On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
Many landlords are now having to spend extra time and money providing detailed feedback to suppliers about unsuccessful tenders.
So how can social landlords minimise the risk of informal challenges? One way is by improving how the tender process is explained. Procurement teams may spend lots of time evaluating suppliers’ bids, but to avoid informal procurement challenges they need to invest equally in explaining clearly their prequalification, selection and tender evaluation processes when preparing prequalification questionnaires and invitations to tender.
Procurement teams must strike a balance between being explicit on award criteria and not actually telling bidders what to write. They must also evaluate the right things at the right stages of the tender process.
Despite the complexity and volume of procurement law coming thick and fast from the European Commission, it’s essential that housing staff keep up to date.
There is no case law on informal challenges, since they haven’t gone to court, but cases such as Mears v Leeds in 2011, where ‘model answers’ were used to score bids but were not disclosed to bidders, show the legal risks around tender evaluation processes.
Andrew Millross is a partner at Anthony Collins Solicitors.
This piece also appeared in Inside Housing on 10 May 2013. A copy of this article can also be found on their website - please click here to view.
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
The Court of Appeal judgement in Booth and another v R  EWCA Crim 575 will be welcome news for local authority prosecutors and their investigation teams.
The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 came into force on 4 April.
The purpose of this 30-minute free webinar is to address how employers navigate homeworking; supporting employees whilst also ensuring that their organisation stays financially viable.
As we make our first tentative steps out of strict lockdown, many of us have been thinking about what the future will look like for charities, both in the short and long term.
The UK Government has, in the last few weeks, introduced a multi-billion-pound package of measures and financial support for businesses and institutions that experience issues with their cash flow.
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.