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A rational, just and lawful Legal Services Commission, again

By Amy Mackenzie, Researcher, Harper Macleod LLP The Legal Services Commission (LSC) has again succeeded in a legal action brought by a legal firm which questioned whether its tendering process complied with procurement Regulations and corresponding principles (Parker Rhodes Hickmotts... (Continue reading)

Second chances for clerical errors?

By Ruth McNaught, Solicitor, Harper Macleod LLP Following on from our recent post titled Electronic Tendering Mishaps, the Legal Services Commission has once again succeeded at the High Court in an application by an unsuccessful tendering law firm for review... (Continue reading)

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Automatic suspension lifted

By Ruth McNaught, Solicitor, Harper Macleod LLP In April, the court lifted an automatic suspension imposed under Regulation 47G of the Public Contracts Regulations 2006 (the “Regulations”), finding that, if the suspension remained in place, the resultant “prejudice” that the... (Continue reading)

Incorrect assessment and application of award criteria

By Daradjeet Jagpal, Solicitor, Harper Macleod LLP In Harry Yearsley v The Secretary of State for Justice, the High Court considered if inconsistencies between the assessment and application of award criteria and weightings as outlined in the ITT, and how... (Continue reading)

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Electronic tendering mishaps

By Ruth McNaught, Solicitor, Harper Macleod LLP  It has been reported that two legal aid firms have been unsuccessful in tendering for key legal work owing to an IT error occurring during the tender process – R (on the application... (Continue reading)

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Public Procurement in the Affordable Housing Sector

By Daradjeet Jagpal, Solicitor at Harper Macleod LLP A recent study of the use of public procurement within the affordable housing sector in Scotland, commissioned by the Scottish Government, has found that there are varied levels of procurement maturity, awareness... (Continue reading)

Keep the principles in mind

By Ruth McNaught, Solicitor, Harper Macleod LLP The Court of Appeal in England and Wales has upheld a decision of the High Court to dismiss a claim against a contracting authority on the basis that there were “no reasonable grounds... (Continue reading)

Bribery Act 2010 and its effect on procurement

By Ruth McNaught, Solicitor, Harper Macleod LLP The UK Government has released a guidance paper about the procedures that commercial organisations can put in place to reduce their exposure to bribery and to improve understanding of the mechanics of the... (Continue reading)

Price and quality criteria: ensuring transparency and equality

By Daradjeet Jagpal, Solicitor, Harper Macleod LLP A recent decision of the High Court of Justice in Northern Ireland has again highlighted the need for contracting authorities to act transparently when disclosing evaluation criteria to bidders. In the case of... (Continue reading)

Between a rock and a hard place: balancing tender debriefs with confidentiality

By Ruth McNaught, Solicitor, Harper Macleod LLP At the end of a procurement exercise, contracting authorities can often feel they are stuck between a rock and a hard place: they need to provide a proper debriefing to unsuccessful bidders at... (Continue reading)

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