Category: Public Regulations

  • Award Criteria Amending After Tender Published

    We published a tender with the award criteria and their percentage weightings in the contract documents. We now want to add more detail. Is this an option? There is various case law which makes it clear that contracting authorities must disclose in advance and in full all award criteria and sub-criteria together with weightings and…

  • Material Change to Specification Is It Dangerous?

    What happens if you change your specification and its a material change after the tender has been issued? What happens if our requirements change during the course of a procurement? Any change to the specification must not be a material change. The acid test is would a supplier who made a decision not to submit…

  • Contracting Authority Public Sector In-House Bids

    If you are a Contracting Authority should you consider in-house bids? The first thing to consider is whether if you are allowed to submit a bid. Your in-house team must be a separate entity by forming a company or legal entity that can enter into a contract with the contracting authority. The in-house bid has an…

  • Case Law Teckal Checklist

    Teckal checklist In summary, in order to ensure that your company benefits from the Teckalexemption and complies with the provisions of the proposed new procurement directive: 1.     There can be no private ownership or involvement and preferably no possibility of issuing shares to private sector participants at a later date, although if this is a possibility,…