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Teleperformance Contact Limited vs Secretary of State for the Home Department and VF Worldwide Holding Limited – Automatic suspension lifted following challenge
Teleperformance Contact Ltd v Secretary of State for the Home Department [2023] EWHC 2481 (TCC) (06 October 2023) (bailii.org) In this case the Technology and Construction Court (TCC) has lifted the automatic suspension in a procurement challenge. That challenge arose following a procurement process ran by the Secretary of State for the Home Department (“𝘁𝗵𝗲…
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River Ridge Recycling (Portadown) Ltd and ARC21 – Application for interim injunction dismissed in challenge to DPS call-off for waste contract
River Ridge Recycling (Portadown) Ltd and ARC21 [2023] NIKB 86 | Judiciary NI The case relates to an award of a waste contract by Arc 21 (“𝘁𝗵𝗲 𝗔𝘂𝘁𝗵𝗼𝗿𝗶𝘁𝘆”) using a dynamic purchasing system (DPS). The Authority is a joint committee appointed by six councils (including Belfast City Council) to discharge certain waste related functions. The…
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Challenge under the Subsidy Control Act 2022 – Durham Company Ltd (Trading as Max Recycling) vs Durham County Council
Local authorities and others affected by subsidy control will be interested in the above judgment. 1577/12/13/23 The Durham Company Limited v Durham County Council – Order (Permission to Appeal and Costs) | 11 Oct 2023 (catribunal.org.uk) Durham Company Limited v Durham County Council concerned an alleged subsidy decision made by Durham County Council (the “Council”).…
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Upcoming provider selection regime webinars
NHS commissioning » Upcoming provider selection regime webinars (england.nhs.uk) NHS England have now added a number of dates for the webinars about the Provider Selection Regime. These sessions will be helpful to all NHS and Local Authority Procurement professionals. The Provider Selection Regime Policy Webinar – Knowledge Drop Duration: 1 hour This session is open…
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Academy Trust Handbook 2024
Academy trusts must comply with this handbook as a condition of their funding agreement. It provides an overarching framework for implementation of effective financial management and other controls, consistent with your obligations as publicly funded bodies. Academy Trust Handbook – Guidance – GOV.UK (www.gov.uk)
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Topalsson GmbH v Rolls-Royce Motor Cars Ltd – Lessons for IT and software procurement
Topalsson GmbH v Rolls-Royce Motor Cars Ltd [2023] EWHC 1765 (TCC) (12 July 2023) (bailii.org) In the case of Topalsson v Rolls Royce Motor Cars, the termination of the agreement between Topalsson and Rolls Royce Motor Cars was effectively executed through a second termination notice. The case highlights the precarious nature of entering into a general project development…
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Altiatech v Birmingham City Council – Time limits for a claim
Time limits also came under scrutiny In Altiatech v Birmingham City Council. The defendant authority ended a contract with Altiatech for the provision of cyber security software using a termination for convenience clause. No reasons were given, and a direct award was issued to another provider. Altiatech ultimately brought a claim challenging the award. It…
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Public Procurement Research Group – University of Nottingham
The Public Procurement Research Group (PPRG) is a global leader in research and teaching on public procurement law and policy. We work with governments and international organisations as well as academics, practitioners, students and civil society around the world. Public Procurement Research Group – The University of Nottingham
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Protected: Webinar Recording and Slides 9 October 2023 – PA2023 Update – Framework Agreements
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Subsidy Advice Unit – Competition and Markets Authority
We assist public authorities by providing independent non-binding advice in relation to certain subsidies. Subsidy Advice Unit – GOV.UK (www.gov.uk)
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Protected: Webinar Slides and Recording 25 September 2023 – GDPR and Procurement.
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Court Case – International Game Technology Plc v Gambling Commission [2023] EWHC 1961 – a sub-contractor of an unsuccessful bidder has no standing to challenge a contract award or seek damages
International Game Technology PLC & Ors v Gambling Commission (No. 2 – Consequentials) [2023] EWHC 2226 (TCC) (08 September 2023) (bailii.org) This case held that a sub-contractor of an unsuccessful bidder has no standing to challenge a contract award or seek damages under the Concessions Contracts Regulations 2016 (CCR). The court considered the definition of…
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PPN 09/23: Updates to the Cyber Essentials Scheme
This PPN sets out the actions organisations should take to identify and mitigate cyber threats, along with resources to support implementation. PPN 09/23: Updates to the Cyber Essentials Scheme – GOV.UK (www.gov.uk)
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Protected: Webinar Recording 11 Sep 2023 – Update on New Procurement Act – Transparency & Notices
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Protected: Webinar Slides 11 Sep 2023 – Update on the New Procurement Act
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Court Case – Dukes Bailiffs Ltd v Breckland Council [2023] EWHC 1569 – judicial analysis of what constitutes a ‘concession contract’.
