Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

collapseSign

Home

Insights

Resources

Blogs

Selection and award - get the criteria right

Selection and award – get the criteria right

20 December 2011

A new European case has highlighted once again the importance of distinguishing between selection and award criteria in a procurement exercise. Evropaiki Dinamiki (European Dynamics) challenged the Commission’s awarding of a contract based on “experience”. This was held to be an infringement of the rules governing the awarding of contracts financed by EU budgets which require the award to be based on either lowest cost or best value for money.

This decision is equally applicable for contracting authorities in the UK where best value for money equates to most economically advantageous tender under the 2006 regulations.

If awarding on the best value for money basis the award criteria must relate to the work to be carried out under contract itself and the management of the contract and not previous work by the tenderer. The wording of the award criteria is extremely important as the court will see that as being what the tenders were submitted and evaluated against.

Related opinions

Procurement challenges - what constitutes confidential information?

Guidance has been given as to when information relating to a procurement challenge ought to be regarded as confidential and cannot be shared with third parties.

View blog

Relationships key to devolution success

With the majority of central government sitting behind the Treasury when it comes to buying into the devolution agenda, what will the long term relationship between central and local government look like?

View blog

Devolution revolution - is central government ready?

One of the key themes explored in our report ‘Our changing state: the realities of austerity and devolution’ is the preparedness of central government

View blog

Good news for public cooperation

The decision of the Supreme Court published today in the Edenred case will be music to public bodies’ ears. For a lot of practitioners it is a slightly surprising decision but the fact that it has been made by the highest court in England gives it significant weight. It relates to a Memorandum of Understanding (MOU) arrangement between HM Treasury and National Savings and Investments to support the new Tax-free Childcare (TFC) scheme. NS&I have a contract with Atos for many of the back office services required. For the TFC scheme, the Atos contract had to be varied. In summary the Supreme Court held:

View blog

View all blogs