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?
This is the next briefing in our series of ebriefings on the Government’s Green Paper: Transforming public procurement, looking at the Chapter 4 proposals in relation to the selection (prequalification) of tenderers.
New exclusion grounds
New exclusion grounds are being proposed. These include failing to disclose beneficial ownerships, fraud against the UK’s financial interests, tax evasion, deferred prosecution agreements and non-payment of taxes (the last of these illustrating the central government focus of many of the Green Paper proposals). None of these will make much difference to most procurements, especially as tenderers can already be excluded for 'grave professional misconduct'.
We did question though whether the time limits for exclusions were long enough. We suggested longer exclusion periods (for both mandatory and discretionary ineligibility). We also suggested that contracting authorities should have absolute discretion to decide whether to accept self-cleansing (rather than risk a challenge if they considered it was “not sufficient”).
The proposals include more central management of the selection process. This has not really taken off in England and Wales, other than in relation to Constructionline.
A central record of eligibility, latest accounts and relevant certificates and accreditations makes sense. This should be free for suppliers to join; otherwise smaller contractors may be excluded. We also welcomed the proposal for a centrally managed debarment list but made the point that contracting authorities should also be free to set such additional selection criteria as they consider appropriate.
There are two aspects of these proposals for selection that we particularly welcomed. The first is to able to take more account of the past performance of tenderers. However, this should go much further than was being proposed. Rather than just treating this as a 'pass/fail' test, contracting authorities should be able to use past performance:
- as a 'scored' question when deciding which of the tenderers meet the minimum selection standards to invite to tender; and
- as part of the award criteria, where greater marks can be given to tenderers who have delighted their existing customers sufficiently for those customers to give them excellent references.
To enable this, contracting authorities will need to be able to give fair and honest (and potentially anonymous) references for their existing contractors without fear of reprisals from those contractors.
The second element of these proposals that we particularly welcomed was to remove the limits on the information that could be asked for at selection stage.
Currently, the information contracting authorities can ask for in order to evaluate the financial strength of tenderers is very limited. Contracting authorities should have access to all information that may be relevant, both financial and non-financial. In particular, contracting authorities should be able to undertake credit reference agency checks and to take references from other clients as to the quality of a tenderer’s performance.
What happens next
The consultation has now closed. We included these comments in our response to the consultation paper, which we submitted on 10 March 2021. We are now awaiting with interest the Government’s detailed proposals following the consultation.
For more information
For further information in relation to any of the above, please contact your relevant ACS contact or Andrew Millross.
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.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
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