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Under the spotlight

30 April 2009 / Rob Hann
Issue: 7367 / Categories: Features , Public , EU
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Procurement challenges are on the increase. Rob Hann explains why

Over the past few years, an increasing number of procurement challenges have reached the courts. Indeed the Achilles Themis report (7 December 2008) indicated that there had been a significant (70%) increase in European Court of Justice (ECJ) cases reaching the courts in the last two years alleging procurement transgressions of one sort or another.

Generally these challenges have been brought by aggrieved or losing bidders against contracting authorities. Many of the cases have focused on the thorny issue of how and what contract award criteria have been applied by the local authority (or other contracting authority) in the process leading up to the appointment of the successful bidder/tenderer. This has become a high risk issue for all procurement practitioners and it is essential that local authorities and those advising them, have a thorough understanding of how and when to use contract award criteria and what principles have been developed from these cases.

The credit crunch too is having an effect. Bidders who

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

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Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

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