Latest blogs on procurement law

The Technology and Construction Court, which hears almost all public procurement claims, is actually housed within the Rolls Building, a temple of glass and steel in the heart of the City. And, since 25 April 2017, there should be no piles of court papers either, as courts have moved across to a compulsory, paperless system of 'electronic working'.

The concept of Transparency can crop up in many different contexts, from the transparency of contract opportunities available, or the transparency of a procurement process and the ability of the objective bidder to understand what is required of it, through to the transparency of information about the identity of successful bidders in the market.

At this time of year here in the Mills and Reeve procurement team we reflect on the year gone by and on all the queries we have answered via our procurement portal helpline.

The Department of Health has published a guidance note The Public Contracts Regulations 2015 and NHS Commissioners summarising the main requirements of the Light Touch Regime (LTR) of the Public Contracts Regulations 2015 (PCR 2015) and highlights the changes to commissioners and those supporting them (Commissioning Support Units NHS Trusts and NHS Foundation Trusts) with their procurement of healthcare services.

Fat-finger syndrome so the ever-reliable internet tells us is the 'occasional tendency of stressed traders working in fast-moving electronic financial markets to press the wrong button on their keyboard and in the process lose their employer a mint'.

The guidance outlines how contracting authorities may incorporate criteria for compliance with social environmental and labour law in the public procurement process and when assessing the performance of public contracts.

The old PQQ needed updating in order to fit together with the requirements of the European Single Procurement Document (ESPD). There has been an obligation on contracting authorities to accept ESPDs since January of this year and of course a mismatch has arisen between the standard form ESPD and the CCS's PQQ.

The detailed implications of Brexit will vary depending on whether you are a contracting authority or supplier and for suppliers depending on the size of the business whether your usual market is within the UK or within the EU but as yet it is too early to say what these are in any detail.

How does a Court assess adequacy of damages in a procurement case, when hearing an application to lift an automatic suspension involving two not-for-profit NHS organisations?