Dukes Bailiffs Ltd v Breckland Council [2023] EWHC 1569 (TCC) (26 June 2023) (bailii.org) Dukes Bailiff challenged a contract award for debt enforcement services under the PCR however Breckland Council successfully argued that the PCR did not apply as the contract was in fact a concession contract. As the value of the contract was below…
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The Defence and Security Public Contracts Regulations 2011
The Defence and Security Public Contracts Regulations 2011 (legislation.gov.uk)
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Court Case – InHealth Intelligence Ltd v NHS England [2023] EWHC 352 – limits to an authority’s discretion to accept late bids
InHealth Intelligence Ltd v NHS England [2022] EWHC 2471 (TCC) (06 October 2022) (bailii.org) InHealth brought a claim against NHS England when it failed to submit its bid before the deadline due to a human error. InHealth uploaded a document to the wrong lot which then led to the bidder being unable to re-upload the…
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COMPETITIVE DIALOGUE AND COMPETITIVE PROCEDURE WITH NEGOTIATION Guidance Note
This note provides high-level guidance for departments on the Competitive Dialogue (CD) and Competitive Procedure with Negotiation (CPN) procurement procedures building on the requirement set out in the Sourcing Playbook under chapter 6. It is a collection of best practice to be used by commercial practitioners in applying these procedures, including avoiding common pitfalls and…
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Public Procurement Theory, Practices and Tools edited by Jolien Grandia and Leentje Volker
“At last! Thanks to six Dutch scholars, educators and trainers in the field of strategic public procurement now have an excellent core textbook to recommend to their students. Over 8 chapters, each with clear learning objectives, the authors cover all ‘the basics’ of public procurement, explaining processes, models and strategies. The real added-value of this…
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Buying procedures and procurement law for schools
How to buy goods, works or services for your school guides will help schools to get value for money and comply with procurement law Buying procedures and procurement law for schools – Guidance – GOV.UK (www.gov.uk)
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The Buying for Schools blog
Buying for Schools (blog.gov.uk) The Buying for Schools blog is run by the Department for Education’s (DfE) Schools Commercial Team to support people who buy for schools and buying decision makers in schools around all those potentially tricky areas of procurement.
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Procurement Policy Note – PPN 013 (PA 2023) Using Standard Contracts
This PPN outlines three standard contracts that may be used by central government departments, their executive agencies and non-departmental public bodies (collectively referred to as ‘in-scope organisations’) when awarding public contracts for goods and or services and or works, other than special regime contracts. These contracts are also available for use by any other public…
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NAO – Lessons learned report – competition in public procurement – 19 July 2023
This report is a useful reminder for us all on what we should be doing to enhance competition in our public procurements. This National Audit Office report examines whether government has mechanisms in place to understand and encourage competition in public procurement, and how government departments can make their use of competition more effective. The…
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An Overview of the Common Assessment Standard for Public Sector Clients
The Common Assessment Standard, developed by Build UK, is the industry-recognised standard for the pre-qualification of suppliers in the construction sector.
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Court Case – Moray Off-Shore Renewable Power Limited v. Bluefloat Energy Holdings Limited [2023] CSOH 29 – claim against other bidders
2023csoh29.pdf (scotcourts.gov.uk) Although the pursuer in this case was unsuccessful, the case highlights that the route for compensation for an unsuccessful bidder in a procurement process is not necessarily restricted to a claim against the body conducting the procurement process. In the right circumstances, there is scope for a claim against other bidders, particularly where…
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Protected: Webinar Video Recording 31 July 2023 – Procurement Fraud
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Protected: Webinar Slides 31 July 2023 – Procurement Fraud
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RISK ALLOCATION AND PRICING APPROACHES GUIDANCE NOTE
This note builds on chapter 8 in the Sourcing Playbook to provide more detailed guidance for departments when they are considering risk allocation in devising the commercial strategy for any contract or outsourcing initiative. Inappropriate or disproportionate risk allocation is recognised widely by government, suppliers and independent bodies (such as the NAO) as one of…
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DELIVERY MODEL ASSESSMENTS GUIDANCE NOTE
This note builds on chapter 3 in the Sourcing Playbook to provide more detailed guidance for departments on carrying out a delivery model assessment in order to decide whether to deliver a service, or part of a service, in-house, procure from the market or adopt a hybrid solution. It is aimed at supporting departments in…
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RESOLUTION PLANNING GUIDANCE NOTE
This Guidance Note follows on from publication of the Sourcing Playbook and Construction Playbook. It explains how Contracting Authorities can reduce the risks of interruption to UK public services arising from Supplier Insolvency by requiring the supplier to provide Resolution Planning Information.
