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ARTICLE · 07 AUGUST 2018

UK Procurement Highlights

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We review a recent case in which the court set aside an authority's contract award.

United KingdomGovernment, Public Sector

We review a recent case in which the court set aside an authority's contract award. It emphasises how important it is for authorities to adhere to the applicable guidelines. We also flag up the new ICE guide on procurement, commercial and contracting key principles and Neil Cuthbert's recent article on Public Private Partnership projects.

Transparency and the importance of being able to provide reasons for rejection

In Lancashire Care NHS Foundation Trust and another v. Lancashire County Council [2018] EWHC 1589 (Bailii), the court set aside the Council's award of a services contract to Virgin Care Services Ltd which effectively rejected the tenders of the two claimant NHS Trusts' tender. The Council was in material breach of its obligations for failing to give reasons that were sufficient in law to explain its scores for the quality evaluation of the tender.

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