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Greece to ensure fair access to public contracts
The European Commission has requested that Greece ensure full compliance with EU rules on public procurement as regards the purchase of an information system for the Social Security Foundation (IKA). In 2009, IKA launched an open public tender for the provision of services for operating an information system, valued at almost €7.5m. The call for [...]
(Continue reading)Do the procurement rules apply to public-public co-operation?
By Ruth McNaught, Solicitor, Harper Macleod LLP The European Commission has issued a guidance document on the application of the EU public procurement rules to co-operation between contracting authorities (‘public-public co-operation’). There have been a number of cases before the Courts considering the issue of the extent to which the public procurement rules apply to [...]
(Continue reading)North Irish Court of Appeal dismisses appeals against setting aside framework agreements
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 & Harvey Limited v Department of Finance & Personnel The Northern Irish Department of Finance & [...]
(Continue reading)Judicial review – widening the risk of challenge?
By Ruth McNaught, Solicitor, Harper Macleod LLP Contracting authorities’ exposure to procurement challenges has increased in recent years, most notably through the extensive range of remedies available to bidders aggrieved at the outcome of a procurement process. A challenge can be raised on the grounds of a breach of the Public Contracts Regulations 2006 (the [...]
(Continue reading)The Netherlands asked to respect procurement rules
The Netherlands has been requested by the European Commission to respect EU rules on public procurement when awarding contracts for processing and transporting of used paper. This would ensure that used paper processing and transport companies throughout the EU have an opportunity to seek this business and that Dutch taxpayers have the opportunity to get [...]
(Continue reading)Germany requested to take on board procurement rules
The European Commission has requested Germany to respect EU rules on public procurement concerning a waste disposal contract in Sachsen-Anhalt. This would ensure that other waste disposal companies have an opportunity to seek this business and German taxpayers have the opportunity to get better value for money. The Commission’s request to Germany takes the form [...]
(Continue reading)EU Commission acts to ensure fair access to IT services in Italy
The European Commission has requested Italy to comply with EU rules on public procurement – the spending of public money by public authorities – as regards the award of information technology (IT) service contracts by the Italian Region of Molise. If Italy does not inform the Commission within two months of measures taken to ensure [...]
(Continue reading)Henry Brothers (Magherafelt) Ltd & Ors v Department of Education for Northern Ireland [2011] NICA 59
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND________ BETWEEN: HENRY BROTHERS (MAGHERAFELT) LIMITED,F B MCKEE AND COMPANY LIMITED andDESMOND SCOTT and PHILIP EWINGTRADING AS WOODVALE CONSTRUCTION COMPANY LIMITED Plaintiffs/Respondents; -and-DEPARTMENT OF EDUCATION FOR NORTHERN IRELAND Defendant/Appellant. ________Before: Morgan LCJ, Higgins LJ, and Weatherup J ________ MORGAN LCJ [1] The appellant Government department commenced a [...]
(Continue reading)McLaughlin & Harvey Ltd v Department of Finance & Personnel [2011] NICA 60
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND________ BETWEEN: McLAUGHLIN AND HARVEY LIMITED Plaintiff/Respondent; -and-DEPARTMENT OF FINANCE AND PERSONNEL Defendant/Appellant. ________Before: Morgan LCJ, Higgins LJ, and Weatherup J ________ MORGAN LCJ [1] The appellant issued an open competition for contractors to be placed on a Framework Agreement whereby they could then tender for individual [...]
(Continue reading)Changing existing contracts and the procurement rules – buyer beware?
By David Hansom, partner and head of public sector team, Veale Wasbrough Vizards The Government has announced a plan to revisit existing PFI contracts to renegotiate terms with a view to bringing about further savings through contract changes. But at what point do the procurement rules bite? David Hansom looks at the key issues to [...]
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