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Maude targets second-tier suppliers in drive to cut spending
08/09/10: The government is to start negotiations with second-tier providers after securing around £800m in savings through talks with its major IT and outsourcing suppliers, according to a report in the Sunday Times.

NCVO demands level playing field in commissioning of public services
06/09/10: There must be a level playing field for public procurement so that voluntary and community organisations can compete fairly, the National Council for Voluntary Organisations has argued.

Ministers change tack on public sector equality duty
25/08/10: The government has outlined a major shift in approach to the public sector equality duty. There will be no national equality priorities, but the amount of data required to be published by public bodies will increase.

Law Society and SLG call on EC to end confusion over services concessions
24/08/10:  The Law Society has called on the European Commission to issue guidance on the law in relation to services concessions in a bid to reduce confusion over its implementation.

Balancing act
At what point should confidential tender documents be disclosed in the event of a procurement dispute? Jenny Beresford-Jones examines the dilemmas facing lawyers in this situation.

Termination troubles
The High Court’s recent decision not to strike out a property developer’s claim for breach of procurement regulations will see the spotlight thrown onto the extent of an authority’s right to abandon a procurement process.

Government sets up taskforce to reduce third sector red tape
The government has announced the creation of a new taskforce aimed at reducing the bureaucratic burden faced by voluntary organisations in an effort to make easier for them to provide public services.

Is sense prevailing?
A recent HIgh Court procurement case involving waste recycling centres in Hertfordshire saw a rare win for a local authority. Ruth Connorton and Richard Matthews examine the judgement in detail.

The first cut
The announcement about cuts to the BSF programme could be the first of a series of statements withdrawing funding for capital projects. Bethan Evans outlines the key questions and answers on the impact of these cuts on procurement.

Random factors
Traditionally, economic and qualitative factors are foremost to be taken into account when entering into contracts but issues outside of the commercial arena are becoming increasingly important, write Caroline Finnett and Lucy Carlile.

Council pays out over Christmas lights procurement
A local authority has paid a lighting business £155,000 in compensation over the award of its Christmas illuminations contract, it has been reported. Fife Council settled after admitting breaches of procurement rules.

Contracts in trouble
As a new survey reveals that 70% of local authorities have seen a construction supplier go bust in the past year, Kirsten Maslen and David Rawson look at what supplier insolvencies mean for local authorities.

OGC warns of dangers of non-compliant framework agreements
The Office of Government Commerce has fired a warning to contracting authorities of the risks of joining “framework agreements” set up by private organisations, arguing that they put at them at risk of challenges.

NAO demands reviews of future PFI projects, with stricter criteria adopted
The National Audit Office has called for a project-by-project review of future PFI contracts, with stricter criteria being employed than in the last two years. It warned that PFI was less likely to be a value for money option going forwards.

Report slams fire service procurement body, reveals £6.5m legal challenge
Firebuy, which was set up by the DCLG to procure equipment for fire services, has cost twice as much to set up and run as it has saved, the National Audit Office has said. It was also hit by a legal challenge that cost £6.5m.

Put to the test
The ability of public bodies to use their discretion when procuring supplies or services is constantly being tested in court. Jenny Beresford-Jones looks at some of the lessons provided by recent case law.

Local authorities reveal construction contractor woes
More than 70% of the 32 local authorities that took part in a survey by Constructionline have seen a construction supplier they used regularly become insolvent in the last twelve months.

OFT warns on long-term contracts, problems ensuring level playing field
Competition must be “hard wired” into the commissioning and procurement of public services to ensure its full benefits are gained, the chief executive of the Office of Fair Trading said this week.

Fair shares
The Equality Act’s progress through Parliament was tortuous but it did finally make it through to the statute book. Charlotte Cooper examines some of the key challenges it poses for public authorities.

Look back in anger
The European Commission is taking an increasingly robust approach to ensuring that schemes comply with the restrictions on state aid - even after they have been approved, writes Bridget Wilcox.

Communities Secretary demands more cross-boundary service provision
The Communities Secretary this week called for much greater provision of services across local authority boundaries. "Is it really necessary to have separate education or separate social services departments?", he asked.

Leeds fails to get procurement claim over arena development thrown out
Leeds City Council has failed to get a developer’s claim that the local authority breached procurement laws thrown out. Montpellier Estates claims it was treated "appallingly" and "led down the garden path".

Notts to "market test" trading services, puts all other services under review
Nottinghamshire County Council has unveiled plans to “market test” a range of trading services over the next year to see if the private sector can provide better value for money. It has also put all other services under review.

PIckles berates councils for "cornershop mentality" towards procurement
Some councils have “a supermarket-sized budget but a cornershop mentality” when it comes to procurement, the Communities Secretary has said. Eric Pickles called for greater use of collective buying power and e-auctions.

Council apologises after tender asks for "female, white and non-Muslim" driver
Northamptonshire County Council has apologised after it asked for a “female, white and non-Muslim” taxi driver in a tender for a contract to transport a vulnerable child to and from school.

Bar Council warns local authorities not to exclude Bar from tenders
The Bar Council chairman has fired off a letter to local authorities warning them not to exclude the Bar from tender exercises for legal services. He took action after a consortium prepared a tender only for solicitors.

