Value of the thresholds under the directives on Public Procurement applicable from 1 st January 2016 – Henderson Chambers

Posted February 24th, 2016 in contracts, EC law, news, public procurement by sally

‘On 15 December 2015, the Commission adopted new Regulations, Regulation (EU) Nos 2015/2340, 2015/2341 and 2015/23421, amending respectively Directives 2004/17/EC, 2004/18/EC and 2009/81/EC in respect of the relevant thresholds for the application of the procedures for the award of public contracts. The reason for this was to set the new procurement thresholds for the two year period beginning 1 January 2016 and to align the thresholds in the Directives with the thresholds applicable under the Agreement on Government Procurement.’

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Henderson Chambers, 10th February 2016

Source: www.hendersonchambers.co.uk

Ministers seek to stop procurement boycotts through new guidance – Local Government Lawyer

‘Public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, ministers have said in new guidance.’

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Local Government Lawyer, 17 February 2016

Source: www.localgovernmentlawyer.co.uk

Council to consider costs pursuit after judgment issued in libraries dispute – Local Government Lawyer

‘Lincolnshire County Council has said it will consult its lawyers about the recovery of its costs after a High Court judge set out why in July she rejected a legal challenge to the authority’s plans for its libraries services.’

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Local Government Lawyer, 22nd October 2015

Source: www.localgovernmentlawyer.co.uk

Government to introduce rules to stop ‘political’ boycotts – BBC News

‘The government is to introduce new rules to stop “politically-motivated” boycotts by local councils.’

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BBC News, 3rd October 2015

Source: www.bbc.co.uk

‘Militant leftwing’ councils to be blocked from boycotting products – The Guardian

Posted October 5th, 2015 in Israel, local government, news, pensions, public procurement, sanctions, weapons by sally

‘Councils and local authorities are to be blocked from boycotting Israeli products or pursuing other foreign policy goals that conflict with the government.’

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The Guardian, 3rd October 2015

Source: www.guardian.co.uk

London borough secures lifting of suspension of award of CCTV contract – Local Government Lawyer

‘A London borough has successfully applied to the High Court to have lifted an automatic suspension under procurement regulations of the award of a contract for a road traffic CCTV system.’
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Local Government Lawyer, 30th September 2015

Source: www.localgovernmentlawyer.co.uk

High Court orders ‘unsatisfactory’ public contract award to be set aside – OUT-LAW.com

Posted July 21st, 2015 in contracts, local government, news, public procurement by tracey

‘The procurement process through which an English council awarded a contract for asbestos removal contained “a number of manifest errors” and breaches of equality and transparency requirements, and should therefore be set aside, the High Court has ruled.’

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OUT-LAW.com, 21st July 2015

Source: www.out-law.com

Court of Appeal dismisses procurement claim over delivery of tax-free childcare – Local Government Lawyer

Posted April 14th, 2015 in appeals, EC law, news, public procurement, taxation, tenders by sally

‘The Court of Appeal has rejected a claim that the Government’s proposed arrangements for the delivery of tax-free childcare breach domestic and EU public procurement legislation.’

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Local Government Lawyer, 13th April 2015

Source: www.localgovernmentlawyer.co.uk

High Court judge gives procurement litigants reprieve on claim form timescales – OUT-LAW.com

Posted April 1st, 2015 in interpretation, local government, news, public procurement, time limits by sally

‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’

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OUT-LAW.com, 27th March 2015

Source: www.out-law.com

Heron Bros Ltd v Central Bedfordshire Council – WLR Daily

Heron Bros Ltd v Central Bedfordshire Council [2015] EWHC 604 (TCC); [2015] WLR (D) 137

‘The term “service in accordance with rules of court” in regulation 47F(5) of the Public Contracts Regulations 2006, as amended, meant that valid service was achieved when the relevant step for service of a claim form, set out in CPR r 7.5(1), was completed within the seven-day time limit prescribed by regulation 47F(1).’

WLR Daily, 20th March 2015

Source: www.iclr.co.uk

Group M UK Ltd v Cabinet Office – Henderson Chambers

‘The Technology and Construction Court has reiterated that, in considering whether to lift the statutory suspension of the placing of a public contract following a challenge by an unsuccessful tenderer, it will apply the American Cyanamid principles, as those principles are consistent with the requirements of Directive 2007/66/EC on the award of public contracts.’

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Henderson Chambers, 17th March 2015

Source: www.hendersonchambers.co.uk

Selling to government – changes that will make things easier – Technology Law Update

Posted March 2nd, 2015 in contracts, documents, news, public procurement, time limits by sally

‘Do you provide services to public sector bodies? Do you want to? Whether your customer or target is part of government, or an independent publicly-funded institution such as a hospital or university, you should be aware of the Public Contracts Regulations 2015. These changes, the majority of which came into force this week, offer greater flexibility in public authority purchasing and increased visibility and supplier access.’

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Technology Law Update, 27th February 2015

Source: www.technology-law-blog.com

New public procurement rules bans use of PQQs for small value contracts – OUT-LAW.com

Posted February 23rd, 2015 in documents, news, public procurement by sally

‘Public bodies can put “relevant” and “proportionate” questions to businesses looking to win low value goods or service contracts at an early stage of procurement without breaching new public procurement rules set to come into force later this month, the UK government has said.’

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OUT-LAW.com, 20th February 2015

Source: www.out-law.com

Councillor wins procurement judicial review over £165m city centre scheme – Local Government Lawyer

Posted February 17th, 2015 in appeals, EC law, judicial review, local government, news, planning, public procurement by sally

‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’

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Local Government Lawyer, 13th February 2015

Source: www.localgovernmentlawyer.co.uk

‘Significant’ changes to public procurement rules to be introduced in weeks – OUT-LAW.com

Posted February 9th, 2015 in consultations, EC law, news, public procurement, regulations by sally

‘A raft of major changes to the regulation of procurement in the public sector in England, Wales and Northern Ireland is set to be introduced later this month.’

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OUT-LAW.com, 9th February 2015

Source: www.out-law.com

Let Me Stop You There… The test for lifting injunctions in public procurement challenges – Hardwicke Chambers

Posted November 27th, 2014 in advertising, EC law, injunctions, news, public procurement, regulations, tenders by sally

‘If you’ve seen an advert in the last few years warning you to submit your tax return on time, telling you not to drink and drive, or asking you to consider joining the armed forces, chances are that the company responsible was Group M UK Limited. That company has been at the heart of an important recent case concerning the test for lifting suspensions of contracts in public procurement challenges.’

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Hardwicke Chambers, 21st November 2014

Source: www.hardwicke.co.uk

Cartiera dell’Adda SpA v CEM Ambiente SpA – WLR Daily

Cartiera dell’Adda SpA v CEM Ambiente SpA (Case C-42/13) EU:C:2014:2345; [2014] WLR (D) 468

‘Article 45 of Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009), read in conjunction with article 2 of the Directive, and the principle of equal treatment and the obligation of transparency did not preclude the exclusion of an economic operator from a procurement procedure on the ground that the operator had failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement that the person designated as the operator’s technical director had not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement had been provided to the contracting authority or it was shown that the person in question was identified as the technical director in error.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda – WLR Daily

Posted June 24th, 2014 in charities, EC law, hospitals, law reports, public procurement by sally

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda (Case C‑574/12); ECLI:EU:C:2014:2004; [2014] WLR (D) 272

‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk