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Masthead Local Govt - Procurement and Contracts

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Dealing with abnormally low tenders

How should contracting authorities approach a situation where they believe a tender could be abnormally low? Richard Wilson, George Lubega and Graeme Young offer some pointers.

News headlines

Jul 02, 2018

Councils in UK “withheld just £32m over underperforming PFI deals” in 2017

Local authorities in the UK withheld only an estimated £32m on underperforming PFI contracts last year, it has been claimed.
Jun 26, 2018

Government to strengthen social value requirements after Carillion collapse

The Government will extend the requirement of the Public Services (Social Value) Act in central government to ensure that all major procurements explicitly evaluate social value, where appropriate, rather than just consider it, the Chancellor of the…
Jun 26, 2018

Council to seek legal advice on enforcing agreement with development partner

Birmingham City Council plans to obtain legal advice on the terms of an agreement with a development partner on a major construction project.
Jun 14, 2018

Council ordered to disclose further information on incinerator deal

The Information Commissioner’s Office has told Gloucestershire County Council to disclose further commercial details of an incinerator deal, despite accepting that this could damage the interests of both the local authority and developer Urbaser…
Jun 13, 2018

Court of Appeal to hear key case on development agreements and procurement

The Court of Appeal will today [13 June] hear an appeal against a High Court ruling that dismissed a legal challenge by an unsuccessful bidder over the way a council procured a development partner.
Jun 12, 2018

Council fears over ability to meet statutory duty on adult care market stability

More than three quarters (78%) of councils responsible for adult social care are concerned about their ability to meet the statutory duty to ensure care market stability, the annual budget survey by the Association of Directors of Adult Social…

Features and analysis

The place of innovation in procurement

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Trevor Watt examines recent guidance from Brussels on how commissioners can make use of 'innovation procurement'.

GDPR and procurement

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The introduction of the GDPR has significant implications for procurement practice, writes Jenny Beresford-Jones.

Learning from poorly drafted contracts

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A Court of Appeal ruling in a contract dispute involving a NHS trust highlights the importance of parties having a shared understanding of what is being agreed, write Justin Mendelle and Tola Odedoyin.

Museums and art galleries: a way forward

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Simon Randall and Joanne Bussell put forward some suggested solutions to the challenges facing local authority museums and art galleries.

Older articles

Jun 01, 2018

Museums and art galleries: a way forward

Simon Randall and Joanne Bussell put forward some suggested solutions to the challenges facing local authority museums and art galleries.
Jun 01, 2018

Modern slavery and LAs: an update

Raj Shah outlines important guidance and explains local authorities’ duties to ensure they comply with modern slavery legislation.
May 25, 2018

Council re-opens hotel procurement but says legal claim was “scare tactic”

Bournemouth Borough Council has confirmed that it will reopen the procurement of a hotel development adjacent to the Bournemouth International Centre (BIC), although it maintains that there is no basis for a claim made on behalf of two business with…
May 25, 2018

Social value and public procurement

LexisPSL Local Government discusses when and how local government procurement officers should consider the application of the Public Services (Social Value) Act 2012 to procurement decisions.
May 18, 2018

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.
Apr 26, 2018

Council hit with procurement and public law challenge over hotel funding decision

Two hotel groups have threatened Bournemouth Borough Council with a public law and public procurement challenge over its decisions earlier this year to approve the funding of the construction of a hotel on the site adjacent to Bournemouth…
Apr 25, 2018

Judicial review challenge over fate of town hall ended: report

Local activists are said to have abandoned an attempt to take the London Borough of Haringey to judicial review over the future of Hornsey town hall.
Apr 20, 2018

Supply chain visibility

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.
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.
Apr 06, 2018

TUPE and gaps between contracts

The Advocate General of the European Court of Justice has confirmed that a five-month gap in operations does not necessarily prevent TUPE applying. Doug Mullen looks at practical guidance for employers where there is a gap in operations.
Apr 06, 2018

GDPR and contract negotiations

Azhar Ghose highlights some of the issues that have arisen in contract negotiations of GDPR clauses.
Mar 29, 2018

Failing to meet criteria

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.
Mar 15, 2018

Accountability for services often lost when they are outsourced: Ombudsman

Councils must ensure that accountability for any outsourced services is not lost when the service is delivered by an external contractor, the Local Government and Social Care Ombudsman has told MPs.
Mar 05, 2018

Browne Jacobson hires head of public sector commercial practice in North West

National law firm Browne Jacobson has hired Michael Mousdale as the head of its public sector commercial practice in the North West.
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.
Feb 23, 2018

The Company Sec in local government

As commercialisation grows, Azhar Ghose outlines the increasing importance of the Company Secretary role within local authorities and offers some tips on how it can be performed.
Feb 23, 2018

Heavy lifting

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.
Feb 22, 2018

Council wins Court of Appeal battle over interpretation of £2.7bn PFI contract

Birmingham City Council has won an appeal over the correct interpretation of its £2.7bn highways PFI contract with Amey.
Feb 16, 2018

What if? Reflections on Carillion's collapse

V. Charles Ward looks at the implications for public procurement of the collapse of Carillion.

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