DCLG urges councils to publish £500+ spend, shies away from legal requirement
Local authorities should publish details of all spending over £500 in full and online as part of a "revolution in town hall openness and accountability," Eric Pickles has urged. This would "unleash an army of armchair auditors", he added.

Called to account
International Financial Reporting Standards (IFRS) are finally being adopted by local government. Paul Mason from CIPFA explains why this accounting change should matter to lawyers as well as accountants.

Spending watchdogs slam "fragmented" approach to public sector procurement
Public sector procurement is "fragmented, with no overall governance", a review conducted by the National Audit Office and the Audit Commission has found. The report highlighted the sector's failure to maximise its purchasing power.

All change
Local authorities are increasingly looking at how they can achieve value for money by varying contracts. Elizabeth Cooper considers the procurement implications.

Public property?
The ECJ's ruling in the Helmut Muller case has provided some welcome clarification of the impact of EU procurement rules on development projects, writes Nathan Holden.

Do the right thing
How should public sector organisations respond to requests for procurement information? The devil is in the details of the documents in question, writes Ibrahim Hasan.

Up your street
What do councils need to think about when renewing existing highways maintenance agreements? Martin Howe looks at the top ten considerations to be borne in mind.

Alliance of voluntary groups attacks local authority commissioning process
The approach taken by local authorities and other statutory agencies to commissioning services is damaging relationships with local voluntary and community sectors, it has been claimed.

Take note
There is often pressure to rush to issue OJEU notices quickly, but a decision on 22 April 2010 from the ECJ is a timely reminder of how important it is that a notice is carefully drafted.

Venture forth
Stephen Matthew explains what differences the Treasury's new guidance on joint ventures will make to collaboration between local authorities and private sector partners.

Paper promises
The government's proposals for Total Place look promising in theory but on closer inspection are not radical enough, argues Mike Morgan-Giles of Localis.

Staying straight
The Bribery Act 2010, which overhauls the country’s outdated anti-corruption laws, has just received Royal Assent. Jenny Beresford-Jones looks at what it means for local authorities.

Post dated
Do the Public Contracts (Amending) Regulations 2009 apply to procurements commenced but not concluded before 20 December 2009? Tarmina Dent looks for clarity.

The cold shoulder
The OGC has revised its guidance on the 'blackballing' of potential contract bidders. Deborah Ramshaw assesses its potential impact.

Going private
Collaboration between the public and private sectors is set to increase significantly. Bethan Evans considers the implications for public authorities.

Buyer beware
Public procurement is increasingly becoming a minefield for purchasers, writes Local Partnerships' Rob Hann, and things look set to become more complex still.

Complexity of EU procurement rules counterproductive, says Local Partnerships
EU procurement rules have become so complex that public authorities have increased their focus on legal certainty rather than maximising value for money, the director of legal at Local Partnerships told MEPs.

Apply Total Place approach to procurement, says government task force
More widespread use of the Total Place approach, harnessing of collective buying power and joint chief executives are among the actions that councils should consider in their bid to protect frontline services.

SME building firms slam local authority procurement processes
Smaller construction firms believe that they are winning less work because of changes in public sector procurement and a failure by councils to advertise their tenders properly, the National Federation of Builders (NFB) has claimed.

A matter of time
A new ruling of the European Court of Justice has significantly extended the period in which disappointed bidders can challenge public procurement decisions, writes David Marks.

Managing the new risks of procurement
As part of the legal sign off, an authority should assess the journey of the contract from the Official Journal of the European Union (OJEU) notice through to the final version approved for signature, writes Bill Hull.

Scalpel or Axe?
Serious savings can be acheived through adjustments to existing contracts if approached in the right way. Bethan Evans looks at how existing contracts can be pruned without killing the roots.

Third sector partnership working framework updated to bring in local authorities
The Commission for the Compact has updated its Compact document setting out best practice for partnership working between public sector bodies and voluntary organisations, in part to make it more relevant to local authorities.

More devolvement of expenditure to councils would save £1.6bn in London alone
A major study into public expenditure in London has estimated that £1.6bn could be saved by re-channelling funding to local bodies and ensuring earlier intervention with the most chaotic families.

OGC advises local authorities on remedies changes
The Office for Government Commerce OGC has published guidance on the regulations implementing the new Remedies Directive, providing public sector organisations with advice on ways to mitigate the risks.

Not so easy
The press has suggested that the recent wardens case was a major blow to Barnet’s ‘Easyjet’ model of council services. The judgment does not support the rhetoric, says Peter Keith-Lucas.

Sweating the Assets
The government is pressing local authorities to make more effective use of their valuable asset base. Celia Cullen looks at the investment and development models available to councils.

Procurement panacea?
The EU intends to crack down on contracts let without advertisement, by increasing the penalties for getting it wrong, writes Simon McCann.

Double disclosure
Rule changes mean that contracting authorities will have to provide more information under debriefing provisions in public procurements, writes Deborah Ramshaw.

Worth the wait?
Will the long-awaited OGC guidance on the Roanne cases finally provide some much-needed clarity? Stephen Pearson investigates.

The power of three
The 'third sector' is an important channel of public service delivery, but brings its own challenges for L.A.s. Chris Knuckey reports.

Passing the baton
Ensuring a level playing field for new bidders when re-tendering a service contract can be tricky business, writes Erika Clarke.

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