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Same as it ever was? Has the Procurement Bill seized a once in a lifetime opportunity?

Nearly a month has passed since the government introduced the Procurement Bill 2022-23 to Parliament. The Bill has been heralded as an opportunity to take advantage of the newly found freedoms afforded by Brexit. And – with an annual UK spend of around £300 billion – the prize of making public procurement more streamlined, flexible …

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Transparency, Transparency, Transparency – A summary of the changes to the transparency obligations in the Procurement Bill

In this blog we look in more detail at the proposals for reforms to transparency notices in the Procurement Bill following on from the Government’s Green Paper (Transforming public procurement). The principles of transparency have long been embedded within the public procurement regime, however the importance of contracting authorities complying with these obligations have been …

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Debarment from UK Government contracts – back to the future

In this blog we look in  more detail at the proposals for a debarment list, centrally maintained by the Cabinet Office.  This blog does not consider the related topic of grounds for exclusion, which themselves will be streamlined and modernised from the current regime under Regulation 57 PCR: this is a topic in its own …

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Model Contract: newly launched terms now “live” for usage

The Cabinet Office in conjunction with the Government Legal Department (GLD) has recently launched the new version 2.0 of the Model Contract (formerly the Model Agreement) to capture key changes in the market, legislative updates, changes in policy and learnings of government entities informing best practice. The Model Contract is the government’s long form agreement …

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The Digital, Data and Technology Playbook: Addressing legacy IT, cyber security and digital portability through public sector procurement

The Cabinet Office recently published a new Digital, Data and Technology (“DDaT”) Playbook, and accompanying guidance on Mitigating and Preventing Legacy IT. The Playbook provides guidance on how HMG should assess, procure and deliver DDaT projects, and largely follows the same structure and approach as the Cabinet Office’s Sourcing and Consultancy Paybooks. Usefully, the Paybook …

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Public Procurement Reform – Frequently Asked Questions

On 6 December 2021, the Cabinet Office published the Government’s response to its consultation on the 2020 green paper, “Transforming Public Procurement”. In this post we provide answers to frequently asked questions based on the information provided by the Cabinet Office to date. This blog forms part of a wider series on the Government’s procurement …

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International Data Transfer Agreement and Addendum set to come into force

Following the ICO’s public consultation, launched in August last year, the final version of the international data transfer agreement (IDTA), as well as the international data transfer addendum to the European Commission’s standard contractual clauses for international data transfers (Addendum), has been laid before Parliament. In this post, we look at the practical implications of the …

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What is the impact of the UK National Security & Investment Regime on the Public Sector?

The introduction of the new investment screening regime will mark a watershed moment for the UK Government’s powers to intervene in corporate transactions. DLA Piper’s podcast series Understanding the UK National Security & Investment Regime guides listeners though what is driving the new regime, how it will operate in practice and its particular impact on …

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Public procurement reform – ‘Crisis? what crisis’

Public procurement reform – ‘Crisis? what crisis’ On 6 December 2021, the Cabinet Office published the Government’s response to its consultation on proposed reforms to English procurement law. In our most recent blog (“Procurement Challenges – the future”), we considered the Government’s proposals to reform the procurement remedies regime. In this blog, we consider an …

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Public procurement reform … the times they are a-changin’

On 6 December 2021, the Cabinet Office published its much-anticipated response to its consultation on the 2020 green paper, “Transforming Public Procurement”. Over the next few weeks, DLA Piper will publish a series of posts considering in detail the proposed changes to procurement. In this post, we summarise the response and give our initial views …

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Transforming Public Procurement – an update on potential reforms

The Government’s Green Paper, Transforming Public Procurement, published in December 2020, promised a significant shakeup for government procurement. Certainly, industry and public bodies thought so. Together, they made over 600 written submissions to the Cabinet Office.   (You can find DLA Piper’s consultation comments on the reforms here.)   Since the end of the submission deadline in March 2021, there has been …

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What can the public sector learn from CISGIL v IBM? Part Two – The Practical Lessons

In our first article we considered the legal lessons to be learned by the public sector from the failed transformational IT project considered by the High Court in the CISGIL v IBM case.  The focus of our analysis was on the terms of the agreement between CISGIL and IBM signed in May 2015 and the …

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