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Peter Jansen and Rachel Scarfe review the remedy of ineffectiveness ‘This article looks at the remedies now available under the current procurement regulations, in particular declarations of ineffectiveness.’In October 2010 Eurostar awarded the contract to replace its existing fleet of high-speed trains to Siemens as opposed to Alstom, its incumbent supplier. Amidst surprise in the …
Continue reading "Procedure: It doesn’t work!"
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Graeme Young and Victoria Moorcroft contemplate the future of the competitive dialogue procedure ‘A review by HM Treasury in November 2010 concluded that, while a properly run CD procedure has clear advantages, a poor one was burdensome and expensive.’In this article we consider the competitive dialogue procedure and the criticisms levelled against it in the …
Continue reading "Award Procedures: Who needs to dialogue when you can negotiate?"
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Rosemary Choueka investigates Cabinet Office initiatives following the Bombardier tender ”The Bombardier story was all the more interesting because it took place at the same time that the government was submitting its response to the European Commission’s proposals to modernise EU public procurement law and policy.”In July 2011, the Canadian train maker Bombardier announced plans …
Continue reading "Reform: Training to tender"
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Robert Rooney examines the lessons to be learned from Henry Brothers v Department of Education for Northern Ireland ‘It is interesting to note that the Court of Appeal’s judgment in the case considered in this article, makes a less adventurous contribution to the debates opened by the first instance decision.’In 2008, the Belfast High Court …
Continue reading "Framework Agreements: Can’t get over it"
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Jack Hayward and Anthony Butler discuss strategies for outsourcing to employees from a local authority perspective ‘The government is asking local authorities to pioneer the use of employee-owned entities, but neglecting to give authorities the tools with which to deliver the end product.’Outsourcing is not a new concept for local authorities, and over the past …
Continue reading "Outsourcing: In a league of their own"
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David Gollancz considers the efficacy of pre-nuptial agreements to defeat claims for ineffectiveness ‘This article considers the legal rules governing ‘pre-nuptial’ agreements, and the reasons why they may be a good idea in any case where ineffectiveness is a risk.’The remedy of ineffectiveness was introduced into European legislation by Directive 2007/66/EC, implemented in England, Wales …
Continue reading "Remedies: Till ineffectiveness do us part"
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Hazel Grant, Adrian Sim and Scott Allardyce outline the position of bidders on a breach of procurement law ‘The Regulations set out a number of requirements that contracting authorities must comply with, depending on the specific award procedure being used (whether open, restricted, competitive, dialogue or negotiated).’Compliance with procurement law is often seen as the …
Continue reading "Challenge: Caught in the act (or omission)"
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Jack Hayward considers outsourcing and employee-led businesses ‘It was refreshing to see that the European Parliament has returned determined to address one of the key preoccupations of the internal market, namely how to encourage more SME involvement in the supply of public sector goods and services.’The coalition’s agenda on the ‘Big Society’ has always included …
Continue reading "Update: Power to the people"
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Dr Totis Kotsonis examines the remedies regime and considers the question of how effective this really is ‘The implementation of Directive 2007/66/EC into UK law, and the further amendment of the procurement legislation, have led to the transformation of the remedies system available for breaches of UK public procurement law.’For a long time, the remedies …
Continue reading "Remedies: All change?"
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Hilary Ross discusses the fining of Marks and Spencers ‘The M&S case shows us that one of the thorniest scenarios is where there is a degree of overlap between the operations of the customer and the supplier. In such cases, it is essential to ensure that all potential issues are identified and each party’s role …
Continue reading "Health And Safety At Work: Not just a fine"
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