Procurement and Contracts

Nottingham University Public Procurement Course

Shareholders amend Articles of Association by conduct

In a recent case the High Court held a company’s articles of association were amended via shareholders’ conduct. This case, which concerned the appointment of directors in a company, highlights the potential for informal actions to amend a company’s constitution, write Sophie Alexander and Elizabeth Withers. Read more

NEWS

Jun 27, 2024

Thinktank calls for planning, procurement and capacity reforms from next government

Localis has criticised the Labour Party and Conservative Party over their "common neglect of the need of local government for immediate capacity uplift" in an analysis of their manifestos.

Jun 21, 2024

Public procurement and subsidies specialist joins Clarke Willmott from competition watchdog

Clarke Willmott has bolstered its procurement team with the arrival of Brendan Ryan as a partner from the Competition and Markets Authority.

Jun 12, 2024

Outsourced public services “failing to protect rights of individual service users”: report

Central government and local authorities do not have proper information about the quality of outsourced public services, and are often unaware of rights abuses until too late, a report from law reform and human rights charity Justice has claimed.

Jun 05, 2024

Browne Jacobson bolsters commercial practice with hire of former team lead at county council

Browne Jacobson has strengthened its Government practice with the appointment of Jan Cumming as Legal Director.

May 14, 2024

Government issues National Procurement Policy Statement setting out strategic priorities

The Government Commercial Function has published a National Procurement Policy Statement setting out the strategic priorities for public procurement and how contracting authorities can support their delivery.

May 13, 2024

Whistleblowing allegations at council relating to £13m contract overspend went unheard, report suggests

Whistleblowing allegations relating to contracts signed by Guildford Borough Council were not taken to members, according to an independent review conducted by SOLACE.

May 03, 2024

Council fails in application for security of costs as ex-recruitment contractor brings ‘poaching’ claim

Walsall Metropolitan Borough Council has failed in a security of costs application to the High Court over a dispute with a former recruitment contractor.

Apr 22, 2024

Cabinet Office confirms planned ‘go-live’ date of 28 October 2024 for new procurement regime

The Cabinet Office has confirmed that it is working towards a ‘go-live’ date for the new procurement regime of Monday 28 October 2024.

Apr 19, 2024

Council did not appear to conduct competitive procurement exercises for £500k social media payments, director of legal says (2)

An investigation into £500,000 worth of payments made by Essex County Council for social media campaigns has been unable to find what the selection process was like for awarding the work or whether there was a competitive process involved.

Apr 11, 2024

High Court dismisses procurement challenge over rejection of bid for non-compliance

The Department for Work and Pensions (DWP) did not act improperly when it exclude a non-compliant bid from a tender process, the Technology and Construction Court has found.

Mar 26, 2024

Government issues first set of guidance documents to aid understanding of Procurement Act 2023

The Cabinet Office has published a first batch of guidance documents aimed at providing technical guidance on the Procurement Act 2023 and helping with interpretation and understanding of the new regime.

FEATURES AND ANALYSIS

June 10, 2024

The Procurement Act 2023 (Commencement No. 3) Regulations 2024 – Transitional and Saving Provisions

The Procurement Act 2023 (Commencement No.3 and Transitional and Saving Provisions) Regulations 2024 (the “Regulations”) were published on 30 May 2024, having been made on 22 May 2024, alongside the Procurement Regulations 2024. Juli Law and Clarice Harper-Smith set out a summary of some of the key provisions of those Regulations and their implications.

June 06, 2024

New National Procurement Policy Statement published

On 13 May, the Government Commercial Function published a new National Procurement Policy Statement (the ‘NPPS’) which sets out the strategic priorities for public procurement and how contracting authorities (‘CAs’) can support their delivery. Juli Lau and Shyann Sheehy examine the key points.

May 30, 2024

The Procurement Regulations 2024

Juli Lau, Nicola Sumner and Shyann Sheehy outline some key provisions from the Procurement Regulations 2024.

