I co-lead our procurement and construction team, helping registered providers, local authorities, arms-length management organisations and buying clubs with all aspects of procurement and related arrangements, including governance structures.
My nearly 20 years here at Anthony Collins Solicitors followed seven years in-house in local government. After some time specialising in governance and large regeneration projects (including PFI/PPP), most of my work recently has involved helping clients with procurement, development and maintenance arrangements.
I wrote the National Housing Federations' 'Guide to the EU procurement rules', 'Authoritative practical guidance to the housing sector', and is discussing a 3rd edition with the National Housing Federation. Subsequent publications include the 'Contract management guide', working alongside echelon Consultancy and 'Procurement in Practice: Avoiding the pitfalls and getting the best result'.
“Frustration” enables a party to get out of a contract where new circumstances make performance of that contract impossible or illegal.
The Government has now published its “no deal notice” for public procurement.
Housing providers hoping to escape the EU procurement rules should note that this is unlikely pre-Brexit.
Whilst women make up 13% of the construction workforce, only 1% of manual trade workers are women.
Once again it’s time for “rebasing” of the EU public procurement thresholds to the euro figures in the EU Procurement Directive. This happens every two years, and this time the thresholds have gone up.
The GPA is a free trade agreement promoted by the World Trade Organisation (“WTO”) that regulates “public procurement”.
You can read the paper here. It is drafted on the basis of a “no deal” approach and assumes no access to European procurement markets for UK contractors.
The contract in question is the NHF (National Housing Federation) Schedule of Rates Form of Contract 2011, which we, at Anthony Collins Solicitors, comprehensively revised and updated for Rand/M3 in 2011, and still keep up-to-date for them.
The Opinion covers the question whether a subsidiary that is entitled to provide works, services or supplies to its parent without the need for an EU tender process (1) has to follow the EU procurement rules for its own purchases.
In Județul Neamț and Județul Bacău v Ministerul Dezvoltării Regionale și Administrației Publice, Cases C260 and 261/14 the ECJ upheld a 5% clawback of ERDF grants from two local authorities.
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