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As January flies by we are already up to number 3 in our series on the new Regulations. This briefing looks at the new "light touch regime" or "SOS services" as the less snappily titled "social and other specific services" are being commonly referred.
The second in our series on the draft Public Contracts Regulations 2015 due to come into force this year focusses on below threshold contracts and the SME agenda how they are addressed.
Welcome to the first of our series of briefings aiming to clarify what's new under the draft Public Contracts Regulations 2015, due to come into force this year. We are releasing weekly briefings over the next couple of months to alert you to some of the main provisions and what to be aware of. We will also shortly release dates for training events across the country.
In a blow for claimants and good news for defendants, the High Court has decided that if:
The winning bidder is entitled as a matter of principle to recover its costs from the losing claimant.
The recent Judgment in the case of Edenred v HM Treasury and another  EWHC 3555 is the latest in a line of recent decisions of the Court to maintain the automatic suspension which applies in circumstances where an aggrieved bidder issues proceedings against a Contracting Authority prior to it entering into the contract with the preferred bidder.
A new PPN policy guidance note from Central Government requires contracting authorities to include Cyber Essentials requirements in their procurement of any new contracts where those contracts involve the supplier:
A recent European case has confirmed that the inclusion of a requirement for tenderers to ensure a minimum wage was paid to employees of sub-contractors was unlawful where those employees would be performing the services entirely in another EU member state.
…… and for those of you who have read the Directive you'll see the Regulations really do follow the Directive without much embellishment or change.
In-scope authorities must comply with new minimum standards for products and services which are purchased, or buildings which are purchased or rented, on or after 5 June 2014. A new Procurement Policy Note (Action Note 07/14) requires compliance with set energy efficiency standards when purchasing products and services, and purchasing or renting buildings to ensure government compliance with the Energy Efficiency Directive 2012/27/EU. The PPN issued 3 June comes only just in time to meet the implementation date required by the Directive of 5 June 2014.
The PPN notes that the Directive requires the government to encourage other public bodies to follow the Central Government example but goes no further in terms of requiring steps to be taken.
For an aggrieved unsuccessful bidder, bringing a procurement challenge requires fast action in circumstances where the bidder may not be able to point to each and every breach of the Public Contracts Regulations 2006, and is often acting with little more than a feeling that something was not quite right with the process.
A new Procurement Policy Note (PPN 06/14) highlights that the Crown Commercial Service has published two new sets of "light touch" terms and conditions for purchasing goods or services.
Voluntary ex-ante transparency (VEAT) notices can offer a big reduction in the timing of risk exposure in procurements, however a recent Advocate General's opinion on their use of to avoid the remedy of ineffectiveness has clarified the circumstances in which they will and will not have their intended effect.
The European Commission has revised the thresholds for the application of the EU public procurement rules, as implemented by the Public Contracts Regulations 2006 for the public sector. Although the thresholds expressed in Euro figures have been slightly increased, the thresholds for UK contracting authorities are now slightly lower than previous thresholds applicable in the UK, which is mainly due to fluctuations in exchange rates.
You may have heard that the ongoing reform of public procurement regulation reached a critical stage in the EU legislative process at the end of June, with the European Parliament (Parliament) and the Council of the European Union (Council) reaching provisional agreement on three different procurement directives: a revised public sector directive; a revised utilities sector directive; and a new directive for the award of concessions contracts.
The EU/Competition Team at DAC Beachcroft has played an active role in the shaping of the texts since the early stages of the review process. It has, therefore, been able to discuss the agreed texts, which are currently not yet publicly available, with the European Commission.
To execute successful deals in the insurance sector, you need support from an experienced legal team that combines real transactional expertise and experience with genuine knowledge of how the insurance market operates and how it is regulated.
DAC Beachcroft has this combination and – with insurance at the heart of its business – can provide you with scaleable legal support covering corporate, commercial, regulatory, real estate and employment law.
In January of this year, the EU Commission published a Paper on "The modernisation of EU public procurement policy: Towards a more efficient European Procurement" Commission's ideas for changes to the EU rules and invited responses from the public (the deadline was 18 April).
Brent London Borough Council and others (Harrow London Borough Council) v Risk Management Partners Ltd
Overturning the decision of the Court of Appeal, the Supreme Court has concluded that the Teckal exemption covers the provision of services by "in-house" shared service bodies where control of those bodies is exercised collectively by all their customers, and that Teckal can cover insurance contracts. This decision is likely to assist public bodies looking for new ways to share resources and deliver services in the current climate of restricted public spending...
This issue contains local authority focused articles regarding public procurement, shared services, CPOs and public disclosure.
Development agreements and the procurement regime - June 2010
This guidance follows on from the recent case of Helmut Müller GmbH v Bundesanstalt für Immobilienaufgaben.
It was not too long ago that development agreements were thought to be exempt from the EU procurement regime. That is no longer the case. Many current forms of development agreement are caught by the EU procurement rules, as implemented by the Public Contract Regulations 2006 (Regulations). Recent case law and guidance has made this clear.
This brief guide for public authorities sets out some of the key decisions to be taken and pitfalls to be avoided when entering into development agreements in the UK...
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