The following Local Government practice note Produced in partnership with Lee Digings of Lee Digings Associates provides comprehensive and up to date legal information covering:
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.
This Practice Note considers the implications of making changes during a procurement procedure and the subsequent contract management phase when the public contract in question is subject to the EU public procurement rules (see Practice Note: Introduction to public contracts procurement).
The Practice Note focuses on:
changes to contract award criteria
changes to contracts
It looks first at the EU and domestic case law before moving on to discuss how certain principles derived from the EU case law (notably pressetext, Case C-454/06) are codified in Directive 2014/24/EU (Public Contracts Directive) and transposed in the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015).
A series of cases set the parameters for changes in these two respects and contracting authorities need to align their procedures with the guidance from the courts and, as regards changes to contracts, the PCR 2015.
Under the PCR 2015, a contracting authority can choose to award a public contract on
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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