PLC Public Sector reports:

Our public procurement case law digest for May 2012 focuses on sustainability and the extent of the requirement to disclose award criteria and weightings.

Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a case that should be brought to the attention of public procurement practitioners. 

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Elisabetta Rotondo, Kemp Little LLP:

In its consultation on its proposals to require all public procurement contracts for “software interoperability, data and document formats in government IT” to be based on “open standards”, the government has expressed a preference that open standards are licensed on a royalty-free basis.

In this post, Elisabetta Rotondo of Kemp Little LLP argues that not only is this a mistake from a commercial perspective, but that it is also contrary to established EU policy and law.  For a more detailed overview of the issues and arguments please see Elisabetta’s in-depth article on the government’s consultation.

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PLC Public Sector reports:

Public authorities regularly come in for criticism about the way that they deal with requests for information made under the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004 (SI 2004/3391) (EIR).  Often harsh words are both justified and necessary.  However, a look at the differing approaches taken by “differently constituted” first-tier tribunals to the same issues highlights the problems that public authorities face.  The correct action to take is not always easy to identify as they try to deal with an ever increasing workload and fewer resources in the face of a series of mixed messages from the tribunal.

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