This category can only be viewed by members.
Katherine Souterconsiders the efficacy of pre-procurement market testing given the reams of regulation and tales of woe in the courts over non-compliance with the Regulations, contracting authorities are often understandably wary of the extent to which pre-procurement market testing is permitted.Can a contracting authority carry out pre-procurement market testing? Yes it can – as long …
Continue reading "Markets: A toe in the water"
This post is only available to members.
Paul Pughlooks at the future of Social Impact Bonds Under the contract, investors will see a return so long as there is a measured reduction in reconviction events of 7.5% relative to the experience of control group of short-sentence prisoners in the UK.There remains a buzz about Social Impact Bonds (SIB), especially in political circles, …
Continue reading "Funding: Paying the price of change"
This post is only available to members.
Jonathan Parker discusses the use of shared services It appears that plans set out in Civil Service Reform Plan of June 2012 that shared services “become the norm” will be welcome relief to some. Unfortunately, proposed changes to the EU procurement regime may complicate the realisation of these aims.Shared services are similar to a collaboration …
Continue reading "Services: One for me, none for you…"
This post is only available to members.
Jack Hayward reports on a rather contentious time in procurement practice ‘For those involved in the outsourcing of public services, particularly to mutuals and staff buyouts, funding has always been an issue. The government has made much of social impact bonds but provided very little meat on the bones.’I have spent the past few months …
Continue reading "Update: Have a care"
This post is only available to members.
Clare Arthurs discusses the use of disclosure in the procurement process ‘The courts understand that the balance of power is skewed in favour of the public authority during the procurement process, and will seek to help redress this balance where necessary.’The end of a procurement exercise is inevitably a disappointing time for every bidder bar …
Continue reading "Tendering: Nowhere to hide? Specific and pre-action disclosure in public procurement"
This post is only available to members.
Uddalak Datta considers the implications of Pressetext on corporate transactions ‘The decision in Pressetext provides that amendments to the provisions of a public contract during the currency of the contract may constitute the award of a new contract when they are materially different in character from the original contract.’Following the decision of the CJEU, in …
Continue reading "Commercial: Taking stocks"
This post is only available to members.
Dr Sam De Silva reviews best practice for business continuity and disaster recovery schedules in outsourcing contracts ‘There should be an obligation on the service provider to review part or all of the business continuity plan (and the risk analysis on which it is based) on a regular basis.’Business disruptions, whether the result of natural …
Continue reading "Outsourcing: The show must go on"
This post is only available to members.
Kevin Calder assesses the potential pitfalls in standstill letters ‘The intended purpose of the letters, and the subsequent mandatory standstill period, is to ensure that bidders have sufficient information and time to review the award decision.’The concept of a standstill letter goes back to 1999, and a court decision known as the Alcatel case. That …
Continue reading "Procedure: Doing standstill by the letter"
This post is only available to members.
Martin Vincent examines the thorny issue of student loans and university funding ‘The reliance on the provision of loans to students by the SLC bridges funding gaps and generates income for universities, but brings into question the status of universities as “contracting authorities” for the purpose of the Public Contract Regulations 2006.’The current economic climate …
Continue reading "Education: Free for all"
This post is only available to members.
Al Goodwin and Amira Alyamani consider the role and importance of SMEs in procurement ‘Any procurement that engages public procurement law will almost certainly have to contend with the EU Treaty principles concerning transparency, equal treatment and non-discrimination (in particular).’According to the Department for Business, Innovation and Skills figures, at the start of 2012 there …
Continue reading "SMEs: Size matters"
This post is only available to members.
