Legal Blog

‘Contracting authority’ – definition difficulties

Written on 20 Feb, 2012 at 11:42 in Featured Content, Legal, Legal Blog | viewed 95 views times | No Comments

By Ruth McNaught, Solicitor, Harper Macleod LLP The High Court’s 20 January 2012 judgment in Alstom Transport v Eurostar International Limited, [2012] EWHC 28 (Ch), considered as a preliminary issue whether the defendant, Eurostar International Limited (‘Eurostar’), fell within the... (Continue reading)

Tagged with: Alstom Alstom Transport v Eurostar International Limited Channel Tunnel Deutsche Bahn EU Procurement Directives Eurostar Eurostar International Limited Harper Macleod LLP Law Legal maintenance contract Public Contracts Regulations 2006 public procurement Ruth McNaught tender process

New thresholds now in force

Written on 5 Jan, 2012 at 12:17 in Featured Content, Legal, Legal Blog | viewed 448 views times | No Comments

Ruth McNaught, Solicitor at Harper Macleod LLP The EU Commission has published the new financial thresholds which will apply from 1 January 2012 through to 31 December 2013 for the application of the Public Contracts Regulations 2006, the Utilities Contracts... (Continue reading)

Tagged with: Defence and Security Public Contracts Regulations 2011 EU Commission financial thresholds Harper Macleod LLP Law Legal Procurement Public Contracts Regulations 2006 Ruth McNaught service contracts supply contracts Utilities Contracts Regulations 2006 VAT

EU General Court rejects appeal against Commission contract award decision

Written on 21 Dec, 2011 at 15:07 in Featured Content, Legal, Legal Blog | viewed 562 views times | No Comments

Daradjeet Jagpal, Solicitor at Harper Macleod LLP The EU General Court has rejected Greek company European Dynamics’ appeal against the rejection of its tender by the European Commission on the basis there had been no errors in the tender evaluation.... (Continue reading)

Tagged with: contract award Daradjeet Jagpal EU General Court European Dynamics European eGovernment services Harper Macleod LLP interoperability Law Legal procurement rules public procurement Tender

‘Abnormally low’ bids

Written on 14 Dec, 2011 at 17:39 in Legal, Legal Blog | viewed 507 views times | No Comments

By Ruth McNaught, Solicitor at Harper Macleod LLP Competitive tendering is an obvious way to achieve fiscal savings for contracting authorities. But what if a tenderer submits a bid that appears to be abnormally low? Does the contracting authority have... (Continue reading)

Tagged with: competitive tendering contracting authorities Directive: Article 55 of Directive 2004/18 fiscal savings Harper Macleod LLP Law Legal blog low bid Morrison Facilities Services Limited v Norwich City Council Procurement Public Contracts (Scotland) Regulations 2006 Public Contracts Regulations 2006 Ruth McNaught Tenders Varney v Hertfordshire County Council [2010]

Council acted irrationally and in error of law in awarding a contract

Written on 6 Dec, 2011 at 14:16 in Featured Content, Legal, Legal Blog | viewed 741 views times | No Comments

By Daradjeet Jagpal, Solicitor, Harper Macleod LLP In Sidey Limited v Clackmannanshire Council, the Court of Session in Scotland held that Clackmannanshire Council acted irrationally and in error of law in awarding a contract. The Council issued an invitation to... (Continue reading)

Tagged with: Clackmannanshire Council Court of Session Government Harper Macleod LLP Legal Local Government private sector public sector

European Commission Revises Guidance on Green Public Procurement

Written on 29 Nov, 2011 at 9:48 in Featured Content, Legal, Legal Blog | viewed 369 views times | No Comments

By Daradjeet Jagpal, Solicitor, Harper Macleod LLP The European Commission has revised its guidance on green public procurement (GPP), which outlines the role and importance of green public procurement, and how environmental issues can be taken into account at each... (Continue reading)

Tagged with: contracting authority Daradjeet Jagpal Environment EU Member States European Commission GPP Green Public Procurement Harper Macleod LLP Legal procurement law public procurement sustainability

Unlawful exclusion from participation

Written on 16 Nov, 2011 at 10:03 in Legal, Legal Blog | viewed 195 views times | No Comments

By Ruth McNaught, Solicitor at Harper Macleod LLP On 27 October 2011, the European Commission announced that it had requested Greece to ensure full compliance with EU rules on public procurement in relation to the purchase of an information system... (Continue reading)

Judicial review of contract award decision refused

Written on 10 Nov, 2011 at 11:40 in Legal, Legal Blog | viewed 275 views times | No Comments

By Daradjeet Jagpal, Solicitor, Harper Macleod LLP In Hossacks (A firm of Solicitors) v The Legal Services Commission, the High Court dismissed an application for judicial review of a decision by the Legal Services Commission to reject a tender for... (Continue reading)

Tagged with: bidder contract award criteria Daradjeet Jagpal England Equality Harper Macleod LLP High Court Hossacks (A firm of Solicitors) v The Legal Services Commission ITT Law Legal Legal Services Commission Northamptonshire PQQ Pre-Qualification Questionnaire public procurement Tender Transparency Wales

Remedies and time limits: a summary

Written on 1 Nov, 2011 at 16:49 in Legal Blog | viewed 294 views times | No Comments

By Ruth McNaught, Solicitor, Harper Macleod LLP On 7 September, we blogged about the introduction of the Public Procurement (Miscellaneous Amendments) Regulations 2011 (‘New public procurement regulations impact timelines for making complaints’), which came into force on 1 October 2011.... (Continue reading)

Tagged with: bidders Central Government Harper Macleod LLP Legal Local Government procurement law procurement rules Public Contracts (Amendments) Regulations 2009 Public Procurement (Miscellaneous Amendments) Regulations 2011 Remedies Directive Ruth McNaught

North Irish Court of Appeal dismisses appeals against setting aside framework agreements

Written on 12 Oct, 2011 at 14:37 in Legal Blog | viewed 290 views times | No Comments

Daradjeet Jagpal is a solicitor at Harper Macleod LLP The Northern Irish Court of Appeal has dismissed two appeals against High Court rulings setting aside framework agreements which had been entered into by the Northern Irish Government. (1) McLaughlin &... (Continue reading)