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Procurement Policy Note 11/15 - Acceptance of unstructured electronic invoices by central government authorities (“PPN 11/15”)

From 30 June 2015, Central Government Departments, their Executive Agencies and Non-Departmental Governing Bodies (“in-scope organisations”) will have to accept “unstructured” electronic invoices from their suppliers for invo...




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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...




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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...




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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...




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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...




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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...




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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...




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Brexit - How this will impact on UK Procurement Law

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




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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...




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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 ...




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Brexit – State aid and public procurement law update

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



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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 ...




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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...




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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...




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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...




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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...




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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...




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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...




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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...




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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...




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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...




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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 >...




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Public Procurement & Government Contracts

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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...




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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...




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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...




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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...




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Chambers Global Practice Guide - Public Procurement and Government Contracts

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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...




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Cryptocurrency AML Regulation: 10 January 2020 Regime

As part of the UK Governments’ ongoing programme to implement the European Union’s Fifth Money Laundering Directive (5MLD) in UK law, the FCA will begin supervising Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) co...




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High Court delivers reminder that search orders are intended to preserve documents and not (without specific provision) provide early disclosure

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) Background A search order is one of the most draconian orders that the English courts can make, allowing an applicant – where there is a real possibility that a respondent may destroy o...




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Procurement Briefing Issue 1 2006 - The new procurement Directives

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

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

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

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Procurement Briefing Issue 1 2007 - Bidder beware?

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

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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...




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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...




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Procurement opportunities to come from Brexit

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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...




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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...




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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...




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Chambers Global Practice Guide – Public Procurement & Government Contracts 2019

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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...




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Real Estate Litigation's Eversheds In Focus... August 2011

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Strategic, pragmatic and focused support - Planning and Environmental Group Experience

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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...




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HIV/AIDS in Asia: We Need to Keep the Focus on Key Population Groups

By Tim Brown and Wiwat Peerapatanapokin HONOLULU (September 17, 2019)—In 2018, roughly 6 million people were living with HIV in Asia and the Pacific, and 310,000 were newly infected, according to UNAIDS estimates. Despite these troubling numbers, financial support for the fight against AIDS is stagnant, and international resources for HIV programs in the region are declining. Given the continued HIV infection levels and limited funds for halting the epidemic, it is more important than ever for prevention efforts to achieve maximum impact with the resources available. This means that programs need to target the key populations most at risk of contracting HIV. In Asia, these key populations are female sex workers and their clients, people who inject drugs, and men who have sex with men....

This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more.




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Documents show top White House officials buried CDC report on Covid-19 lockdowns

The decision to shelve detailed advice from the nation’s top disease control experts for reopening communities during the coronavirus pandemic came from the highest levels of the White House.