Procurement

Trailer: Transforming Public Procurement – the Green Paper Mini-Series.

David Gollancz introduces Keating Chambers’ mini-series of three podcasts about the governments Green Paper: Transforming Public Procurement. All episodes are being released together and are available now in time for responses to the consultation on 10 March 2021.

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Transforming Public Procurement: Episode 1 – Meeting the UK’s Needs.

Keating Chambers’ barristers discuss the government’s Green Paper proposals for reform of public procurement legislation to help listeners navigate the issues. Who defines the public good and will the Scottish and UK governments agree? Will the National Procurement Policy Statement be mandatory and micro-managerial?  Will the Review Unit really improve commercial capability?  With Charles Banner KC and David Gollancz.

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Transforming Public Procurement: Episode 2 – Open and Transparent Contracting.

Keating Chambers’ barristers discuss the government’s Green Paper proposals for reform of public procurement legislation to help listeners navigate the issues. How does the “publish early and publish all” approach sit with the government’s wish to impose the least burden on the public sector – or businesses?  Given how hard authorities find it to comply with FOI, EIR and GDPR, how will they manage open contracting? What actually is transparency and do the proposals promote it?  With Fionnuala McCredie KC and David Gollancz.

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Transforming Public Procurement: Episode 3 – Fair and Fast Challenges.

Keating Chambers’ barristers discuss the government’s Green Paper proposals for reform of public procurement legislation to help listeners navigate the issues. Low-value and in-flight cases to a generalist Tribunal or two tracks in the TCC?  Reforming the test for the automatic suspension: ditch the adequacy of damages test? Will we miss debrief letters when they’re gone?  And if maximum damages are 1.5 x bid costs, will anyone bother to challenge anyway?  With Sarah Hannaford KC and David Gollancz.

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Public Procurement in Transition – Again

Following IP Completion Day on 31 December 2020, EU law no longer applies in the UK…except that it sort of does.  Simon Taylor and David Gollancz discuss the effect of the amended Regulations: why economic operators in the EU and the GPA have different rights (and what about Gibraltar?), which case law will apply when, can utilities still apply for exemption, and how will the playing field be levelled between the UK home nations?

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Standing in Public Procurement Judicial Review

Charlie Banner KC and David Gollancz review the cases on standing for judicial review in procurement, from Mass Energy in 1994 to Good Law Project in 2021, by way of Pergau Dam and Chandler.

For a list of the cases and statutes referred to in this podcast, please click here.