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Disclosing details of other bidders: a balancing act of transparency vs commercial interests — Greenwood v Information Commissioner

Do public bodies need to release the names of parties who took part in a procurement exercise and failed to secure a bid? Under the Public Contracts Regulations 2015, there is no obligation to disclose details of other bidders beside the specific requirement in the standstill letters, where only details of the successful contractor must…
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Procurement Policy Note 01/23 – Contracts Finder thresholds changed again
Procurement Policy Note 01/23 – update to legal and policy requirements to publish procurement information on Contracts Finder The Public Contracts (Amendment) Regulations 2022 came into force on 21 Dec 2022. This makes two changes to the Below Threshold Regime: a) The contract value limits have been amended: from £10,000 to £12,000 for central government…
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Fabricom v Belgium

“the equal treatment principle requires that comparable situations must not be treated differently and that different situations must not be treated in the same way, unless such treatment is objectively justified” The European Court of Justice (‘Court’) highly significantjudgment on procurement matters – Fabricom SA v Belgium (Judgment Joined Cases C-21/03, C-34/03, 3 March 2005).…
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Healthcare at Home Ltd v Common Services Agency

Transparency and a RWIND (reasonably well-informed and normally diligent) tenderer. The issue is not what the invitation to tender meant but whether its meaning would be clear to any RWIND tenderer, and is suitable for objective determination. The Court should approach such cases by placing itself in the position of the reasonably informed tenderer, looking…
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NATIONAL PROCUREMENT POLICY STATEMENT – June 2021

This National Procurement Policy Statement sets out the strategic priorities for public procurement and how contracting authorities can support their delivery. This Statement applies to contracting authorities as defined in section 39(3) and (4) of the Small Business Enterprise and Employment Act 20151 . This includes central government departments, executive agencies, non-departmental public bodies, local…
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Concession Contracts Regulations 2016

The Concession Contracts Regulations 2016 are in force from 18 April 2016 and apply to over threshold public works concessions and public services concessions. The Concession Contracts Regulations 2016 (legislation.gov.uk)
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Utilities Contracts Regulations 2016

These Regulations replace the Utilities Contracts Regulations 2006 and are in force from 18 April 2016 The Utilities Contracts Regulations 2016 (legislation.gov.uk)
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Procurement Policy Notes

This collection brings together all procurement policy notes, providing guidance on best practice for public sector procurement. Procurement policy notes – GOV.UK (www.gov.uk)
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Public Services (Social Value) Act 2012

The Public Services (Social Value) Act 2012 came into force on 31 January 2013. It requires people who commission public services to think about how they can also secure wider social, economic and environmental benefits. Before they start the procurement process, commissioners should think about whether the services they are going to buy, or the way…

