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The Cabinet Office has published a Procurement Policy Note (09/15) on the requirements for contracting authorities to assist with procurement investigations – specifically the Mystery Shopper scheme. Previously, compliance by contracting authorities with this investigation process (instigated by SMEs who felt a tender exercise had not been undertaken fairly or had been unbalanced in favour of larger companies) was optional.
On 26 May 2015, section 40 of the Small Business, Enterprise and Employment Act 2015 came into force, making contracting authorities’ assistance with any such investigation compulsory. Investigations can be into the procurement process or contract management. Contracting authorities may be issued with a notice under section 40 requiring provision of documents and information; if they fail to respond they will be in breach of their statutory duty.
This gives more ‘teeth’ to central government’s powers to intervene in local government procurement and seems contrary to the model of decentralisation that the government is ostensibly working towards.
At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.
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There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.
The theme for this year’s World Patient Safety Day is “Health Worker Safety: A priority for Patient Safety” and whilst there are many different aspects to this in terms of both physical and psychological safety is vital to promote learning and improve patient safety.
The Office for Product Safety & Standards has just released its new guidance for small scale suppliers of PPE.
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