This category can only be viewed by members.
Robert Bell reports on a recent decision of the EFTA Court ‘The question before the court was what level of culpability of a contracting authority was necessary for the court to award damages for breach of the public procurement law.’ A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the …
Continue reading "Brexit: Crossing borders"
This post is only available to members.
Sapna Garg considers a ruling on expedited trials ‘The attempt by Joseph Gleave to have the best of both worlds, by keeping its hat in the ring in the procurement process while at the same time pursuing proceedings against the defendant, didn’t succeed.’ Timing was a critical deciding factor in Joseph Gleave & Son Ltd …
Continue reading "Update: More haste, less speed"
This post is only available to members.
James Marshall, Deborah Greenwood, Kenneth Addly and Julia Joseph highlight the Competition and Markets Authority market study into UK heat networks ‘The CMA is particularly concerned that customers may be unable to easily switch suppliers, or may be locked into long-term contracts, with the risk that they may be paying too much or receiving a …
Continue reading "Markets: Can’t take the heat?"
This post is only available to members.
Michael Winder examines a European Commission initiative ‘The Commission wants to help member states improve the skills, knowledge and understanding of buyers to ensure compliance with procurement law and best value for money.’ In the autumn of 2017, the European Commission announced a new procurement initiative aiming to encourage member states to undertake public procurement …
Continue reading "Policy: It’s only money"
This post is only available to members.
Rebecca Williams and Ben Lamble discuss a recent case dealing with disclosure ‘The lesson for prospective claimants is clear: the strict time limits imposed on public procurement claims will be executed robustly in all but the most extreme cases.’ The Technology and Construction Court (the TCC) has recently recognised that public procurement cases, particularly those …
Continue reading "Practice: On the wrong track"
This post is only available to members.
Fran Mussellwhite explores the principles behind the submission of supplementary information after the deadline for bid submissions ‘Negotiation between a contracting authority and a bidder during a procurement is prohibited and as a general rule, a bid cannot be amended after it has been submitted.’ A series of recent European cases have focused on the …
Continue reading "Procedure: Tell me more"
This post is only available to members.
Melanie Pears and Tim Care take a look at the recently published Supplier Code of Conduct ‘Suppliers must treat subcontractors fairly; they must not pass unreasonable levels of risk to the subcontractors who cannot reasonably be expected to manage or carry those risks.’ The Supplier Code of Conduct has been introduced by the government with …
Continue reading "Contracting: Regular supplies"
This post is only available to members.
Jorren Knibbe concludes his review of some noteworthy decisions of the UK and European courts ‘It is not clear from the EU procurement Directives how they are intended to operate where a technical specification is discriminatory but can be justified. In those circumstances, the result under the Directives and under Art 34 ought to be …
Continue reading "Update: Sign of the times"
This post is only available to members.
Sapna Garg reports on developments in the oral amendment of contracts ‘Parties to agreements should now be acutely conscious that informal communications could amount to a valid, enforceable variation of the original agreements entered into even if they are not documented or signed.’ A noteworthy trend at both High Court and Court of Appeal level …
Continue reading "Variations: A slip of the tongue"
This post is only available to members.
Chris Hoyle highlights the practice of preliminary market consultations ‘A general market invitation, perhaps in the form of a prior information notice, followed up by a group consultation is potentially less capable of distorting competition than one-to-one discussions.’ It is a truth universally acknowledged, that a public-sector body in possession of a good budget must …
Continue reading "Practice: Pride, prejudice and procurement"
This post is only available to members.
