Search by Category:

Tackling Modern Slavery: new requirements for contracting authorities in procurements and contracts

On 10 February 2023, the Cabinet Office published PPN 02/23 which sets out how UK Government departments, their executive agencies and non-departmental public bodies, and NHS bodies, must take action to ensure modern slavery risks are identified and managed in government supply chains. Other public sector organisations such as local authorities are not obliged to follow the PPN, but they

Continue reading

To reject or not to reject a non-compliant tender

The Scottish courts handed down their judgment in the case of Capita Business Services Limited v the Common Services Agency for the Scottish Health Service on 10th February 2023.

Background:

NHS National Services Scotland (“NSS”) conducted a procurement exercise, following the competitive procedure with negotiation (CPN) in accordance with Public Contracts (Scotland) Regulations 2015. The procurement was for a

Continue reading

Guidelines updated for public sector authorities regarding Russian and Belarusian suppliers

The Cabinet Office updated the Procurement Policy Note 01/22 – Contracts with suppliers from Russia and Belarus, alongside a list of frequently asked questions (“PPN”) to reflect modifications relating to the Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022 No. 741 (“Order”). The Order amended the constraints of section 17 of the Local Government

Continue reading

Read, check, repeat: the key to avoiding procurement errors

On 20 June 2022, the Technology and Construction Court issued its judgment in Braceurself Ltd v NHS England [2022] EWHC 1532 (TCC).

Background

The case considered a nationwide re-procurement for orthodontic services where the defendant misunderstood the claimant’s answer to one of the competition questions and this resulted in its bid being unsuccessful with a 2.5% difference. Specifically, one

Continue reading

“Transforming Public Procurement – our transparency ambition”: Beneficial or Burdensome for Contracting Authorities?

On 30th June, the Government published “Transforming Public Procurement – our transparency ambition” (the “Policy Paper”)

Those following the Procurement Bill’s (the “Bill”) passage through Parliament will have noted that ‘transparency’ no longer features as an express procurement principle and is to be replaced with specific steps to be taken by contracting authorities

Continue reading

Local authorities on track to more freedom to cut ties with Russian and Belarusian suppliers

Updated on [ 04.07.2022 ] July 2022

On 30 June, the Secretary of State for Levelling Up, Housing and Communities made the Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022 No. 741 (“Order”), amending the constraints of section 17 of the Local Government Act 1988 (“LGA 1988”) such that local authorities described in the LGA

Continue reading