Latest blogs on procurement law

The Court's decision was made in the long running litigation between the Nuclear Decommissioning Authority (NDA) and Energy Solutions EU Ltd (now called ATK Energy) (ATK). Although the parties had already agreed a compromised settlement they asked that the Supreme Court still hear the appeal as there were important points of principle at stake.

Not all public procurement is so high profile and mistakes will not have such wide-ranging consequences but the reasons for the failure of this procurement are an object lesson to all contracting authorities to ensure that evaluation is carried out fairly and transparently and that clear records are kept of all evaluation decisions and an appropriate audit trail established.

The Public Contracts Regulations 2015 (and their 2006 predecessors) set out a prescribed statutory framework for bidders and other economic operators in the market to challenge a breach of the procurement rules.

The concept of Transparency can crop up in many different contexts, from the transparency of contract opportunities available, or the transparency of a procurement process and the ability of the objective bidder to understand what is required of it, through to the transparency of information about the identity of successful bidders in the market.

At this time of year here in the Mills and Reeve procurement team we reflect on the year gone by and on all the queries we have answered via our procurement portal helpline.

The Department of Health has published a guidance note The Public Contracts Regulations 2015 and NHS Commissioners summarising the main requirements of the Light Touch Regime (LTR) of the Public Contracts Regulations 2015 (PCR 2015) and highlights the changes to commissioners and those supporting them (Commissioning Support Units NHS Trusts and NHS Foundation Trusts) with their procurement of healthcare services.

Fat-finger syndrome so the ever-reliable internet tells us is the 'occasional tendency of stressed traders working in fast-moving electronic financial markets to press the wrong button on their keyboard and in the process lose their employer a mint'.

The guidance outlines how contracting authorities may incorporate criteria for compliance with social environmental and labour law in the public procurement process and when assessing the performance of public contracts.

The old PQQ needed updating in order to fit together with the requirements of the European Single Procurement Document (ESPD). There has been an obligation on contracting authorities to accept ESPDs since January of this year and of course a mismatch has arisen between the standard form ESPD and the CCS's PQQ.