The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
Our New Year e-briefing detailed the new EU procurement tendering thresholds with effect from 1 January 2016. However, there was one missing.
This particular threshold was overlooked by both the European Commission when they issued their sterling conversion figures and by the Crown Commercial Service (CCS) in their guidance on them.
The missing threshold is the one for Article/Regulation 83 of the 2014 Directive/2015 Regulations. This requires a contracting authority to give access to copies of all concluded contracts with values of over:
- €1 million, in the case of supplies and services contracts; and
- €10 million, in the case of works contracts.
No sterling equivalent figures have been produced by the Commission for these thresholds.
We raised this omission with the Cabinet Office via the CCS, and received the following “helpful” reply:
“We will provide guidance on the best approach but we are yet to take a view on what would be the best sterling equivalent for that figure and will need to hold discussions with other parties before doing so.
One option of course would be to take the 1,000,000 figure and multiply by 10 as you suggest but as that is based on the thresholds which are revised every 2 years and we would need to advise whether this would need to be updated every 2 years.
Unfortunately we are unable to provide a timescale for the publication of guidance at present but please look on our transposition website for further updates: https://www.gov.uk/guidance/transposing-eu-procurement-directives”
Our suggestion had been to use the €1 million conversion figure of £785,530 for the “small lots” threshold for works contracts as the figure for supplies and services contracts and to multiply this by 10 for the threshold for works contracts.
Until this has been confirmed by the Commission, the obligation would therefore seem to be to make copies of contracts available where they have an unspecified sterling value that equates roughly to €1 million, where they are for supplies or services, or €10 million, where they are for works. A practical approach would be to equate this “unspecified value” to:
- £785,530 for supplies and services contracts; and
- £7,855,300 for works contracts.
For more information
Please contact Andrew Millross.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.