November 26, 2012
Businesses and public sector organisations want to work with buyers and suppliers with as little dispute as possible. A key requirement is clarity of terms used in discussions and documents relating to trading relationship and contractual agreements. Ultimately, there needs to be sufficient clarity to enable a judge to enforce their agreement – in the worst case scenario. (more…)
October 25, 2012
Non-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…)
September 17, 2012
real viagrawidth=”100″ height=”100″ />Last week a study, The Social Cost of Litigation by professor Frank Furedi and Jennie Bristow of the University of Kent, was published by the Centre for Policy Studies. And I believe its message – that a culture of litigation has resulted in significant cost to services – also applies to procurement processes.
We all know how cumbersome an OJEU process can be, and we all accept the challenges it can pose to buyer and bidder, not to mention legal challenges that appear like mushrooms after the rain. (more…)