new Remedies Directive - contracts at a standstill?

Since the 'Alcatel' judgment (reported previously in this newsletter), a 'standstill' period of 10 days has been imposed between notifying the other bidders of the outcome and actually entering into a contract with the successful bidder. This position was formalised in the Public Procurement Regulations 2006. These changes will have a major effect on award procedures, are likely to increase both cost and the risk of challenge, and tend to undermine the current principle that awarded contracts will usually not be overturned. This in turn creates less certainty and more risk for bidders, particularly smaller businesses.

expansion into Bristol

Earlier this year we opened a new office in Bristol, providing a range of corporate legal services, specialising in mergers and acquisitions, private equity transactions and IPO's.

using procurement to help the disabled

One of the most basic principles of procurement is that of non discrimination – i.e. bidders must be treated equally. However, an exception to this is created by Article 19 of the Public Procurement Directive and the UK Public Contracts Regulations 2006.

Morgan Cole helps Asteral achieve a UK first in PFI Managed Service

Morgan Cole’s Procurement and Projects team recently helped Asteral, the leading vendor-independent Managed Equipment Service (MES) provider to the NHS, close a £130 million, 35-year deal to provide a diagnostic and clinical equipment support service at three new hospital sites in Peterborough, as well as an existing one in Stamford. This is the first time that a ‘vendor independent’ MES has been integrated into a PFI hospital build scheme.

Morgan Cole seminar on 'hot topics' in Procurement

We are planning to hold a seminar to deal with the procurement problems which most concern public bodies and utilities. Let us know you particular procurement headache, old or new, and we will try to include it in the seminar.