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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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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 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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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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Anna Condliffe considers the implications of Unison v NHS Wiltshire Primary Care Trust Civil Procedure Rule 54.5 provides that the claim form in judicial review must be filed promptly and, in any event, not later than three months after the grounds to make the claim first arose.The High Court has rejected an application by the …
Continue reading "Judicial Review: An apple a day"
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Alistair Maughan examines the costs awards in partly successful bidder challenges the court decided that the right approach was to make a proportionate costs order to reflect the extent to which Mears had not been selective in its claims.Despite the liberalisation of the remedies regime, in relation to public procurement over the past three years, …
Continue reading "Costs: The winner won’t take it all"
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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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