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.
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  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.