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Protected: Webinar Video Recording 13 July 2023 – Insourcing
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Protected: Webinar Slides 13 July 2023 – Insourcing
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Procurement Bill [HL] publications – Parliamentary Bills – UK Parliament
Link to current draft Procurement Bill and Amendments Procurement Bill [HL] publications – Parliamentary Bills – UK Parliament
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The Infrastructure and Projects Authority’s Guide to PFI Expiry Health Checks
A guide for contracting authorities preparing for a PFI Expiry Health Check undertaken by the Infrastructure and Projects Authority
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The Sourcing Playbook
Government guidance on service delivery, including outsourcing, insourcing, mixed economy sourcing and contracting. The Sourcing Playbook is aimed at Commercial/Procurement, Finance, Project Delivery, Policy, and any professionals across the public sector who are responsible for the planning and delivery of insourcing and outsourcing services. It sets out how we make sourcing decisions, and deliver publicservices…
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NHS Supply Chain
NHS Supply Chain manages the sourcing, delivery and supply of healthcare products, services and food for NHS trusts and healthcare organisations across England and Wales. NHS Supply Chain
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Protected: Webinar Video Recording 26 June 2023 – Benefits & Pitfalls of Framework Agreements
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ASSESSING AND MONITORING THE ECONOMIC AND FINANCIAL STANDING OF BIDDERS AND SUPPLIERS
Assessing and monitoring the economic and financial standing ofsuppliers is about understanding the financial capacity of suppliers toperform a contract in order to safeguard the delivery of public services. This Guidance Note provides advice on how to:● assess the EFS of bidders during a procurement;● monitor the ongoing EFS of suppliers during the life of…
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By how much can you change an existing contract? The answer is not a lot – James Waste Management LLP v Essex County Council
Making changes to existing contracts is common. What is not so common is a challenge in the Courts to such changes. In James Waste Management LLP v Essex County Council it was alleged by James Waste that Essex Council had varied a contract beyond the narrow boundaries permitted by the Public Contracts Regulation 2015 (“PCR…
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Protected: Webinar Slides 26 June 2023 – Benefits & Pitfalls of Framework Agreements
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SHOULD COST MODELLING GUIDANCE NOTE
This Guidance Note provides high-level guidance for contracting authorities on ‘Should Cost Models’ (SCMs), the term used in the Sourcing Playbook and the Construction Playbook to describe whole life cost modelling.
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The new Procurement Bill – Moving from MEAT to MAT – What Does It Mean for Procurement Teams?
There is an ongoing debate among procurement professionals about the change in the New Procurement Bill to the basis of assessing competitive tenders from Most Economically Advantageous Tenders (MEAT) to the Most Advantageous Tenders (MAT). Is there a do-nothing option? At first glance, some of you may say there is little difference. In many cases,…
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Protected: Webinar Recording Video 6 June 2023 – Procurement & Climate Change
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The Aussies and Kiwis are coming …. the Free Trade Agreements with Australia and New Zealand have prompted amendments to current procurement regulations – PPN 05/23: Implementing new Free Trade Agreements.
These changes have been introduced in light of the requirements of the UK’s new Free Trade Agreements with Australia and New Zealand and apply to all public procurement. The main change to current procurement regulations is the removal of the use of the Prior Information Notice for making a call for competition (and the Periodic…
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Protected: Webinar Slides 6 June 2023 – Climate Change & Procurement
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BENEFITS MEASUREMENT Guidance Note
This Guidance Note sets out the four minimum requirements that departmental commercial teams must meet when measuring the realisation of commercial benefits for in-scope procurements.
