In a trial of two preliminary issues in Community R4C Ltd -v- Gloucestershire County Council [2020] EWHC 1803 (TCC) the Court held that a consortium was not an Economic Operator under the Public Contracts Regulations 2015 (PCR 2015). Even if it was, in a hypothetical tender the consortium would not have had the financial standing to pass…
The Updated Playbook The fifth PPN of 2020 draws attention to the recent publication of the Cabinet Office’s Outsourcing Playbook v2.0. The original iteration of the Playbook was designed to help central government departments make better decisions in relation to outsourcing by codifying best practice from across government. The updated version builds on the original…
Considering the principles of transparency and fairness in the exercise of discretion On 17 June 2020, the High Court handed down its judgment in a case with important implications for the contracting authorities undertaking procurement exercises, Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC). The…
In this rapidly evolving environment, one would be forgiven for having missed the government’s announcement last week that the UK has given formal confirmation to the EU that the Brexit transition period will not be extended beyond the end of 2020. This means the amended public procurement regulations will take effect at the start of…
Introduction In a previous earlier article we highlighted almost simultaneous but contrasting judgements[1] concerning the strict 30 day time limit for starting proceedings under the Public Contracts Regulations 2015 (“the Regulations”) in Regulation 92(2) and the restricted jurisdiction to extend those time limits under Regulation 92(4) and (5). The recent judgement in Riverside Truck Rental…
On 6 April 2020, the Cabinet Office published helpful guidance notes on the implementation of Procurement Policy Note 02/20 by contracting authorities in England in relation to existing works contracts. Options for Relief The guidance sets out a non-exhaustive list of different forms of relief that a contracting authority can agree with a supplier whose…
