Tenders Direct Blog

Comment from the experts at Tenders Direct.

Posts Tagged ‘Public procurement’

Excluding suppliers based on poor past performance

Posted by Line Olsen on January 10, 2017

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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Procurement terminology: what are ‘small’ lots?

Posted by Line Olsen on January 6, 2017

In public procurement, lots, and in particular ‘small lots’ small lotare often an area of much confusion. What is a small lot and what does the small lot threshold mean?

Hopefully this SMALL blog entry will answer a LOT of your questions.

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Posted in General Procurement, Politics of Procurement, Procurement Law | Tagged: , , , , , , , , , , | Leave a Comment »

Will we see an increase in SMEs winning contracts in Ireland?

Posted by Line Olsen on July 29, 2016

The Irish Public Sector spends €8.5 billion on goods and services annually.  Is your company getting a slice of this cake? Have you considered how to get into this market?

Did you know that if you are among the 99.7% of active enterprises in Ireland defined as an SME, statistically speaking, you have a higher chance of winning a contract than SMEs in the rest of EU? Where the European Commission reports that SMEs win 45% of the aggregated value of contracts, the Office of Government Procurement has previously reported that SMEs win an estimated 66% of contracts in Ireland.

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New standard forms for OJEU notices. Simplification or burden?

Posted by Line Olsen on January 13, 2016

The EU published the new standard forms for OJEU notices on 12th November 2015. In England and Wales, where The Public Contracts Regulations 2015 came into force in February 2015, the new standard forms for public sector came into force on 3rd of December 2015. It will be some time before all contracting authorities are using the new forms but a few are trickling in and you might have seen some of these on Tenders Direct already.

The new forms reflect the simplified rules and procedures of the new EU Directives. In this blog I will highlight some of the biggest changes we will see with the new forms and flag up some of the pros and cons they present to both buyers and suppliers.

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Self reporting requirements entering into force from 1st September 2015

Posted by Line Olsen on August 24, 2015

In April I posted a blog about the ban on PQQs and restrictions that have been put in place for the use of supplier questionnaires. This made it clear that when a contracting authority is deviating from the rules and the guidance issued, they would be expected to self report to the Crown Commercial Service.

These self reporting requirements are now coming into force on 1st of September 2015, so as a reminder this blog will highlight what are considered to be deviations and how you can report this.

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SME access by splitting contracts into lots

Posted by Line Olsen on June 29, 2015

In 2014 the European Union adopted new procurement Directives for Public sector, Utility sector and Concessions contracts.  With the reform of the Directives they hope to achieve better access to public contracts for SMEs. One of the measures set into place to do this is the rule encouraging contracting authorities to split contracts into lots. The Public Contracts Regulations 2015 transposed the 2014 Public Sector Directive in February 2015, and with it the “Split your lots” rule. With this blog I hope to make it a bit more clear what a contracting authority is required to do.

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Posted in General Procurement, Politics of Procurement, Procurement Law | Tagged: , , , , , , | Leave a Comment »

The ban on PQQs and restrictions for use of supplier questionnaires

Posted by Line Olsen on April 27, 2015

What many have failed to realise is that with the Public Sector Directive 2015 the Cabinet Office has introduced strong restrictions on Public Sector Buyers when it comes to prequalification of suppliers and the use of supplier questionnaires.

The use of prequalification procedures has been banned for some procurements and the use of standard supplier questionnaires introduced for others. Contracting authorities that fail to follow these restrictions are also expected to self-report. There is no doubt that these changes will have a big impact on the public sector going forward, and suppliers will be affected as well.

So why has this been introduced?

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Posted in General Procurement, Politics of Procurement, Procurement Law | Tagged: , , , , , | 13 Comments »

 
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