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Procurement Challenges – the future On 6 December 2021, the Cabinet Office published its response to its consultation on proposals for reform to English procurement law as first described in its 2020 Green Paper “Transforming Public Procurement”. Over the coming weeks, and as we noted in a blog published on 8 December 2021 (“Public procurement …
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 …
Public procurement reform … the times they are a-changin’ Read More »
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 …
Transforming Public Procurement – an update on potential reforms Read More »
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 …
What can the public sector learn from CISGIL v IBM? Part Two – The Practical Lessons Read More »
CISGIL v IBM concerned the failed implementation of an IT system that was core to CISGIL’s continuing ability to do business, with sums claimed by CISGIL in excess £128 million. By way of background, CISGIL was a wholly owned subsidiary of the Co-operative Group Limited (“Co-op Group”) and was in the business of underwriting and …
What can the public sector learn from CISGIL v IBM? Part One – The Legal Lessons Read More »
The decision by the High Court in the Good Law Project’s challenge against the Secretary of State for Health and Social Care in relation to his failure to comply with transparency obligations has received vast amounts of media attention over the last month. Whilst it has been widely publicised that the Secretary of State was …
At the Transforming UK Public Procurement webinar we hosted earlier this month, a panel of lawyers and industry experts discussed the Government’s Green Paper on Procurement Reform. One of the key themes explored during the webinar was the panel’s views on the current procedures for procurement challenges and the fact that the current one-size-fits-all full …
More flexible dispute resolution in procurement challenges – the case for reform Read More »
Last week, there was much media fanfare over the 18 February 2021 decision of the High Court in favour of the Good Law Project (GLP) in the case brought by them challenging the Health Secretary (SoS) over the transparency requirements of the Public Contracts Regulations 2015. At the centre of this media storm was the …
Who can challenge a procurement decision by way of judicial review? Read More »
For anyone interested or involved in the way the UK spends £290bn of public money each year, the Cabinet Office’s Green Paper on Public Procurement which can be found here will make interesting reading. Even the most curmudgeonly Remainer would have to admit that the Paper is bristling with innovation and presents an opportunity to …
The Strategic Road Network (SRN) comprises the UK’s motorways and major A roads and is an integral piece of UK infrastructure. With traffic forecast to grow by as much as 59% on the SRN by 2050, it seems inevitable that further expansion of the SRN and local road network will be required to accommodate this. …
Decarbonising the Strategic Road Network and local roads to create a new ‘normal’ Read More »
Never have there been more direct contract awards than in the last nine months. If you are aware of an impending direct award and believe it is not justified (under Regulation 32 of the Public Contracts Regulations 2015 (PCR) can you stop it? Most obviously this can arise under frameworks but in practice it could …
Can you pre-empt an unlawful direct contract award? Read More »
Artificial Intelligence and the Public Sector Introduction The potential benefits of implementing artificial intelligence (AI) within a government department or agency can be significant and even transformative for the efficiency and effectiveness of that organisation – so long as it is set up to succeed. The use of AI, particularly in outsourcing deals, can give …
Following the UK’s departure from the European Union, on 1 January 2021 the transition period will come to an end. From that date onwards, the UK will have severed its direct ties with the EU procurement law regime and the UK will, as a consequence, have far greater autonomy to regulate its own domestic procurement …
The 2020 party conference season will perhaps be even more remarkable than last year’s. Twelve months ago, delegates took their seats against a backdrop of party infighting and prorogation. Fast forward one year and the conference halls are empty whilst Brexit may not even make it to the top of the agenda. This autumn, politicians …
DLA Piper’s Technology and Strategic Sourcing team recently completed a c. £275 m transformative networks and telephony deal for one of the UK’s largest financial institutions, which used an innovative negotiation method known as ‘applied game theory’ in order to carry out the final negotiation stage of the procurement process. The resultant outcome was a …
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