Tag: Exclusions

Excluding suppliers based on poor past performance

All of the UK has now transposed the new EUunacceptable Public Sector Directive 2014. One of the existing provisions is that buyers now have a discretionary right to exclude suppliers based on poor past performance.

We have all heard the stories. A supplier winning a contract because they make all the right promises, but when the contract starts, they just don’t meet the standards expected. The buyer is not happy. They are stuck in a contract that most likely ends up costing them more. In addition, the suppliers that didn’t win are demoralized. What is the point of bidding when other suppliers just lie and win? Therefore, this is a welcome provision by many, a hope of getting rid of the unscrupulous operators in the market.

But is it that easy? As a buyer, and you have had a bad experience with this one supplier who is bidding on your contract – or you have heard about their poor performance from someone else – can you decide to exclude them just like that?

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The Mystery Behind Part B Services

When I was working in customer services for Tenders Direct I was always getting asked about the loophole that is Part B Services. Whispers of a tender due to come out any day now, companies waiting patiently and BANG, before they know it, the Tender has been awarded to John Doe Ltd down the road. How does this happen, where was the tender published and why do some tenders disappear into a black hole of EU Laws?!

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