Publications and updates

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While transparency and equal treatment are non-negotiable in bid evaluation contracting authorities do retain a margin of appreciation in matters of judgement provided the exercise of discretion is not manifestly wrong.
10 May 2017
In its latest PPN update to the Transparency Principles first published in the summer of 2015, the focus of the Crown Commercial Service is on how a contracting authority can decide whether requested information is disclosable, or not.
10 May 2017
The Department of Health has issued an update to its Transparency Guidance (which, following the NHS Standard Contract, NHS Provider organisations are required to follow).
10 May 2017
We look at the case of Wylde and others v Waverley Borough Council where an unsuccessful attempt was made to challenge (by way of judicial review) a procurement process by claimants who were not themselves tenderers or suppliers in the market.
10 May 2017
This guidance has now been extended and refined so that it may be applied more widely in the public sector.
10 May 2017
An unsuccessful bidder wishing to challenge a procurement decision might be forgiven for assuming that if it can prove there has been a breach of the procurement rules, and that it has suffered loss or damage as a result, then there should be a right to damages. But, in a landmark judgment, the Supreme Court has just decided otherwise, stating that damages will only be available if the breach is “sufficiently serious”.
08 May 2017
We’ve seen an interesting case, Hannover, where the European court examined the exemptions for in-house contracts and joint cooperation, sometimes called the “Teckal” and “Hamburg” exemptions after the cases which originally established them, and found that the situation in hand in Hannover, involving a so-called “transfer of powers”, was entirely distinct from either of them.
03 April 2017
The Crown Commercial Service has just published a procurement policy note containing statutory guidance on the selection stage and an updated version of its standard pre-qualification questionnaire. This is mandated for use in over-threshold procurements by virtue of Regulation 107. We look at the new questionnaire, how it should be used, and new guidance on what amounts to a “reportable deviation”.
28 September 2016
We look at a recent case where an NHS Trust attempted to persuade the High Court that an automatic suspension should be upheld pending examination of its claim against a CCG at a full trial.
26 September 2016
Recently the Competition & Markets Authority (CMA) published an open letter to public sector procurement officials with advice on how to spot bid rigging. We look at the letter and some of the tell-tale signs to be aware of.
26 September 2016
The Crown Commercial Service has recently issued a new PPN around publishing information to its Contracts Finder website.
26 September 2016
We look at a recent case where the European court decided that the terms of a settlement agreement amounted to a substantial modification to a public contract.
26 September 2016
A High Court judge has issued a warning to contracting authorities who might be tempted to minimise the amount of paperwork they keep, particularly where they fear that a high profile procurement exercise might be challenged.
26 September 2016
We look at a case heard recently by the European Court (Case C 6-15 Dimarso) where the court was asked to decide on whether the contracting authority had a duty to disclose its full evaluation methodology as well as the award criteria.
26 September 2016
The vast majority of claims about a breach of the procurement regulations are heard in the Technology & Construction Court (TCC). As a result a guide is set to be approved by the TCC and sets out how procurement claims should be conducted, including how parties should behave in the pre-action period.
26/09/2016
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Publications and updates
Publications and updates