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Introduction The High Court has granted an application by the Ministry of Defence (MoD) to lift the automatic suspension on the award of a contract. This is an important case in illustrating the Court’s procedure in determining the suspension of the award of contracts and how national defence interests will be viewed as part of this judicial analysis. Under Regulation 56(1) of the Defence and Security Public Contracts Regulations 2011 (the Regulations), where a claim form is issued to challenge –Read More–

Latest Developments in EU Public Sector, Utilities and Defence Procurement This live webinar presented by Robert Bell and Roman Madej will provide a review of the latest leading EU and UK procurement cases and legislative changes. The webinar will examine new EU Directives and key problem areas such as award criteria, evaluation of bids, post tender changes and under the threshold procurements. This presentation will be of practical use to any company which tenders for public and utility contacts in –Read More–

On 2 July 2014, the English High Court held that Mansfield District Council (MDC) had breached EU law in the award of two sub-threshold procurement contracts by failing to advertise them publicly. This ruling is a salutary reminder to contracting authorities of the importance of abiding by the general principles of equal treatment, non-discrimination, transparency and proportionality contained in the Treaty on the Functioning of the European Union (TFEU) when awarding contracts which fall below the financial thresholds in the –Read More–

On 11th February 2014 the European Council adopted a package of measure which signal a major modernisation and reform of the existing public procurement rules in the EU. The current procurement rules date back to 2004. The legislative package consists of the following:- • New Public Sector Directive:- a directive on public procurement by the public sector (replacing Council Directive 2004/18/EC); • New Utilities Directive:- a directive on procurement by entities operating in the utilities sectors: water, energy, transport and –Read More–

The European Commission has published revised financial thresholds relating to the application of the procedures for the advertising and award of contracts under the EU Public Procurement Directives (Directive 2004/17 (Utilities), Directive 2004/18 (Public Sector Contracts) and Directive 2009/81 (Defence and Security Contracts)). The new thresholds apply from 1 January 2014. These thresholds are revised every two years to ensure that they remain consistent with those that are used for the WTO Government Procurement Agreement and these requirements are incorporated –Read More–