procurement

Top tips for avoiding clawback of European funding in procurements

The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...




procurement

EU Procurement Thresholds in the UK are falling in 2016!

The European Commission has recently revised the financial thresholds above which public procurement rules apply with these changes applying to the current EU Directives from 1 January 2016. This means that the thresholds applicable to contracts reg...




procurement

The European Single Procurement Document

On 6 January 2016, the European Commission published an implementing regulation establishing a standard form for the European Single Procurement Document (“ESPD”). The ESPD is one of the new features of EU procurement regulation introduc...




procurement

Public procurement: new rules, new opportunities

Public procurement is big business.  The estimated value of contracts advertised by Governments and other public bodies across the EU is said to be over 420 billion euro.  Most EU public contract awards are regulated under EU law.  Th...




procurement

Publication of the Utilities Contracts Regulations 2016 (the “UCR 2016”), the Concession Contracts Regulations 2016 (the “CCR 2016”) and the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

Following the public consultation on the draft UCR 2016 and CCR 2016, the new regulations have now been laid before Parliament and will come into force on 18 April 2016 (subject to a number of exceptions in the UCR 2016 which will come into force at...




procurement

Brexit - How this will impact on UK Procurement Law

In the wake of Brexit, the extent to...




procurement

The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

Introduction This briefing considers issues relating to the extent to which the UK&rs...




procurement

EU Public Procurement Reform Guide 2016

Eversheds has published the “EU Public Procurement Reform Guide 2016” on the status of implementation of the new procurement directives in the European Union. The initiator of the project and coordinator of the work of the international ...




procurement

Brexit – State aid and public procurement law update

Introduction – Where are we now? In our original Full Article



procurement

Public procurement in Poland - what legal changes lie ahead?

The biggest overhaul in the history of Poland’s Public Procurement Law entered into force on 28 July 2016. Despite the passage of time, major issues connected with the practical application of the new regulations continue to arise. It can be ...




procurement

The risk of fishing expeditions in the context of public procurement law challenges: a price worth paying to ensure transparency and equality of treatment? (Bombardier v Merseytravel)

Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...




procurement

Public procurement: New case highlights pitfalls for those challenging award decisions

On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...




procurement

Getting the Deal Through: Public Procurement 2017

The 2017 edition of the Getting the Deal Through: Public Procurement is now live. The Polish chapter has been developed by Tomasz Zalewski, head of the public procurement team at Wierzbowski Eversheds Sutherland. The contributing editor of the Guide...




procurement

Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




procurement

Case E-16/16, Fosen-Linjen AS and AtB: An EFTA Court case clarifying key aspects of EU procurement legislation

Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...




procurement

Getting the Deal Through: Public Procurement 2018

The 2018 edition of the Getting the Deal Through: Public Procurement is now live. The contributing editor of the Guide is Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. The publication contains expert local insig...




procurement

Land development agreements and public procurement regulation: Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532

In its Faraday decision the Court of Appeal has set aside a concluded land development agreement between a local authority and a developer for having been concluded in breach of procurement legislation. This is the first time that an English court h...




procurement

Public Procurement and Government Contracts 2019

We have contributed to the The Public Procurement and Government Contracts guide published by Chambers and Partners. It provides expert legal commentary on key issues for businesses. The publication covers the important developments in the...




procurement

Chambers Public Procurement and Government Contracts 2019 Second Edition

The 2019 edition of the Chambers Public Procurement and Government Contracts is now live. The contributing editor of the Guide is Dr Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland.   Read the Introduction pie...




procurement

Will new laws make public procurement more business friendly?

Witold Slawinski, head of tech & industrial engineering practice, authored an article for AmCham Quarterly. It is devoted to the recent changes to the Polish public procurement law. Read the full article >...




procurement

Public Procurement & Government Contracts

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procurement

Getting the Deal Through: Public Procurement 2019

Witold Slawinski, head of our tech & engineering team, contributed to the guide "Public Procurment 2019" - expert local insight into public procurement procedures in 34 jurisdictions, addressing such crucial topics as: legislative framework, app...




procurement

New Thresholds under the Procurement Regulations

The new thresholds which come into effect on 1 January 2020 for the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concessions Contracts Regulations 2016 and the Defence and Security Public Procurement Regulations 2011 have...




procurement

Revised EU thresholds regarding public procurement and concession contracts, with Belgian specifics

The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...




procurement

Coronavirus – Public procurement contracts – Belgium

The Royal Decree of 14 January 2013 provides in its Article 38/9 an opportunity for revision of procurement documents during the performance of a public procurement contract, where unforeseeable circumstances arise for the contractor. (1) The said R...




