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.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
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