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Challenging procurement process and the public interest

Procurement Regulations Public Interest

The procurement regulations provide that, where a legal challenge based on a breach of the procurement regulations has been raised following the completion of a tender process, the public body procuring the contract is prohibited from entering into the contract with the successful bidder until the legal proceedings are resolved, or the court grants an

Procurement regulations, interim orders & public interest

Procurement process

The recent case of Glasgow Rent Deposit & Support Scheme against Glasgow City Council and Ypeople (decided on 6 December 2012) highlights the court’s reluctance to delay a contract award because of an alleged breach of the procurement regulations where this would be detrimental to the public interest. GCC tendered for a service providing increased access

All Change for Public Procurement Law?

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If you are a public body subject to the regime set down in the Public Contracts (Scotland) Regulations 2012 and the Utilities Contracts (Scotland) Regulations 2012, now is your chance to have your say on how the procurement regulations operate, and the Scottish Government’s proposals for change. The Scottish Government is currently running a consultation

New Public Procurement Regulations – Are You Complying?

Businesswoman Taking Notes

The Public Contracts (Scotland) Regulations 2012 came into force in May this year, replacing the 2006 procurement regulations. The new regulations consolidate the 2006 regulations and subsequent amending regulations into one document, as well as incorporating some important changes. What are the main changes?  Time limits for raising an action: Aggrieved tenderers must now raise

Housing Procurement: New Thresholds Announced

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The Public Contracts (Scotland) Regulations 2006 (as amended by the 2009 regulations) apply to all public contracts for works, services and supplies in Scotland, where the value of such contracts is above certain thresholds. These regulations govern the manner in which such contracts must be advertised and procured by public bodies, including RSLs. New threshold

Procurement Process: Challenging the Final Decision

Procurement Challenge

Under the procurement regulations, an organisation engaged in a procurement exercise should allow a “standstill period” of 10 days to elapse between notifying the tenderers of the successful party and awarding the contract. If an unsuccessful tenderer raises a legal challenge to the procurement process during the standstill period, the organisation cannot proceed to award

Procurement Process: Getting Framework Agreements Right

What is a framework agreement? A framework agreement is a “contract” under the procurement regulations, but it is not a contract in the traditional sense. It is an agreement whereby a number of contractors are appointed to the framework, and the client may award specific contracts to any one of those contractors during the lifetime

Procurement Process: How to get it right

Many of our clients come too late for procurement advice, as they have already received notice of a potential challenge under the procurement regulations. If you are about to embark on a procurement exercise you should ask the following at the outset: 1. What type of contract is it? The procurement regulations apply to contracts for

Procurement Process: How to Get the Basics Right

Following on from one of our most popular seminars last year, clients continue to have a lot of questions concerning procurement and rightly so.  The risk of getting it wrong can be very costly for an organisation. A common pitfall under the procurement regulations is a failure to make the distinction between selection and award

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