Procurement Pulse — in-house award to non-profit organisation; challenging a procurement process; and more

By Dr Sharon Fitzgerald, Gavin Deeprose and Louise Huson

Word from Cabinet Office is that a consultation paper/draft legislation on implementation of the new procurement directives will be issued over the summer. The Scottish government has committed to issuing a 12-week consultation towards the end of 2014 with implementing regulations expected to be in place by the end of 2015.

The areas of particular interest, for those following the transposition process, will be the policy choices on discretionary implementation issues. For example, will the government and devolved administrations promote obligatory division of contracts into lots in certain circumstances; will contracting authorities have the discretion to exclude bidders where there is evidence (short of final judgment) of non-payment of taxes; what will the duration of any exclusion be; will lowest price be retained as an appropriate award criterion; can awarding authorities be required to make payment directly to subcontractors; and what format has been adopted for the ‘light-touch’ process to be used in procurement of social and other specific services? We will report in the Pulse on the policy choices taken, and will be holding an autumn panel event for clients on evolution of the new legislation generally…

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