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Marian Ang and Dr Sam De Silva review recent guidance on cloud computing and outsourcing ‘The Cloud Guidance is non-binding in nature and intended to help regulated firms when procuring computing solutions to implement cloud services.’Cloud computing has seen huge uptake by companies across all industries over the past decade. The cloud offers possibilities for …
Continue reading "IT: Head in the clouds and feet on the ground"
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Stephanie Rickard and Punim Anda examine a recent decision on the classification of public works contracts ‘FDL claimed that WBC’s decision to deliberately avoid having to comply with public procurement legislation was irrational as it was based on advice that it would receive a more positive response from the market by running a non-regulated tender …
Continue reading "Drafting: No publicity"
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In the first of two articles, Chris Parker, Gregg Rowan and Nick Pantlin help readers to navigate obligations of good faith in commercial contracts ‘In general, a duty of good faith, whether express or implied, will not require a party entirely to subvert its own commercial interests to those of the counterparty, or to give …
Continue reading "Contract: Keeping the faith"
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Katherine Souter considers a recent decision on the impact of Reg 72 ‘The court decided that an amendment of a contract consisting of a reduction in its scope may result in the contract being brought within reach of a greater number of economic operators.’Regulation 72 of the Public Contracts Regulations 2015 (PCR 2015) sets out …
Continue reading "Regulation: It’s good to talk (less)"
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Simon Jones sets out a more flexible approach to outsourcing ‘The contracts which the government enters into with suppliers when services are outsourced must also be able to flex easily as new ways of doing things are developed.’ Typically, outsourcing projects take a long time to procure and deliver. This can be bad news for …
Continue reading "Project Management: All change"
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Peter Kershaw identifies the key areas for public sector collaboration in maximising development and land disposal opportunities ‘We are now seeing strategic partnerships of local authorities working together across their previously traditional and restrictive political boundaries as well as individual local authorities striving to deliver major economic development schemes to transform their local economies.’Independent estimates …
Continue reading "Planning: Brownfield bonanza"
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Patrick Parkin and Premila Patel report on recent updates to Contracts Finder ‘It is uncertain whether a formal procurement challenge could be brought for failing to advertise the opportunity or the award on Contracts Finder.’The Crown Commercial Service has issued updated guidance on the use of Contracts Finder – the government’s online database for public …
Continue reading "Practice: Seek and ye shall find"
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Dr Alexander Csaki and Martin Conrads assess the judgment of the European Court of Justice on ‘open-house contracts’ and its implications for the European procurement market ‘There is no recognisable discrimination of any bidder if the tendering authority clearly sets the terms to accede to an open-house contract in advance and in accordance with the …
Continue reading "European Law: Open house"
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Brian Hitchcock looks at what the EU referendum result means for local government and its supply chain while the UK is putting in place its strategy ‘It is likely that the UK will remain subject to some form of open competition and public procurement regulation: not least because the public sector is mandated to provide …
Continue reading "Local Government: Brexit ahead for supply chain"
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Sheridan Treger and Paul Grace examine the condition of the ‘Northern Powerhouse’ concept and what it might mean for promoters of major development in planning terms ‘In light of recent developments, one would now expect the “Northern Powerhouse” to provide a pan-regional dimension to the case for a scheme’s planning benefits.’When informed of a rumour …
Continue reading "Infrastructure: Northern Lights"
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