Procurement Act government guidance – Perhaps 'not a reliable method of interpretation of the law'?

Andrew Millross looks at what might happen where there is a possible misalignment between the words of the Procurement Act 2023 and government guidance. Read more

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November 01, 2024

Contract management and performance

Bradley Martin looks at the new requirements under the Procurement Act 2023 in relation to the management of contracts.
October 04, 2024

Procurement Act 2023: Are you ready?

Louise Bennett sets out the key considerations for contracting authorities when they come to launch a procurement exercise under the incoming Procurement Act 2023.
October 01, 2024

Unpicking the Procurement Act Episode 4: Challenges and Remedies

39 Essex Chambers Barrister Katherine Barnes is joined by Laura Thornton, Associate Director at Osborne Clarke, to discuss challenges and remedies under the Procurement Act 2023. Having identified the main changes, the speakers go on to consider the significance of the changes.
October 01, 2024

Unpicking the Procurement Act Episode 3: Contract Modification

In this episode, 39 Essex Chambers barrister Katherine Barnes is joined by Jonathan Davey, Partner at Addleshaw Goddard specialising in procurement and commercial law, to discuss the rules for the modification of contracts under the Procurement Act 2023, the extent to which these represent a substantive change in practice and possible difficulties arising.

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October 01, 2024

Unpicking the Procurement Act Episode 2: Exclusion and Debarment

39 Essex Chambers barrister Katherine Barnes and Parishil Patel KC is joined by Lucy James, partner and National Head of Commercial Litigation at Trowers & Hamlins, to discuss the grounds on which suppliers can be excluded under the Procurement Act 2023, the new debarment list and the implications of these for procurement practice and litigation.
October 01, 2024

Unpicking the Procurement Act Episode 1: Overview and New Procedures

In the first episode of this series, Katherine Barnes and Rose Grogan of 39 Essex Chambers introduce the Procurement Act 2023 and its new procurement procedures. Over multiple episodes, Katherine Barnes, public, procurement and planning barrister at 39 Essex Chambers, will discuss the key changes to public procurement under the Procurement Act 2023 with various expert speakers. The podcast takes…
September 17, 2024

Procurement Act 2023: What does the delay mean for you?

On 12 September, the Government confirmed the rumours and the highly anticipated Procurement Act 2023 (the “Act”), due to come in to force on 28 October 2024, will now be delayed until 24 February 2025 [1]. Whilst this may result in a sigh of relief for many, write Sophie Mcfie-Hyland and Lorraine Spurling, for others it will trigger a huge chorus of “so where does this leave my planned…
July 26, 2024

Challenges to exclusion

Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
July 26, 2024

Challenges to exclusion

Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
July 12, 2024

Update on limitation periods

A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.
July 05, 2024

The new procurement regime approaches

With the introduction of the Procurement Act 2023 little more than four months away, Clare Hardy provides an overview of the key changes coming into force
June 25, 2024

Shareholders amend Articles of Association by conduct

In a recent case the High Court held a company’s articles of association were amended via shareholders’ conduct. This case, which concerned the appointment of directors in a company, highlights the potential for informal actions to amend a company’s constitution, write Sophie Alexander and Elizabeth Withers.
June 06, 2024

New National Procurement Policy Statement published

On 13 May, the Government Commercial Function published a new National Procurement Policy Statement (the ‘NPPS’) which sets out the strategic priorities for public procurement and how contracting authorities (‘CAs’) can support their delivery. Juli Lau and Shyann Sheehy examine the key points.
May 28, 2024

The LGA’s Transformation Capability Framework – ‘what good looks like’

The Local Government Association has created the Transformation Capability Framework designed to provide guidance and resources to support and assist local authorities with achieving their transformation goals through transformation projects and programmes. Sally Stock and Clarice Harper-Smith look at the details.
May 24, 2024

Limitation in public contracts challenges

The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.
May 23, 2024

Bitesize PPAs – Synthetic Power Purchase Agreements

In their latest blog on power purchase agreements (“PPAs”) available for local authorities to consider when procuring electricity, Steve Gummer and Tom Knox provide a bitesize snapshot of synthetic (or virtual) PPAs and why local authorities should be considering them. They also provide a summary of the legal issues that local authorities will also need to consider.
May 15, 2024

Guidance on Transitional and Saving Arrangements Published

Ahead of the changeover to the Procurement Act 2023, on 22 April the Government Commercial Function published guidance on transitional and saving arrangements. Shyann Sheehy and Sally Stock look at the key points for contracting authorities.