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Protected: Webinar Recording Video 23 May 2023 – Common Mistakes in Tender Documents
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Protected: Webinar Slides 23 May 2023 – Common Mistakes in Tender Documents
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PPN 02/23 – Tackling Modern Slavery in Government Supply Chains – Guidance
This guide is aimed at procurement and commercial practitioners at all levels who are operating in government but the contents can be applied by any organisation in the public sector. PPN 02/23 – Tackling Modern Slavery in Government Supply Chains – Guidance (HTML) – GOV.UK (www.gov.uk)
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Protected: Webinar Recording Video 27 April 2023 – PPN 03/23: Standard Selection Questionnaire (SQ)
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All change – A new Standard Questionnaire, an extended implementation deadline and further change to follow under the new Procurement Act – PPN 03/23
The Cabinet Office has published PPN 03/23 Standard Selection Questionnaire (SQ) and accompanying statutory guidance. This had initially been effective from 1 April 2023 but this has now been pushed back to 1 June 2023. The SQ was originally introduced in 2016 as a means of standardising the supplier selection process in above threshold procurement…
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Protected: Webinar Slides 27 April 2023 – PPN 03/23 Standard Selection Questionnaire (SQ)
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Protected: Webinar Video Recording 24 April 2023 – Public Procurement – Making Sense of Tender Evaluations (Part 3)
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Historic documents on Procurement and Contract Management
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BID EVALUATION GUIDANCE NOTE
Good practice guidelines aimed at practitioners who areresponsible for designing and running robust bid evaluation processes.
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Protected: Webinar Slides 24 April 2023 – Tender Evaluation (Part 3)
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Are you a contracting authority? – Coventry University says it is whilst Cambridge University claims it is not. What is going on?
I received an interesting question last week concerning UK Universities and why some say they are not contracting authorities and therefore not subject to PCR15 / public procurement law. It is all down to their income streams. If they are financed for the most part (more than 50%) by public funds, then they fall within…
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UK Government Website – Crown Commercial Service glossary for common procurement terms
Glossary – CCS (crowncommercial.gov.uk)
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Protected: Webinar Video Recording 23 March 2023 – KPIs in contracts and the new Procurement Act
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Protected: Webinar Slides 23 March 2023 – KPIs in contracts
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MARKET MANAGEMENT Guidance Note
Market management is about understanding the markets that we source from, recognising our influence on these markets, and designing commercial strategies and contracts that promote healthy markets over the short, medium and long term. Better market management should lead to more competitive markets, fewer situations where we are over reliant on one or two suppliers,…
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A painful lesson – Bromcom Computers Plc v United Learning Trust
With the substantive issues decided by the Courts in favour of Bromcom, the litigation now proceeds to a trial on exactly how much it should receive by way of damages. This hearing is expected to take place later in 2023. The sad truth about this case is that damages and costs could amount to more…
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When is it right to exclude a tender submission? – it is all about the fundamental principles — Capita Business Services Limited v the Common Services Agency for the Scottish Health Service.
We have all seen it before. There hidden in the small print deep in the tender submission is a list of caveats and assumptions that underpin the tenderer’s price. Often these assumptions are a reasonable and necessary part of the process. However sometimes technical and pricing assumptions can be a devious mechanism used by the…
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Are you a contracting authority? – Coventry University says it is whilst Cambridge University claims it is not. What is going on? — The Queen v H.M. Treasury, ex parte The University of Cambridge.
I received an interesting question last week concerning UK Universities and why some say they are not contracting authorities and therefore not subject to PCR15 / public procurement law. It is all down to their income streams. If they are financed for the most part (more than 50%) by public funds, then they fall within…
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Protected: Webinar Video Recording 6 March 2023 – Bromcom Computers vs United Learning Trust
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Protected: Webinar Slides 6 March 2023 – Bromcom Computers vs United Learning Trust
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UK Gov Website – official learning and development offer for contracting authorities
Update on the official learning and development offer for contracting authorities – GOV.UK (www.gov.uk) This page outlines the comprehensive, centrally-funded learning and development package for contracting authorities being provided by the Cabinet Office.
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UK Gov Website – Model Contract – NHS Standard Contract
NHS England » NHS Standard Contract
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UK Gov Website – Model Contract – NHS terms and conditions for the procurement of goods and non-clinical services
NHS England » NHS terms and conditions for the procurement of goods and non-clinical services This page sets out the terms and conditions that apply to the provision of goods and non-clinical services to the NHS in England.
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UK Gov Website – Model Services Contract
Model Services Contract – GOV.UK (www.gov.uk) The template Model Services Contract is for high value, complex services.