May 28, 2024

The LGA’s Transformation Capability Framework – ‘what good looks like’

The Local Government Association has created the Transformation Capability Framework designed to provide guidance and resources to support and assist local authorities with achieving their transformation goals through transformation projects and programmes. Sally Stock and Clarice Harper-Smith look at the details.

May 24, 2024

Limitation in public contracts challenges

The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.

May 23, 2024

Bitesize PPAs – Synthetic Power Purchase Agreements

In their latest blog on power purchase agreements (“PPAs”) available for local authorities to consider when procuring electricity, Steve Gummer and Tom Knox provide a bitesize snapshot of synthetic (or virtual) PPAs and why local authorities should be considering them. They also provide a summary of the legal issues that local authorities will also need to consider.

May 15, 2024

Guidance on Transitional and Saving Arrangements Published

Ahead of the changeover to the Procurement Act 2023, on 22 April the Government Commercial Function published guidance on transitional and saving arrangements. Shyann Sheehy and Sally Stock look at the key points for contracting authorities.

May 03, 2024

Disclosure in procurement disputes

A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.

MORE NEWS

Mar 22, 2024

Ward Hadaway hires partners in boost to social housing and procurement teams

Law firm Ward Hadaway has strengthened its social housing and procurement teams in Newcastle with the hire of two partners.

Jan 30, 2024

Court of Appeal rejects appeal over finding that manifest error in procurement was not “sufficiently serious” for damages award

The Court of Appeal has upheld a High Court ruling that an error in the award of an NHS orthodontic contract was not sufficiently serious to entitle the claimant to Francovich damages.

Jan 22, 2024

Improving productivity in Government could save “tens of billions”, head of spending watchdog says

The head of the Government's public spending watchdog has said Government could save "tens of billions" by improving productivity.

Dec 22, 2023

Committee calls for clarity on how Procurement Act data rules will be implemented

The Public Accounts Committee has called on the Cabinet Office to set out clear directions and guidance for contracting authorities on publishing data on prospective and awarded contracts amid "significant issues" with the quality and completeness of published data.

Nov 29, 2023

Court of Appeal hears appeal over judgment that manifest error in procurement was not “sufficiently serious” for award of damages

The Court of Appeal is this week (29 November) hearing an appeal against a High Court ruling that an error in the award of an NHS orthodontic contract was not sufficiently serious to entitle it to Francovich damages.

Nov 24, 2023

Cabinet Office issues policy note on taking account of payment approaches of bidders in procurement of major Government contracts

The Cabinet Office has issued a procurement policy note on taking account of a bidder’s approach to payment in the procurement of major contracts.

Oct 12, 2023

Judge lifts automatic suspension in procurement challenge over provision of visa services to Home Office

The High Court has lifted the automatic suspension in a procurement challenge involving contracts for the provision of visa and citizenship application services to the Home Office.

Sep 25, 2023

Government issues procurement policy note on updates to Cyber Essentials scheme

The Cabinet Office has issued a procurement policy note on updates to Cyber Essentials, the Government backed scheme designed to help businesses protect themselves against a range of the most common cyber attacks and to demonstrate their commitment to cyber security.

Sep 11, 2023

High Court dismisses procurement challenge brought by group of sub-contractors over lack of standing

A High Court judge has dismissed an appeal brought by sub-contractors of Camelot over the lottery operator’s loss of a contract, cementing an earlier decision that found the sub-contractors did not have the standing to bring the procurement challenge.

Aug 01, 2023

Government issues procurement policy note on using standard contracts

The Government Commercial Function and Government Legal Department have unveiled three standard contracts for use by Government Departments, “and many other public sector organisations”, as part of their commercial activity.

Jul 25, 2023

Mills & Reeve bolsters contentious procurement offering with partner hire

Law firm Mills & Reeve has bolstered its Regulatory Public and Commercial Disputes (RPCD) team in the Midlands with the hire of contentious procurement specialist Claire Crawford.

