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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 Haywardcontinues his round up of the high (and low) lights in the procurement arena The defendant council formed the view that the Note constituted a qualification or caveat (which was not permitted under the Invitation to Tender) and that the bid should, therefore, be rejected on that basis.I was having a drink one evening …
Continue reading "Update: Security services"
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Paul Young examines the implications of the Green Deal It is clear that the Green Deal is likely to face challenges, mainly in relation to creating a product that is both attractive to the consumers and providers while not requiring such a significant level of subsidy from the government.As 2013 approaches we will begin to …
Continue reading "Utilities: Greenbacks"
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Jack Haywardreports on a typically busy few weeks in procurement It is important to remember that the European Institutions are not subject to the Procurement Directives and have their own Financial Regulations.I recently advised a contracting authority on a tender for the supply of management consultancy services to implement a change programme. As many readers …
Continue reading "Update: The proof of the pudding"
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Dr Sam De Silva reviews the utility of step-in rights If the service provider is prepared to agree to step-in rights, it will most likely want to minimise the financial impact and delivery risks that arise when another party takes control.This article focuses on one aspect of outsourcing arrangements, which can be quite contentious, namely …
Continue reading "Contract: A quick two step"
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Kevin Calder summarises potential mechanisms to shorten the procurement process Where the public body has carried out pre-procurement market engagement and has concluded that there are a relatively limited number of suppliers for the relevant product or service, the open procedure can be used effectively for a more complex procurement.In the modern world, it can …
Continue reading "Tendering: In a hurry"
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Tim Heywood and Patrick Parkin assess the significance of SMEs in procurement policy while a contracting authority is not prohibited from using multiple contracts for a single requirement, it may not do so when the intention is to ensure a contract value is below the threshold at which the procurement directives apply.Here in the UK, …
Continue reading "Policy: Big Society, small players"
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Julie Scottoanalyses the first steps of the Green Investment Bank Once established, the bank is meant to operate at arm’s length from the government despite the government being the sole shareholder.Speaking at the world energy ministers’ climate summit in London in late April, David Cameron said: When I became Prime Minister, I said that Britain …
Continue reading "Finance: Banking on the future"
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Kirsty Neilsonlooks at new initiatives in funding Crowdfunding platforms ensure that the funds are not released prior to the target amount being reached, and if the target is not achieved in the set time limit (typically between 45-60 days) then the amounts are returned to each funder.Crowdfunding is not a particularly new concept, yet it …
Continue reading "Funding: The growing crowd"
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