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1. A new PPP interview is up, this time with Piotr Bogdanowicz from Warsaw University. As with the previous episode we discussed at length the issues surrounding cross-border interest in contracts not covered by the Directives. Previous episodes can be found here and also on iTunes. 2. The Welsh
Public Procurement
Regulation 105 - Scope of Chapter 7 This Regulation establishes the scope of Chapter 7 (Regulations 105 - 108). These Regulations establish some assorted rules about publication of contract and award notices on Contracts Finder and how to deal with qualitative selection for contracts that are covered by Part 2 (ie, contracts
Public Procurement
Regulation 104 - Injunctions against the Crown This Regulation is straightforward and does not warrant much comment from a procurement point of view. It authorises the Court to grant an injunction against the Crown irrespective of section 21 of the Crown Proceedings Act 1947.
Public Procurement
Regulation 103 - Ineffectiveness etc. in relation to specific contracts based on a framework agreement This Regulation defines rules that are applicable only to contracts tendered via a framework agreement. As in other regulations, this one starts with a definition, in this case of "specific contract" - any contract based
Public Procurement
Regulation 102 - Penalties in addition to, or instead of, ineffectiveness Regulation 102 defines the situations whereby the Court may (or has to) apply penalties to the contracting authority for the breach of its duties which lead (or could have led) to a declaration of ineffectiveness. For the administrative civil lawyer
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1. Portuguese Audit Court unimpressed with PFI/PPP hospital (Portuguese only). The Audit Court analysed the first couple of years of the Loures privately managed hospital in Portugal and did not find significant management improvements in comparison with the best publicly managed hospitals. Its management is better than average for
Public Procurement
Regulation 101 - The consequences of ineffectiveness In Regulation 101 we can find the consequences of a declaration of ineffectiveness. Contrary to other jurisdictions where contracts are considered to be null and void from the start because the award decision was illegal, in England, Wales and Northern Ireland, ineffectiveness only produces
Public Procurement
Regulation 100 - General interest grounds for not making a declaration of ineffectiveness Regulation 99 establishes a number of limited grounds whereby the court may declare the ineffectiveness of a contract. Regulation 100 establishes exceptions to those grounds effectively mandating the court not to declare ineffectiveness if there are overriding reasons
Public Procurement
Regulation 99 - Grounds for ineffectiveness Regulation 99 provides the three grounds for ineffectiveness that can be used to annul a contract already entered into. This is an exclusive list and only the grounds herewith contained can give rise to a declaration of ineffectiveness under Regulation 98. The three ineffectiveness grounds
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1. PPP/PFI risks (in Spanish). I would add to the list information asymmetry and regulator capture. Very good points nonetheless. 2. Damages and re-tendering awarded in Woods Building Services vs Milton Keynes Council [2015] EWHC 2172 (TCC). Interestingly enough although Judge Coulson recognised that the decision should be
Public Procurement
Regulation 98 - Remedies where the contract has been entered into This Regulation defines the remedies available to the Court after a contract has been entered into between the contracting authority and an economic operator where there was a breach of the duty owed by force of Regulations 89 and 90.
Public Procurement
Regulation 97 - Remedies where the contract has not been entered into This Regulation establishes what remedies are available to the court in case the contract is yet to have been entered into. The remedies for situations where contracts have been entered into can be found in Regulation 98. The court