Jul 21, 2023

Court of Appeal considers in procurement case when respondent’s notice is cross-appeal in disguise

The Court of Appeal has ruled on the correct use of a respondent’s notice in a dispute over the award of an NHS contract for orthodontic services in East Hampshire.

Jul 21, 2023

Infrastructure and Projects Authority issues guide on PFI Expiry Health Checks

The Infrastructure and Projects Authority (IPA) has published a guide for contracting authorities preparing for a PFI Expiry Health Check (EHC) undertaken by the Authority.

Jul 17, 2023

Cabinet Office issues second part of consultation on secondary legislation to implement Procurement Bill, with focus on transparency

The Cabinet Office has launched the second part of its technical consultation on the secondary legislation required to implement the new public procurement regime established by the Procurement Bill.

Jul 06, 2023

High Court grants council summary judgment in procurement challenge over bailiff services

A bailiff firm has failed in a High Court challenge to Breckland Council’s appointment of a rival to a contract on behalf of Anglia Revenues Partnership.

Jun 30, 2023

Welsh Government sets out timetable for commencement of social partnership and procurement laws

The Welsh Government has set out the commencement arrangements for The Social Partnership and Public Procurement (Wales) Act 2023, which received Royal Assent last month.

Jun 29, 2023

CoA removes costs cap in long running state aid dispute

The Court of Appeal has overturned a costs cap imposed by the Competition Appeal Tribunal in a long-running dispute between Durham County Council and a waste management firm named The Durham Company, which trades as Max Recycle.

Jun 19, 2023

Cabinet Office consults on draft regulations to implement Procurement Bill

The Cabinet Office has launched a consultation on the secondary legislation required to implement the new public procurement regime established by the Procurement Bill.

Jun 08, 2023

City council fails in bid to obtain security for costs against firm claiming £1m in Competition Appeal Tribunal battle

The Competition Appeal Tribunal has dismissed Leeds City Council's pursuit of an order for security for costs in a case brought by an advertising firm which claims its alleged exclusion from participating in the market for environmentally friendly roadside advertising space cost it more than £1m in lost profits.

May 31, 2023

Government sets up service aimed at “designing out” fraud when new public sector schemes and services launched

A new specialist anti-fraud service has been launched to help Whitehall departments prevent fraud in public services.

May 19, 2023

Combined authority concedes procurement proceedings over approach to late tender response

A combined authority has conceded procurement proceedings over a £300m helicopters contract and agreed to pay the claimant's costs in a dispute over its decision to refuse a late tender response.

Apr 06, 2023

Competition and Markets Authority fines construction companies £60m over bids for public and private sector contracts

The Competition and Markets Authority (CMA) has handed out fines totalling nearly £60m after concluding that ten construction firms had colluded on prices through illegal cartel agreements when submitting bids in competitive tenders for public and private sector contracts.

Mar 13, 2023

High Court lifts automatic suspension in procurement dispute over provision of audio-visual equipment to courts and tribunals

The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual ('AV') equipment for use by HM Courts and Tribunals Service.

Feb 24, 2023

High Court judge dismisses procurement claim alleging fault in tender platform, blames panic by bidder over deadline

Panic over an imminent deadline - and not a software fault in a tender platform - was the cause of a company missing its chance to bid for NHS contracts worth millions of pounds, the Technology and Construction Court has found.

Feb 20, 2023

Public procurement law specialist joins Monckton Chambers

Monckton Chambers has boosted its public procurement and public law offering with the arrival of specialist barrister Jonathan Lewis.

Feb 13, 2023

Government issues procurement policy note on tackling modern slavery risks in supply chains

The Cabinet Office has issued guidance setting out how UK Government departments must take action to ensure modern slavery risks are identified and managed in government supply chains.

