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Masthead Local Govt - Procurement and Contracts

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Services of general economic interest

How can public bodies make use of the state aid exemption relating to services of general economic interest? Edward Reynolds explains.

News headlines

Jul 31, 2018

Council faces procurement challenge from bidder who missed out on contract by 0.03

West Sussex County Council is facing a procurement challenge from a bidder who missed out on being awarded a ten-year highways contract by just 0.03 marks, it has emerged.
Jul 26, 2018

Chair of Natural Resources Wales resigns after timber contract failings

Natural Resources Wales (NRW) chair Diane McCrea has resigned after auditors qualified the regulator’s account for the third consecutive time over unlawful timber contracts.
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…

Features and analysis

Two-stage evaluations and the PCR

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Now you can carry out a two-stage phased evaluation under the open procedure and still comply with the Public Contracts Regulation, writes Stephanie Rickard.

Evaluation of social value

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The UK government has announced changes to extend the scope of the Public Services (Social Value) Act 2012, to rebuild trust after Carillion's collapse. Patrick Parkin considers the implications.

Open and shut

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A judge recently found that an open cast mine case - where a council sought specific performance of an escrow account agreement - was open and shut. Matt Hutchings QC and Shomik Datta set out why.

Clarity in procurement processes

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The High Court has examined whether it should order a contracting authority to amend its decision and award a contract to the claimant. Melanie Peers and Tim Care consider its approach.

Older articles

Jun 15, 2018

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.
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…
Jun 08, 2018

The place of innovation in procurement

Trevor Watt examines recent guidance from Brussels on how commissioners can make use of 'innovation procurement'.
Jun 08, 2018

GDPR and procurement

The introduction of the GDPR has significant implications for procurement practice, writes Jenny Beresford-Jones.
Jun 08, 2018

Learning from poorly drafted contracts

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.
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.

Services of general economic interest

European Procurement iStock 000011527633Small 146x219How can public bodies make use of the state aid exemption relating to services of general economic interest? Edward Reynolds explains.

Hits: 37

Read more: Services of general economic interest

Two-stage evaluations and the PCR

Checklist 2 146x219Now you can carry out a two-stage phased evaluation under the open procedure and still comply with the Public Contracts Regulation, writes Stephanie Rickard.

Hits: 57

Read more: Two-stage evaluations and the PCR

Open and shut

Project iStock 000000224397XSmall 146x219A judge recently found that an open cast mine case - where a council sought specific performance of an escrow account agreement - was open and shut. Matt Hutchings QC and Shomik Datta set out why.

Hits: 59

Read more: Open and shut

Evaluation of social value

Predeterminiation iStock 000016468646Small 146x219The UK government has announced changes to extend the scope of the Public Services (Social Value) Act 2012, to rebuild trust after Carillion's collapse. Patrick Parkin considers the implications.

Hits: 66

Read more: Evaluation of social value

Clarity in procurement processes

Partnership iStock 000006695073XSmall 146x219The High Court has examined whether it should order a contracting authority to amend its decision and award a contract to the claimant. Melanie Peers and Tim Care consider its approach.

Hits: 54

Read more: Clarity in procurement processes

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