PPN’s potential to generate cost savings and ensure better contractual compliance will be welcome news for procurement managers and taxpayers alike, and it is to be hoped that the rules are accompanied by sensible safeguards to manage …
Continue reading "Procedure: Open government"
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Jack Hayward looks ahead to a challenging year ‘The outsourcing world will see a substantial increase in activity due to the budgetary constraints set some years ago by the Coalition working their way through the system.’ So what does 2014 hold for the world of procurement and outsourcing? From a procurement perspective the implementation of …
Continue reading "Update: A challenging climate"
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Chris Charlesworth discovers what happens when one of the parties in a trading relationship decides to move on. Is the supplier in that situation entitled to compensation? ‘You will have no right to any period of notice unless you have a contract and trying to establish an agreement by conduct is difficult.’It is often said …
Continue reading "Contract: Trading places"
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New higher procurement threshold values to apply across Europe from 1 January 2014. Alistair Maughan investigates. ‘The Commission Regulation (EC) No 1336/2013 has a direct effect in all EU member states, and all EU member states will have to apply the new threshold values to their national procurement rules.’From 1 January 2014, the threshold values …
Continue reading "Legislation: New scores on the doors"
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Beverley Vara and John Dagnall report on a recent case emphasising the importance of mediation ‘A failure to provide reasons for a refusal was unhelpful to the real objective of encouraging the parties to consider and discuss ADR. The court pointed out that discussions between legal advisors and experts at various stages in the litigation …
Continue reading "Mediation: The (not so) cold shoulder"
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Sherree Westell considers at service credits and practical tips for drafting effective terms ‘This article looks at some of the key legal issues associated with the negotiation and drafting of service credits and aims to provide some practical tips for so doing.’Whether concluding a contract for outsourced technology services, software as a service or more …
Continue reading "Contract Management: Credit where credit’s due"
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Alexandra Cross and Al Goodwin review recent developments in shared services arrangements ‘The ECJ has recently distinguished particular aspects of the conditions which trigger the application of public sector “in-house” exemptions in the case of Piepenbrock.’Public sector shared services arrangements are nothing new – in the local authority sector alone, the Local Government Association has …
Continue reading "Services: When ‘in-house’ ends up in the outhouse"
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