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Challenging the procurement process

Challenging the procurement process

If you are considering challenging the procurement process are you aware that the courts will consider the 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 interim order lifting this prohibition.

In the case of Hastings

Procurement interim orders & public interest

Procurement interim orders & public interest

The 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 to housing for the homeless and specifically the provision of a deposit guarantee scheme and temporary furnished accommodation. The pursuer raised the action and asked that the decision to award

All Change for Public Procurement Law?

All Change for Public Procurement Law?

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 public procurement regulations operate, and the Scottish Government's proposals for change relating to procurement law.

The Scottish Government is currently running a consultation into The Procurement Reform Bill, the aim of which is to establish a national legislative framework for sustainable public procurement that supports Scotland's economic growth

Comply with Public Procurement Regulations

Comply with Public Procurement Regulations

How do you comply with the new public procurement regulations? The Public Contracts (Scotland) Regulations 2012 came into force in May 2012, replacing the 2006 procurement regulations.

The new regulations consolidate the 2006 public procurement 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 a court action against a public body carrying out a procurement exercise within thirty days of the date on

Procurement Process: Challenging the Final Decision

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 the contract without first obtaining an order from the court.

In a recent case from Northern Ireland (Rutledge Recruitment and Training Limited v Department for Employment and Learning)

Procurement Process and framework agreements

Procurement Process and framework agreements

When going through a procurement process how do you ensure you are getting your framework agreements right?

What are framework agreements?

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 of the framework. However, there is no obligation on the client to do so.

Get the procurement process basics right!

Get the procurement process basics 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 works, services and supplies. Although it seems easy to identify what constitutes 'work' that isn't always the case!

A good rule of thumb to follow is that maintenance of

Procurement Process: Get the Basics Right

Procurement Process: Get the Basics Right

Clients continue to have a lot of questions concerning the procurement process and rightly so. The risk of getting it wrong can be very costly for an organisation. So just how do you get the procurement process right?

A common pitfall under the procurement regulations is a failure to make the distinction between selection and award criteria. Such failures can be costly, leading to a challenge under the regulations. Although it seems that there is little guidance in the area, there are some useful hints