Procurement case law - winter 2020/2021
In this update, Capsticks’ procurement specialists summarise two important procurement cases for bidders and contracting authorities from winter 2020/2021.
Procurement Policy Note 01/21: Procurement in an emergency
PPN 01/21 reiterates the PPN issued at the start of the COVID-19 pandemic setting out the procurement options available to Contracting Authorities during an emergency—further highlighting the commercial risks inherent in direct awards without competition.
Procurement reform - Will the grass be greener on the other side?
The Government has issued its Green Paper on procurement reform. In this insight, we examine the proposals, whether this will be the simpler, cheaper regime promised and what procurement might look like for registered providers in the future.
Below threshold procurement after Brexit: What are our clients asking us?
The Cabinet Office has issued a new PPN setting out principles for the procurement of “below threshold” contracts following Brexit. We answer some of the most common questions around the new PPN.
PPN 04/20: Recovery and transition from COVID-19
A new PPN issued by the Cabinet Office provides further guidance on working in partnership with suppliers to deliver contracts during COVID-19, and also looks forward to transition planning in order to exit from relief in the period July to October.
Risks of abandoning a procurement
Most procurement teams will have needed to consider abandoning a procurement process at some point and perhaps particularly during the COVID-19 pandemic.
Procurement guidance: Responding to COVID-19
The Cabinet Office has issued a procurement policy note (PPN 01/20) setting out guidance on public procurement and responding to the COVID-19 outbreak, this details the procurement options to consider when responding to the impact of COVID-19.
Delay could be fatal for bidders in the tendering game
In Royal Cornwall Hospitals NHS Trust v Cornwall Council [2019] EWHC 2211 (TCC) the Technology and Construction Court has again confirmed that it is very risky for a bidder to delay bringing a claim under the Public Contracts Regulations 2015.
Capital Projects, Development Agreements and Procurement Rules
NHS clients are looking at innovative ways to seek investment in and development of their existing estate and facilities within limited budgets, but previously well-known solutions for these arrangements have been called into question.
Another healthcare contract suspension is maintained: Central Surrey Health v NHS Surrey Downs CCG
The Technology and Construction Court has maintained the suspension of adult health and social services contract, thereby preventing a commissioner from entering into a contract with its preferred bidder.
Confidentiality is not an automatic bar to disclosure
Marston Holdings Ltd v Ministry of Justice (HM Courts & Tribunal Service) [2018] EWHC 3168 (TCC)
Procurement – our top 10 tips to maximise savings and avoid hidden costs
There's been a lot of reports in the press about the great work being done by emergency services across the country to realise some key procurement savings and efficiencies.