Feb 10, 2023

Auditors call for further debate on effectiveness of standards regime in report on former council leader and contract award

The auditors behind a probe into the behaviour of a former council leader and the procurement of a contract with his physiotherapist’s firm have expressed the hope that their report will "encourage the ongoing debate around the effectiveness of the standards regime for local government and support mechanisms for both officers and members facing the same intractable difficulties".

Jan 16, 2023

Government faces judicial review over delay in publishing details of ventilator challenge contracts worth £250m

The Government is facing a judicial review challenge from the Good Law Project over a three-year delay in publishing the details of ventilator contracts worth £247m.

Dec 28, 2022

Judge lifts automatic suspension of £400m framework agreement for community equipment services for London boroughs

A High Court judge has lifted the automatic suspension of a £400m framework agreement being let by 21 London boroughs and other public bodies relating to the provision of community equipment services.

MORE FEATURES

April 23, 2024

The Procurement Act 2023: "go-live" confirmed

Emily Heard analyses the Cabinet Office's announcement of an intended “go-live” of Monday 28 October 2024 for the Procurement Act 2023.

April 19, 2024

Improving social value: a private sector perspective

Laura Thornton and Fergus Alexander set out some recommendations on how to deliver better results for social value in public procurement.

April 19, 2024

What’s in the Pipeline?

More government guidance on the Procurement Act has been published. Jenny Beresford-Jones sets out the main points.

April 12, 2024

Procurement Act 2023 – Teckal & Hamburg Exemption

Melanie Pears and Tim Care analyse the new obligations on contracting authorities in relation to the Teckal & Hamburg Exemption, drawing attention to any key changes from previous procurement legislation which contracting authorities ought to be aware of.

April 05, 2024

Avoiding late payment in construction - a fair payment practices guide

Allan Owen and Clarice Harper-Smith consider a variety of methods and options available to public sector contracting authorities and the wider construction industry to avoid issues of late payment in construction contracts.

March 28, 2024

Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988

Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of "non-commercial matters" in procurement processes.

March 18, 2024

Webinar: Varying a public contract

In this webinar, DWF's public procurement experts delivered a practical guide on how contracting authorities can vary a public contract in accordance with the Public Contracts Regulations 2015.

March 15, 2024

Condition precedents in light of Lancashire Schools v Lendlease

Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.

February 16, 2024

Procurement and transparency

Melanie Pears and Tim Care analyse the new obligations on contracting authorities in relation to 'Transparency', drawing attention to any key changes from previous procurement legislation which contracting authorities ought to be aware of.

February 16, 2024

Public procurement: sub-contracting and joint ventures

Two judgments published in 2023 set out valuable lessons for those interested in bidding for public procurement opportunities when thinking about whether to participate as a sub-contractor and how to structure bids involving multiple parties, writes Kyle Duggan.

February 09, 2024

Sufficiently serious breach?

Sarah Whittle and Daniel Taylor analyse a landmark Court of Appeal decision regarding procurement challenges.

January 05, 2024

Limitation periods in public contract direct awards

A recent High Court case highlights the importance of correct application of limitation periods under Regulation 93 of the Public Contracts Regulations 2015, writes John Houlden.

January 05, 2024

NEC101 – Key Case Law

Michael Comba and Shyann Sheehy examine key case law relating to the NEC suite of contracts, building on the topics explored by their colleagues in this series previously.

January 05, 2024

New Year, New Thresholds

Juli Lau looks at the latest procurement thresholds published by the Government last month.

November 30, 2023

Delivering the Procurement Act

Janet Lewis explains the role played by lawyers at the Government Legal Department in progressing the Government’s procurement reforms.

November 29, 2023

All change for commissioning health and social care

Now that the Procurement Act 2023 has received royal assent and the Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before parliament, Emma Watt, Steven Brunning and Amy Callahan-Page summarise the key changes affecting how adult social care services and health services will be commissioned and procured.

November 28, 2023