A failure to do just this has now led to a successful challenge to the Greater Glasgow Health Board in Johnson & Johnson v Greater Glasgow Health Board [2016] CSOH 12.
The case concerned a mini-competition run under a framework. The Health Board invited tenders for orthopaedic ‘hip products’ and ‘knee products’, both as separate lots and as a combined lot. There were also two different pricing models for the separate lots. The invitation to submit mini-tenders purported to give the Health Board a free choice between the 3 options on the basis of which tenders were invited. The court considered that this was a breach of the obligation on the contracting authority to be transparent as to how tenders would be evaluated.
Even worse for the Health Board, the court decided that the 30-day challenge period ran from the time it communicated its decision to tenderers as to which of the options it had used to award the contract. It was only at that point that the suppliers became aware of the basis of the contract award.
The moral of the case is that if you are going to invite bidders to price different options on different lot combinations, you must set out in the tender documents how you will decide (objectively) between each of the options. You must set out how you will “compare the MEAOCOT”.
Please contact Andrew Millross.
The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
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