0370 270 6000

A new presumption?

14 May 2012

The Cabinet Office has published its latest Procurement Policy Note giving guidance to government departments (which includes their agencies and non-departmental public bodies) on how to implement the coalition’s procurement pledges. The main one is to reduce the number of procurement exercises carried out using competitive dialogue in what the paper calls a “presumption against competitive dialogue”. The Public Contracts Regulations 2006 already make it clear that this presumption is part of the EU’s procurement regime so this should be nothing more than a reminder of that.

However, the Note also gives guidance on how to manage pre-procurement engagement and use the Lean sourcing principles, both of which will no doubt be welcomed by contracting authorities (not just government departments) keen to better understand how to use these to reduce the time and expenditure of procurement exercises. One eye should be kept on the legislation and the case law to ensure that in using these techniques contracting authorities don’t unintentionally give unfair advantage to certain potential bidders.

Related opinions

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Covid-19 rent arrears – the questions that remain

The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?

View blog

Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

View blog

Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out

One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up