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Posts tagged EU law

Is complex EU law to blame for West Coast Main Line contract problems?

October 25, 2012

Alan Heron,-Director-of-Operations,-CEL-GroupNon-compliance to EU procurement rules has recently cost the government £40 million. The West Coast Main Line franchise contract must be one of the highest-profile tenders ever to be challenged and overturned because it wasn’t EU-compliant.

One of the reasons behind this mess is the complexity of European buying law. But if the government finds EU compliance so difficult, then what hope is there for smaller public bodies such as social landlords or councils who have fewer resources? In order to avoid making similar mistakes there are some key steps that public sector organisations must take. (more…)

An exception, rather than the rule

January 23, 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…)

EU procurement proposals are an iceberg that will sink UK reforms

January 12, 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…)

Clarification on contract challenges is good news for buyers

August 26, 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…)