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Masthead Housing - Procurement and Contracts

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Contract Law in the Supreme Court

The Supreme Court recently considered the use of non-oral modification terms in written agreements. Michael Paget and Zoë Whittington examine the outcome.

News headlines

Apr 12, 2018

Government issues procurement policy note in bid to boost supply chain visibility

The Crown Commercial Service (CCS) has issued a procurement policy note setting out new measures intended to increase the visibility of subcontracting opportunities in Government supply chains.
Mar 01, 2018

Brussels updates guide on common errors in public procurement of projects

The European Commission has published an updated guide intended to help public officials avoid the most frequent errors and adopt best practices in public procurement of projects funded by the European Structural and Investment Funds (ESIF) and…
Feb 28, 2018

MPs lambast public body over procurement of one of largest government contracts

The Public Accounts Committee (PAC) has heavily criticised the Nuclear Decommissioning Authority (NDA) as having "completely failed" in both the procurement and management of the contract to clean up the Magnox nuclear reactor sites.
Jan 11, 2018

Government Legal Department produces slimline ‘Public Sector Contract’

The Government Legal Department (GLD) has produced a new, slimline ‘Public Sector Contract’ which it claims will allow small and medium-sized enterprises (SMEs) to bid for billions of pounds worth of government facilities management contracts more…
Jan 08, 2018

Government issues policy note on procurement and data protection changes

The Crown Commercial Service has published a policy note (PPN) on the impact on procurement of changes to data protection legislation and the General Data Protection Regulation.

Features and analysis

Supply chain visibility

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Following the government's publication of a new procurement policy note on supply chain visibility, do you need to update your T&Cs? Ruth Smith explains.

Failing to meet criteria

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A recent case has shown the importance of contracting authorities making clear the criteria they apply to procurement exercises and the implications of failing to meet any of these. Tiffany Cloynes and Clare Hardy consider the ruling.

Heavy lifting

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James Goudie QC looks at the lessons to be learned from the latest High Court ruling on whether the automatic suspension of a contract award should be lifted.

Dealing with convicted tenderers

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Melanie Pears and Tim Care consider the circumstances which arise where a tenderer, or a member of a consortium of tenderers, has been convicted of a criminal offence.

Older articles

Jan 26, 2018

Pass/fail questions and disqualification

Does failing a pass/fail question in public procurement = disqualification? Emma Butcher analyses a recent Technology and Construction Court ruling.
Jan 19, 2018

Post Carillion insolvency: what next

The collapse of Carillion this week has thrown up a range of issues for local authorities and other public bodies. David Kilduff, James Mills and Kate Webster chart a way forward.
Jan 11, 2018

Government Legal Department produces slimline ‘Public Sector Contract’

The Government Legal Department (GLD) has produced a new, slimline ‘Public Sector Contract’ which it claims will allow small and medium-sized enterprises (SMEs) to bid for billions of pounds worth of government facilities management contracts more…
Jan 08, 2018

Government issues policy note on procurement and data protection changes

The Crown Commercial Service has published a policy note (PPN) on the impact on procurement of changes to data protection legislation and the General Data Protection Regulation.
Jan 04, 2018

The CCS' public procurement policy

The Crown Commercial Service (CCS) has reissued its public procurement policy. Melanie Pears and Tim Care highlight the key points.
Dec 18, 2017

Government publishes single guidance note on transparency in procurement

The Crown Commercial Service has issued a procurement policy note bringing together public bodies’ responsibilities in relation to transparency.
Dec 01, 2017

Supply chain sustainability

LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.
Nov 24, 2017

What next for damages?

A recent EFTA court ruling on whether the gravity of a breach of the EEA rules on public contracts is relevant for the award of damages is at odds with a Supreme Court judgment. Helen Prandy explains why this could be important post-Brexit.
Nov 17, 2017

Concurrent delay conundrum conquered

The TCC has just resolved a longstanding conflict between two competing principles of construction law, deciding that the “prevention principle” doesn’t stop clients placing the whole risk of concurrent delay on their contractor. Emily Aldridge…
Nov 10, 2017

If you snooze you lose

A recent Technology and Construction Court ruling has emphasised how an unsuccessful bidder must have a good reason if an extension of time is to be granted. Helen Prandy reports.
Nov 03, 2017

Simple breach of procurement law “sufficient to trigger liability”: EFTA Court

The gravity of a breach of the EEA (European Economic Area) rules on public contracts is irrelevant for the award of damages, the EFTA (European Free Trade Association) Court has ruled.
Nov 03, 2017

Obtaining interim relief

Melanie Pears and Tim Care look at a recent court decision in of the European General Court, in response to a claim brought against the European Central Bank (ECB), for the award of a contract to a third party instead of the applicant.
Oct 27, 2017

Deadlines and supplementary information

Allowing supplementary information after the deadline for bid submissions – how far can you go? Fran Mussellwhite reports.
Oct 20, 2017

Exclusion of tenderers

Melanie Pears and Tim Care consider a Court of Justice of the European Union (CJEU) ruling that Directive 2004/18/EC does not preclude national rules for automatic exclusion of a tenderer in circumstances in which a member of a bidding consortium…
Oct 13, 2017

Public procurement after Brexit

Simon Randall CBE has written a paper for the Society of Conservative Lawyers on public procurement after Brexit. Here he puts forward some of the key points.
Oct 06, 2017

The Supplier Code of Conduct

Melanie Pears and Tim Care take a look at the Supplier Code of Conduct, which has been introduced by the Government with the aim of helping suppliers understand the standards expected of them when they are contracting with the Government.
Sep 15, 2017

Remedies and not-for-profit bodies

Stephen Pearson analyses a recent procurement case on remedies that will be of interest to contracting authorities and not-for-profit organisations in particular.
Aug 10, 2017

Service level agreements and KPIs

The Court of Appeal has found minimum performance level examples and key performance indicators (KPIs) in a service level agreement with a housing association to be contractually binding. Karl Anders and Ben Sheppard review the decision.
Aug 03, 2017

Stay on entering into contract

A High Court judge has recently considered a NHS trust's application to lift an automatic suspension on the award of a managed services contract in respect of pathology services. James Goudie QC sets out the key lessons.
Jul 27, 2017

TCC publishes guidance note on management of public procurement cases

The Technology and Construction Court has published a guidance note on procedures for and the management of public procurement cases.

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