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Masthead Housing - Procurement and Contracts

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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.

News headlines

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.
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.
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.
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.
Jun 27, 2017

Defendants sentenced for £12m frauds on public bodies

Ten offenders have this month been sentenced over a series of frauds worth £12m against a range of public bodies including NHS trusts, councils and the Guernsey government.

Features and analysis

Supply chain sustainability

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

What next for damages?

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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.

Concurrent delay conundrum conquered

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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 reports.

If you snooze you lose

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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.

Older articles

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.
Jul 20, 2017

Consortium bidding in public procurement

This LexisPSL Public Law analysis by Peter Ware and Jennifer Grigg of Browne Jacobson LLP examines the opportunities and risks of consortium bidding in public procurement.
Jul 13, 2017

Managing procurement claims in the TCC

HMCTS is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court. LexisPSL Public Law, in partnership with Will Thomas and Peter Ware, look at what the new protocol on public procurement…
Jul 13, 2017

Managing public procurement claims in the TCC

LexisPSL Public Law analysis: HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will…
Jun 27, 2017

Defendants sentenced for £12m frauds on public bodies

Ten offenders have this month been sentenced over a series of frauds worth £12m against a range of public bodies including NHS trusts, councils and the Guernsey government.
Jun 16, 2017

Approaches to the experience of tenderers

Melanie Pears and Tim Care provide an overview of a recent Court of Justice of the European Union decision that offers useful guidance to contracting authorities on the approach which can be taken to tenderers' experience.
Jun 09, 2017

Procurement and information security

Melanie Pears and Tim Care provide an overview of the importance of "information security" (which includes but is not limited to cyber security) in the context of public procurement practices.
May 19, 2017

Errors in major procurement projects

In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.
May 19, 2017

Delivering more social value

What impact has the Public Services (Social Value) Act 2012 had? Could more be done to boost social value through procurement? Melanie Pears and Tim Care report.
May 12, 2017

Correcting obvious errors

Does a contracting authority have an obligation to allow a bidder to correct an obvious error in its bid after the bid deadline has passed? Helen Prandy reports.
May 05, 2017

Not having your cake and eating it

Andrew Millross highlights an Opinion of the Advocate General about subsidiaries of contracting authorities.
May 05, 2017

A 'sufficiently serious' case?

What is a 'sufficiently serious' breach justifying damages in a public procurement claim? Stephen Pearson examines a case that went all the way to the Supreme Court.
Apr 24, 2017

Council wins right to redact more info from variation agreement to waste contract

A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.
Apr 04, 2017

Routine denial of access to court file in procurement claims is wrong: judge

A practice where all public procurement claims are being marked on the court file as "private", so that access to the court file in such cases is being routinely denied, is wrong in principle, the judge in charge of the Technology and Construction…

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