I’m dreaming of a perfect procurement That's advertised transparently With a reminder On Contracts Finder Of every 'opportunity'...I'm dreaming of a perfect procurement That treats all bidders equally With criteria apparent In docs transparent And published electronically...As for what happens when you try to submit a bid and the computer says no well, that’s another story… The new EU Directive 24/14 on public procurement was implemented in England and Wales by the Public Contracts Regulations 2015 (“PCR 2015”) in February last year.
Also, the guidance requires contracting authorities to use the standard wording provided at Annex B, giving the contracting authority a right to terminate a contract if breaches of social, environmental or labour law come to light. What practical guidance is provided in relation to exclusion, specification, award, and contract lifecycle?In relation to exclusion, the guidance helpfully sets out how exclusion grounds may be used to further social policy goals.This mechanism allows a supplier who has breached one of these criteria to provide evidence of measures it has taken to address the issue.The contracting authority can then decide whether it views these measures as adequate and whether to exclude the supplier.(3) Do I really need to have all the documents ready to publish when the advert is published? If you too are wondering about any of these questions, please get in touch!
Roundabout now we also usually succumb to a little festivity and this year is no exception……
Around specification, the guidance highlights how labelling requirements could be used to allow a contracting authority to further environmental goals (for example, labels to certify energy efficiency standards).
There is a reminder of the conditions the label concerned must meet in order to be acceptable under the PCR 2015 (particularly, the requirements for use of the label must be based on objective and non-discriminatory criteria and be established by an authority not linked to the contracting authority, “equivalent” labels must also be accepted and there must be a clear with the subject matter of the contract in question.).
Had the Authority done so here it was likely that it would breach the principle of equal treatment.
It is not always easy to draw the distinction between an ambiguity which might be clarified and the kind of correction which effectively gives the erring bidder a second chance.
If cases before the courts are any reflection then there are a significant number of tenders submitted accidentally either with the wrong information, out of date information or, worst of all, completely blank…it does happen just ask the Legal Aid Agency.