Latest blogs on procurement law

A High Court judge has issued a warning to contracting authorities who might be tempted to minimise the amount of paperwork they keep particularly where they fear that a high profile procurement exercise might be challenged.

In a public procurement context it is very easy to see how damages for the failure to win a substantial public contract could be in excess of £200,000. Unlike most litigants however a Claimant in a public procurement case only has a maximum of 30 days (and perhaps as little as 10 where a standstill period is not extended) in which to decide whether to bring a claim and that frequently means that Claimants are immediately faced with the prospect of paying out a substantial and irrecoverable court fee without having any real idea of the strength of their case.

The CCS reminds contracting authorities of the obligations to place information about contract opportunities and awards on Contracts Finder and it may suggest that there is a feeling at the CCS that too many authorities are failing to meet their obligations in this area.

The detailed implications of Brexit will vary depending on whether you are a contracting authority or supplier and for suppliers depending on the size of the business whether your usual market is within the UK or within the EU but as yet it is too early to say what these are in any detail.

How does a Court assess adequacy of damages in a procurement case, when hearing an application to lift an automatic suspension involving two not-for-profit NHS organisations?

The European Commission has requested 21 Member States to transpose in full one or more of the three directives on public procurement and concessions (Directives 2014/23/EC 2014/24/EC 2014/25/EC) into national law.

The obligation stems from Regulation 113 of the Public Contracts Regulations 2015 which requires contracting authorities to include in their contracts provisions for payment of suppliers within 30 days of the date of a valid undisputed invoice.

Last week saw the publication of the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and the unwieldy sounding Public Procurement (Amendments, Repeals and Revocations) Regulations 2016.

The growing clamour for so-called 'Brexit' from senior Conservative cabinet ministers, and Boris Johnson, has added an urgent reality to the possibility of the UK severing its ties with the European Union.