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.
On 23 July, trainees from Anthony Collins Solicitors will host an ‘experience day’, which will involve various activities and presentations, with lawyers and non-lawyers from across the firm.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
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