11 May 2012
John Houlden and Tim Heywood consider the issues facing the public sector in procurement and contract management and the most effective methods for success in this article, first featured in Civil Service World on 28 March 2012.
30 March 2012
In this update we consider new measures introduced by the Cabinet Office to open up public procurement markets to SMEs, analyse a recent judgment of the High Court on the extent to which planning obligations may be subject to the Public Contract Regulations, and round-up significant recent UK and EU policy developments and case-law.
05 March 2012
In this update we touch on a variety of current issues in procurement law including the introduction of new recommendation on the use of PQQs, how suppliers can report incidences of poor procurement practices and our usual round-up of UK and EU case-law.
27 January 2012
In this update we report on two developments which give a boost to the “Big Society” idea that local charities and community organisations will be best placed to deliver certain local services. We also consider an important decision concerning the financing of a privatised company’s pensions and report on a public consultation regarding possible changes to the rules applicable to public assistance for research and development activities.
27 January 2012
On 18 January 2012 Cabinet Office Minister Francis Maude announced important policy changes in Government procurement in the form of a single ‘Lean' model, which will shorten delivery timescales to 120 days for all but the most complex procurements in Government. This Paper pulls together the key messages from these initiatives and suggests some high-level solutions which we believe will help Departments to meet the underlying objectives.
13 January 2012
We have selected our top ten points to watch out for in the Commission’s proposals which were published on 20 December. Whilst the final proposals are not due to be published until the end of 2012, we believe these headline points represent the key issues of which contracting authorities and utilities should be aware.
06 January 2012
In this update we touch on a variety of current issues in procurement law including the role of environmental considerations in public procurement and the shape of public procurement for 2012. We also consider recent UK and EU case law.
28 October 2011
In this update we consider the recent rash of Northern Ireland cases (with some familiar names returning) on transparency of criteria. We also have another look at wider EU developments and UK procurement policy initiatives.
28 October 2011
As both central and local government strive to put in place models that will secure greater procurement efficiencies and improved public services, it is timely to revisit the benefits (and pitfalls) of framework agreements.
16 September 2011
Government amendments to the Public Contracts Regulations 2006 (PCR); Utilities Contracts Regulations 2006 and the Defence and Security Public Contracts Regulations 2011 (the "Regulations").
10 August 2011
This briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
21 July 2011
Ongoing litigation concerning the procurement by Eurostar of new rolling stock from Siemens, rather than the supplier of its existing fleet Alstom, is continuing to clarify the law on procurement remedies. In a judgment on 13 July 2011 Mann J has clarified the rules on ‘ineffectiveness’ under the recently amended Utilities Contracts Regulations 2006.
09 June 2011
This briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
11 April 2011
Download this PDF to read more about how our Procurement team can help you.
25 February 2011
_WinThis briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
30 November 2010
The Court of Appeal has given its judgement in the case of Veolia v Nottinghamshire CC. The Court, reversing the earlier decision of the Administrative Court, held that commercially sensitive information handed over to the Council was protected from disclosure.
26 August 2010
This briefing provides an update on the most recent developments in procurement law and provides practical guidance to help your organisation, whether you operate in the public or the private sector.
28 April 2010
The recent decision of the European Court of Justice in the Muller case provides useful guidance for developers and local authorities alike on when a development amounts to a “public works contract” for the purposes of the requirement to tender under EU procurement rules.
15 February 2010
This briefing note sets out 10 key facts you need to know about the implementation of the Remedies Directive. It gives guidance on how a contracting authority can mitigate its risk and how the Remedies Directive puts a contractor in a better position to bring a procurement challenge. It also considers the implications of the recent case of Uniplex relating to the time limits for bringing a procurement challenge under the Remedies Directive.
27 November 2009
On 1 December 2009 the controversial Treaty of Lisbon ("the Treaty") will enter into force. With a view to 'taking Europe into the 21st century' the Treaty will introduce arguably the most significant changes to the policies, powers and structure of the European Union since the Maastricht Treaty in 1992.
09 November 2009
The long awaited guidance from the OGC on the application of public procurement rules to development agreements was published on 16 October against the background of a number of significant decisions by the European Commission and the European Court of Justice, most recently Commission v Germany dated 29 October 2009. This briefing provides an overview of the principles set out in the decisions and comments on the OGC guidance.
16 March 2009
An update on evaluation criteria and the relative weightings in procurement. Key issues from McLaughlin and Harvey Limited v Department of Finance and Personnel.
08 August 2008
05 April 2007
It is just over a year since the new procurement regime came into force1. The reforms included some significant developments, and now is a good time to take stock of how the changes have bedded in and some of the issues that remain unresolved.
04 April 2007
On 31 January 2006 the old, familiar procurement regime was replaced with a new regime, implementing the new Public Sector and Utilities Procurement Directives. This is the most significant change in procurement law for over a decade and will affect contract awards by both public bodies and utilities.