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UK Gov Website – Contracts Finder
Contracts Finder – GOV.UK (www.gov.uk) Contracts Finder lets you search for information about contracts worth over £12,000 with the government and its agencies. You can use Contracts Finder to:
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UK Gov Website – Find a Tender
Find high value contracts in the public sector – GOV.UK (www.gov.uk)
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UK Gov Website – guidance on public procurement policy
procurement – Search – GOV.UK (www.gov.uk) The Cabinet Office’s guidance on public procurement policy
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UK Gov Website – Guidance and training materials on the Public Contracts Regulations (2015), Utilities Contracts Regulations (2016) and Concession Contracts Regulations (2016).
EU procurement directives and the UK regulations – GOV.UK (www.gov.uk) UK Government Website with guidance and resources on these three sets of regulations
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UK Gov Website – Transforming Public Procurement
Transforming Public Procurement – GOV.UK (www.gov.uk) Government Website containing all the government’s resources, and guidance on procurement law reform.
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The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016
These regulations come into force on 18 April 2016 and make amendments to the Public Contracts Regulations 2015 and other legislation. The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (legislation.gov.uk)
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Public Contracts Regulations 2015
These Regulations came into force on 26 February 2015. From 18 April 2016 these regulations were amended by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016. For the latest consolidated version which includes the amendments see here. The Public Contracts Regulations 2015 (legislation.gov.uk)
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UK Parliament Procurement Bill Website
Procurement Bill [HL] – Parliamentary Bills – UK Parliament
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Protected: Webinar Slides 28 February 2023 – TUPE in Tenders
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Amey Highways Limited -v- West Sussex County Council – abandoning a procurement process to avoid a claim
In summary if a dissatisfied economic operator brings a claim against a contracting authority, the latter cannot simply abandon the procurement process to avoid the claim. Amey Highways Ltd v West Sussex County Council [2019] EWHC 1291 (TCC) (24 May 2019) (bailii.org) Amey Highways Ltd v West Sussex County Council [2019] EWHC 1291 (TCC). The…
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Abbvie Ltd v NHS England – equal treatment and “margin of discretion” in evaluation
The case was AbbVie v NHS England [2019] and concerned a £1bn contract for Hepatitis C drugs. This case confirms that contracting authorities/utilities benefit from a broad discretion when designing and setting award criteria. Notably, the fact the model might favour a particular bidder over another does not automatically make the methodology unfair. The case also confirms…
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Webinar Recording Video 30 January 2023 – Update on New Procurement Bill
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Webinar Slides 30 January 2023 – Update on New Procurement Bill
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Oh what a tangled web we weave when we design to run roughshod over the rules – Consultant Connect Limited v NHS Bath
The case of Consultant Connect Limited v NHS Bath is most extraordinary. So many breaches of the regulations all happening during one procurement process is rare. Contracting authorities must comply with both Regulations 18 and 33 of the Public Contracts Regulations 2015 (PCR) when awarding call-off contracts, and in this case they clearly did not.…
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Proof IT SIA v European Institute for Gender Equality – incumbent advantage
Proof IT SIA v European Institute for Gender Equality (Case T-10/17), considered incumbent advantage. Proof asserted that the vague contract award criteria used gave the evaluation committee excessively broad discretion. This discretion allowed the panel to award more points to the successful tenderer because of knowledge that the provider had acquired during performance of a similar…
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SCRL Limited v NHS England – Abnormally low bids
SRCL Ltd (“SRCL”) (now Stericycle) challenged NHS England’s decision to award to another bidder a contract for clinical waste services. Bidders were invited to submit bids by way of an e-auction designed to drive prices down through more effective competition. SRCL (the main incumbent) were unsuccessful and brought a challenge alleging that both the winning…
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The 30 day time limit for procurement challenge is clear but when does the clock start ticking? — Siemens Mobility Ltd v High Speed Two (HS2) Ltd .
We see instances when contracting authorities believe the clock starts rigidly when they inform bidders of the outcome, however if you withhold information (intentionally or by error) from unsuccessful bidders this 30 day period could start much later and open a challenge at a future date. The case law is clear; The clock is stated…
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Webinar Slides 9 Jan 23 – Ask The Expert Extending / Varying Public Contracts
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Bechtel Ltd v High Speed Two (HS2) Ltd
The court will only interfere in an evaluation if there has been “manifest error”, and when assessing that, evaluators are entitled to act within what is called a “margin of discretion”. Bechtel, an unsuccessful bidder, challenged the outcome and process of the procurement, alleging that there were manifest errors in scoring, that there were inadequate…
Everything procurement & contract management
In2 the bargain 