This category can only be viewed by members.
Helen Prandy, Jenny Beresford-Jones and Ruth Smith consider the impact of NDA v EnergySolutions ‘On top of the costs of the procurement itself this matter has had a significant impact on the public purse.’ One of the highest profile public procurement challenges brought over the past year is the case of Nuclear Decommissioning Authority v …
Continue reading "Practice: Nuclear power – the gift to procurement lawyers that keeps on giving"
This post is only available to members.
Thomas Webb and Georges-Louis Harang weigh up Anglo/French anti-bribery legislation ‘Sapin II creates inflexible, binding obligations which must be met, under the supervision of an administrative authority, and new offences and penalties in case of any failure.’ The UK Bribery Act 2010 came into force on 1 July 2011, creating for businesses operating in the …
Continue reading "Compliance: Corruption et corruption"
This post is only available to members.
Richard Hough outlines recent judicial guidance on the clarification of tenders ‘To allow a late entry of a key part of the tender submission in order to provide clarification would in effect be a confidential negotiation with one bidder, and a breach of the contracting authority’s duty of equal treatment.’Clarification of tender submissions can be …
Continue reading "Contracting: Is it a bird, is it a plane, no…"
This post is only available to members.
Emily Heard reviews the legal considerations governing price/quality evaluations ‘The guiding principle is that the methodology must identify the most economically advantageous tender. If it does not, there is a risk of challenge.’ In the current economic climate, establishing a price/quality evaluation model that delivers the right level of quality at the best possible price …
Continue reading "Tendering: Pay your money, take your choice"
This post is only available to members.
Peter Kershaw highlights the need for investment planning to address the housing requirements of the disabled and elderly ‘Despite evidence illustrating the need for more housing schemes to cater for disabled residents of all ages, and for the elderly, housing associations’ and local authorities’ consideration of these groups in society still often only tends to …
Continue reading "Housing: Where the heart is"
This post is only available to members.
Chris Hoyle investigates how to manage procurement crises ‘The best cure comes from the most accurate diagnosis. Getting your assessment of the situation right means that you can make the most effective response to a crisis.’The history of the world is littered with failures; some heroic like Dunkirk and others inglorious like Chernobyl. Procurement is …
Continue reading "Management: A ‘state o’ chassis’"
This post is only available to members.
Andrew Ross advises on the use and maintenance of risk registers in NEC3 contracts ‘The risk register does not allocate contractual responsibility for risks between parties. The fact that a risk is, or is not, identified on the risk register does not trigger any contractual consequences.’The NEC3 suite of contracts expressly provide for maintaining a …
Continue reading "Contract Management: Risky business"
This post is only available to members.
Claire King considers the benefits and pitfalls of letters of intent ‘Perhaps the most common argument running through the cases is whether any binding contract has been reached as a result of the letter of intent.’ The use of letters of intent can be fraught with difficulty. In this article I review the key case …
Continue reading "Letters Of Intent: Cautious correspondence"
This post is only available to members.
Stephen Sellers reports on recent case law on the ‘standing’ to apply for judicial review ‘The question of councillors standing for local authorities when bringing judicial review proceedings to procurement cases is ripe for consideration by the Court of Appeal, following the different outcomes in the Gottlieb and Wylde cases.’ In the recent case of …
Continue reading "Judicial Review: Standing tall"
This post is only available to members.
Graeme Young, Caroline Hobson and Ruth Derruau assess a potential Brexit pitfall ‘Where authorities seek to extend contracts and are not able to rely on one of the Reg 72 grounds, they are likely to be acting unlawfully, in breach of UK law.’The Financial Times (FT) recently reported that (10 April 2017): … hundreds of government contracts …
Continue reading "Brexit: (Un)happy endings"
This post is only available to members.
