The Supply Management jobsite

Law blog

An exception, rather than the rule

23 January 2012 |

Following Francis Maude’s statement to public sector buyers on a ‘presumption against competitive dialogue’, you could be forgiven for being a little confused.

Competitive dialogue has always been an exception route, to be used only where the open and restricted procedures cannot generate the required outcome or where the authority does not know the detail of what it wants to buy (and how) in advance. Nothing new in the most recent statement, then? (more…)

3

EU procurement proposals are an iceberg that will sink UK reforms

12 January 2012 |

Just before Christmas, the EU sneaked out proposals for a new public procurement directive. You could lose the will to live in trying to digest the hundreds of pages of draft new laws. While some of it sounds good, the devil is in the detail. But the net effect will be to sink a series of flagship policies from the coalition government. For instance: (more…)

3

SLAs at your service

26 October 2011 |

Service level agreements – or SLAs – had long been seen as the domain IT service provision but are now broadly used in many industry sectors to help provide a framework of understanding. These can encompass such critical areas as mechanisms for monitoring and reporting of service, as well as service standards. (more…)

1

Legal challenges give buyers an Olympic headache

13 October 2011 |

So the government has ultimately decided to scrap the tender for the 2012 Olympic Stadium tenancy, and start a new one on different terms.

An anonymous complaint to the European Commission – asking for an investigation into whether the preferred bid broke rules on state aid – was reported to be the final straw for the Department of Culture, Media and Sport (DCMS), which bemoaned the “legal paralysis” that has affected the tender. (more…)

1

Clarification on contract challenges is good news for buyers

26 August 2011 |

The Cabinet Office yesterday published the long awaited new amendment regulations to deal with the issue caused by the European Court of Justice’s (ECJ) decision in the Uniplex case. These are important changes to the rules and will apply from 1 October 2011.

The Public Procurement (Miscellaneous Amendments) Regulations 2011 will apply to the Public Contract Regulations rules in England, Wales and Scotland, the Utilities Contracts Regulations and the Defence and Security Public Contracts Regulations. (more…)

0

Sensible suggestions, but will the EC listen?

8 August 2011 |

Much of the UK government’s response to the EC’s consultation on changing public procurement rules is inoffensive and unlikely to cause much of a fuss.

Methods put forward to make the rules less complicated, helping SMEs win contracts and increasing the way public buying supports sustainability and innovation are all broadly in line with what the Commission also wants to achieve.

And while most of the document is framed in diplomatic, civil-service-speak, there are a few pointed remarks, most notably that the EC’s previous attempt to modernise and simplify the rules actually made them more unclear and complex. (more…)

0

Be responsible on data protection or pay a high price

15 July 2011 |

Warren HillierRecent high-profile data breaches including 100 million Sony Games users’ data being hacked and a pre-school fined for posting parent information publicly has highlighted the risk of inadequate data protection.

Customer data is precious, employee data too, yet how much rigour are brands applying to its protection? True event experts consider the risk of selecting certain destinations, carrying out health and safety and environmental assessments and compiling contingency plans, but are they missing the obvious? (more…)

1

No corporate hospitality please, we’re British

8 July 2011 |

The Bribery Act 2010 came into force this week and has been well covered in SM with the Act throwing corporate hospitality into the spotlight.

Despite the expectations of some, the Act remains vague in respect of where the line is drawn between taking hard cash (nasty), and entertaining corporate guests at high profile events at Henley, Wimbledon, Twickers and Wembley (considered by many to be acceptable).

Few, if any, commentators are predicting a raft of court cases for companies and their staff over-stepping the line, because nobody really knows where the line is. (more…)

5

British contracts for British firms?

6 July 2011 |

Public procurements always seem to get a bad press. Despite the great achievements of everyone involved in public purchasing to do more every day with ever-decreasing budgets, it is only the failures that grab the column inches.

Bombardier’s defeat in the Government’s procurement of £1.4 billion of rolling stock for Thameslink is being blamed on the EU procurement rules, on the basis that there was no scope to consider location of the contractor as an evaluation criteria, and that without the rules the UK economy would be flourishing.

The more vocal unions have also come out accusing other member states of following the rules less rigorously than we do in the UK. (more…)

7

Procurement rules: €20 billion saved at a cost of €5 billion

30 June 2011 |

Not an organisation to let a small thing like a financial meltdown get it down, the European Commission yesterday published a rather self-congratulatory statement entitled How the EU budget delivers value to you.

I’m sure it was mere coincidence that it appeared on the same day the Commission also announced it wants a 5 per cent budget increase and new tax to pay for it. (more…)

3