Practical Law

Much ink has been spilt on the thorny question as to whether and to what extent publication of a voluntary ex ante transparency notice (VEAT Notice) offers contracting authorities and utilities protection against a remedy of a declaration of ineffectiveness in the national courts.  Indeed, on the procurement conference circuit, it is rare to find … Continue reading (In)valid VEATs: the European Court of Justice’s judgment in Italian Interior Ministry v Fastweb SpA →

Warsha Kalé, Associate Director, and Stuart Stock, Associate, Berwin Leighton Paisner LLP: Under the Public Contracts Regulations 2006 (PCRs) a bidder may be excluded from a tender process at selection stage where that bidder has committed an act of “grave misconduct in the course of his business”. In EU-speak, under Directive 2004/18, this is known as … Continue reading Excluding poorly performing bidders →

Warsha Kalé, Associate Director, and Stuart Stock, Associate, Berwin Leighton Paisner LLP: This post highlights some of the public procurement compliance issues arising out of the new Cabinet Office guidance “Procurement for growth: a recipe for success”, which was published on 21 May 2013. The guidance clearly states that, as part of the efficiency drive in public sector … Continue reading Pre-tender dialogue: to speak or not to speak…? →

Warsha Kalé, Associate Director, and Stuart Stock, Associate, Berwin Leighton Paisner LLP: Partnering and alliance arrangements in both the public and private sectors are increasingly common. In such situations, the contracting authority is looking to procure a “partner” rather than simply goods, services or works, although the partner may subsequently provide such goods, services or works as … Continue reading Limiting Lianakis: the selection/award dichotomy revisited →