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
PLC Public Sector reports: Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
Adrian Magnus, Partner and Stuart Stock, Associate, Berwin Leighton Paisner LLP: On 13 June 2013, the Court of Justice of the European Union (ECJ), following the request for a preliminary ruling from the Higher Regional Court in Düsseldorf, handed down its judgment in Piepenbrock Dienstleistungen GmbH & Co. v Kreis Düren (Case C-386/11). The facts … Continue reading When is a procurement not a public procurement … the “in-house” exceptions
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…?
Katherine Calder, Senior Associate, Berwin Leighton Paisner LLP: In the 2012 Autumn Statement, the Chancellor of the Exchequer confirmed plans (first announced in September 2012) to use of the public procurement process to deter tax avoidance and evasion. A discussion document and draft guidance for consultation followed in February 2013 and on 20 March 2013, … Continue reading “Tax avoiders” to lose out on government contracts
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
Daniel Greenberg, PLC consultant: The Back-bench Business Committee (a Select Committee of the House of Commons) has announced two debates that will take place on subjects raised by members of the public by way of e-petition. The decision comes after some initial controversy when these two petitions received support in excess of the 100,000 signatures … Continue reading First e-petition debates announced
Daniel Greenberg, PLC consultant: The coalition government undertook early on to make a major cull of non-departmental public bodies, with a view both to saving money and simplifying public administration. The first serious step towards achieving that aim was the introduction into the House of Lords of the Public Bodies Bill on 28 October 2010. … Continue reading Public Bodies Bill sparks constitutional debate
Daniel Greenberg, PLC consultant: The Government’s announcement on 13 September about the plans to extend the present Parliamentary Session until 2012, and the introduction of the Fixed-term Parliaments Bill, have a number of practical implications.