procurement

Chambers Global Practice Guide - Public Procurement and Government Contracts

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procurement

Coronavirus – Impact on procurement processes - UK

Public sector bodies face many challenges as a result of the outbreak of coronavirus.  Contracting Authorities may need to procure goods, services or works urgently to deal with these challenges.  Challenges caused by the outbreak may be e...




procurement

Procurement Briefing Issue 1 2006 - The new procurement Directives

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procurement

Procurement Briefing Issue 2 2006 - EC procurement thresholds from 31 January 2006

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procurement

Procurement Briefing Issue 3 2006 - Competitive dialogue - A brave new world

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procurement

Procurement Briefing Issue 4 2006 - Awarding contracts to in-house companies

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procurement

Procurement Briefing Issue 1 2007 - Bidder beware?

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procurement

Procurement Briefing Issue 2 2007 - Tendering burdens removed in electricity and gas supply markets

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procurement

EU public procurement directives update

Parliamentary approval delayed to 2014 Provisional agreement between the EU Council, Commission and Parliament was reached back in July 2013 on the draft text of three new EU public procurement directives but these draft directives are still awaitin...




procurement

New EU Procurement Directives coming into force

A quick update on the progress of the new Directives. It is anticipated they will be published in the Official Journal of the European Union on 28 March 2014, meaning that they will then come into force on 17 April 2014. Following the Directives com...




procurement

Procurement opportunities to come from Brexit

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procurement

New guide (TCC) sets out the recommended pre-action process for parties to follow in a procurement dispute

On 17 July 2017, a new Appendix H to the Technology and Construction Court Guide was published which provides guidance on procedures for public procurement cases (the “Guide”). Although this detailed procedural guidance is likely to prove usefu...




procurement

Openness in public procurement – a worthy cause facing new challenges

The establishment of more open public procurement systems, that is, procurement systems which offer foreign suppliers access to the award of public contracts on the basis of no less favourable terms than to domestic suppliers, constitutes an essenti...




procurement

Brexit and UK public procurement law

Following the June 2016 referendum on the UK’s membership of the EU, the UK government triggered article 50 of the Treaty on the Functioning of the European Union on 29 March 2017, thereby commencing the two-year formal process that will ultim...




procurement

Chambers Global Practice Guide – Public Procurement & Government Contracts 2019

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procurement

Electronic invoicing in public procurement

Since April 26, 2019, contractors, to whom a public contract or concession has been awarded, have the possibility to issue an electronic invoice and transmit it to the contracting authority. This novelty is the result of the transposition of the Eur...




procurement

Markus Naef: new Partner with Eversheds Sutherland and Brigadier General with the Swiss Armed Forces, currently National Coordinator for procurement in times of COVID-19

Eversheds Sutherland is pleased to announce the appointment of a new Partner in the fields of data protection and IT law. As an attorney and 2012 certified Senior Project Manager IPMA Level B, Markus Naef advises companies on legal safeguards and ex...




procurement

Local Government Briefing Note 38 of 2012: Expert evidence in procurement claims - no general admission

Expert evidence in procurement claims – no general admission On 28 September 2012 the High Court rejected an application under...




procurement

Case C-260/17, Anodiki Services EPE: interpreting the scope of the “employment contracts” exemption under EU procurement legislation

Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ...




procurement

Greater Mekong Subregion Health Security Project: Lao PDR Procurement Plan

Procurement plans describe and update the procurement of major goods, works and consulting services either ongoing or expected to take place related to a project or program. This document dated 15 November 2019 is provided for the ADB project 48118-002 in the Lao People's Democratic Republic.




procurement

Procurement and Contracts Officer

ADB has a vacancy for the position of Procurement and Contracts Officer in the Office of Administrative Services. The deadline for submitting applications is on 22 May 2020.




procurement

Procurement and Contracts Officer

ADB has a vacancy for the position of Procurement and Contracts Officer in the Office of Administrative Services. The deadline for submitting applications is on 22 May 2020.




procurement

How is High-level Technology applied to procurements in ADB projects?

This video demonstrates how High Level Technology (HLT) can be harnessed by borrowers to help improve outcomes in procurement activities funded under ADB loans and grants.




procurement

How is procurement managed differently for projects under a Public–Private Partnership or PPP?

This video outlines some of the benefits of Public-Private Partnerships (PPP) and the typical roles and activities assigned to various sector participants.




procurement

What is Noncompliance in Procurement?

This video provides an overview of how ADB determines Noncompliance in Procurement and how borrowers can prevent Noncompliance activities from occurring.