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Dr Sam De Silva reviews the uses of benchmarking Lack of the comparability in the benchmarking is probably the largest source of criticism and dispute in the benchmark process. In the technology industry, where standards of quality tend to rise and costs continuously decline, companies that outsource often seek assurances that market prices and service …
Continue reading "Contracting: Setting the standard"
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Al Goodwin considers how a new approach to integrated commissioning might affect current UK procurement law and practice Moving beyond purely legal considerations, the sheer novelty of the Integrator Model poses problems for procurement teams tasked with setting up such a model. As we head (slightly damply) into 2013, new year’s resolutions possibly already crumbling, …
Continue reading "Practice: Great to integrate?"
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Angus Walker reports on the progress of the Growth and Infrastructure Bill Getting rid of the worst application of SPP is an important improvement and adding flexibility to include other projects is a welcome endorsement of the regime. On 18 October 2012, the government took the first step towards implementing the planning reforms announced in …
Continue reading "Planning: Cunning plans"
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In the first of a two-part article, Kat Souter and Ruth Smith discuss frameworks and their role in procurement there are limits on the extent to which a supplier can be permitted to ‘supplement’ its original tender, and care should be taken to avoid this distorting competition or resulting in substantial changes to the framework’s …
Continue reading "Framework Agreements: You’ve been framed"
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Al Goodwin discusses the impact of the Community Right to Challenge under the Localism Act 2011 For relevant authorities the key message is to be proactive, thus taking as much control of the process as possible.Wednesday, 27 June 2012: Wimbledon is in full swing, with Heather Watson becoming the first British woman to make it …
Continue reading "Practice: A challenging right"
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Siobhan Jones and Clare Arthurs assess the lessons to be learned from Scottish Widows v BGC International The courts cannot rewrite contracts simply because the parties failed to consider a particular eventuality or to provide for a particular circumstance, such as a falling rather than rising rental market.There is no such thing as the perfect …
Continue reading "Contract: The only way is up?"
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Jack Hayward reports on recent unrest in the procurement arena In the Commission’s view, these provisions go beyond the exhaustive catalogue of acceptable grounds for exclusion for reasons relating to the professional qualities of a contractorReaders may remember my comments in the last edition about the G4S shambles at the Olympics. Hot on the heels …
Continue reading "Update: Pen pushing"
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Peter Jansen reviews the remedies arising from errors in tender assessments EU Directive 2004/18/EC requires authorities in awarding contracts to ‘treat economic operators equally and non-discriminatorily and shall act in a transparent way’. This is enacted in English law by reg 4(1) of The Public Contracts Regulations 2006.The recent threat of judicial review on the …
Continue reading "Tendering: Train of (Virgin) thought"
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Dr Sam De Silva considers the apportionment of compliance costs Both the service provider and the customer need clarity over what needs to be done and who is in the best position to do it. Both want a fair and balanced allocation of current and future costs.’Laws often evolve during a long term outsourcing relationship, …
Continue reading "Changes In Law: Moving the goalposts"
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Glenn Fletcher offers an overview on the European Commission’s proposals to change the application of the Procurement Directives to services contracts If enacted as drafted, the changes will bring more contracts under the full European procurement rules and this will certainly reduce the options available to purchasers for services currently subject to part B obligations.In …
Continue reading "Legislation: Moving service"
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