Legislation: The new classic public procurement directive – a curate’s egg?

Helen Randall assesses the efficacy and objectives of Directive 2014/24 ‘Many of the changes in the directive have been implemented with the laudable (but, in the author’s personal view, somewhat naive) objective of encouraging SME participation in government tenders.’The new European public procurement directive (Directive 2014/24) has been billed as bringing more speed, flexibility and …
This post is only available to members.

Tendering: Looking a gift horse in the mouth

Catherine Wolfenden and Ashley Morgan consider the treatment of abnormally low tenders in public procurement An authority cannot reject the tender without seeking clarification of any areas that seem unusually low and evaluating the bid on the basis of the response it receives.In a climate of ever-tightening budgets for public authorities, when a bidder comes …
This post is only available to members.

Litigation: Below the belt

Jonathan Parker assesses the treatment of abnormally low tenders ‘In the current economic climate, increasing numbers of EOs appear to be disposed to submit perilously low tenders in an effort to maintain their cash flow. EOs submitting tenders that are too low can have disastrous consequences for a number of parties.’The coming into force of …
This post is only available to members.

Remedies: Make your mind up

Peter Elliott and Mark Livsey analyse the law on contractual variation before and after Pressetext ‘It has long been recognised that a sufficient degree of change to a current contract could, in theory, constitute a new award of contract and that this ought potentially to be competed.’The question whether contracting authorities can safely make changes …
This post is only available to members.