March/April 2017 #35 – Law Journals

Tendering: Down down deeper and down

Julie-Ann McCaffrey reports on a recent ruling dealing with abnormally low bids ‘The department failed to comply with its obligation to verify the offer or parts of the offer which were allegedly abnormally low.’ Abnormally low bids have been a subject of conversation for authorities and aggrieved bidders in recent times. While the authority wants …

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Policy: The green green grass of home

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Chris Hoyle reflects on the potential for economic efficiency in the years ahead ‘With the eventual removal of the EU as the ultimate arbiter of the rules of UK public procurement, now is the time to consider adoption of a new approach.’They think it’s all over. Well, it’s only just begun! With apologies to history …

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Housing: Opening doors

Peter Kershaw makes a plea for stakeholders to respond to the latest government consultations around increasing housing supply and improving planning performance ‘The government is prioritising trying to find solutions to the housing crisis and is very keen to try and achieve a consensus among stakeholders on the way forward to tackling this complex and …

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Dispute Management: Peace in our pipeline

Akin Akinbode and Phil Vickers consider how best to avoid disputes under PF2/PFI contracts ‘The court will often be constrained by the terms of the parties’ contracts and may not be in a position to address the issues that underlie the dispute.’ With more PF2 projects ahead, there are lessons to be learnt from recent …

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Procedure: In it to win it

Jamie Walker and Katherine Souter swap notes on the competitive procedure with negotiation under the Public Contracts Regulations 2015 ‘The procedure offers the best of both worlds: the ability to award early and avoid unnecessary costs, and the ability to negotiate the best possible solution.’ Have you ever tendered a public contract using the restricted …

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Brexit: Happy families

Robert Bell delivers the prognosis for public procurement rules after Brexit ‘UK public procurement legislation will be heavily influenced by the nature of any future trade agreements between the UK and the EU.’Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase ‘Well here’s another nice mess you’ve …

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Contract: Caution to the wind

Rebecca Williams and David Wright assess the impact of a decision on contractual obligations ‘In the view of the court, given the cracks that had been discovered by GGOWL in the first shipment, the only reasonable course available to Fluor was to carry out an investigation into the true condition of the monopiles and establish …

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