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This update is aimed at those in the public sector who summarily dismiss the private sector organisations who have been unsuccessful with their tenders. It is also designed to help private sector organisations who are very unhappy at the manner in which they are brushed off by some public sector buyers.  In the Court of [...]

We receive many queries from clients who are asking us ‘Whose contract conditions apply?’ The starting point is often the Excello case. We suspect that the whole of the procurement profession has studied this case, very diligently. The circumstances of each situation needs to be clearly understood before reaching a conclusion. We monitor legal cases [...]

We are always advising clients to monitor a supplier’s financial position. Knowing the position at the time we obtain annual reports is no longer enough, given the incidence of financial failures. We advocate that it is a strategic role for procurement to undertake monitoring supplier’s finances. It is pertinent to read the judgment of Hackney [...]

We have been researching this topic and have encountered a case that will interest our readers. It is 4Eng Ltd v Harper and others [2009] EWHC 2633 (Ch). This is a highly complex case. It began with the purchase in 2001 by 4Eng of Excel Engineering. Excel was a company which provided engineering services primarily [...]

“Contract Management requires the attention of a range of knowledge and skills to ensure contractors and suppliers deliver their obligations under a contract. The role of Con­tract Management is undertaken by a range of staff including Purchasing , Heads of Service and external provid­ers and administrative staff” The Risks The risks attached to non-delivery of [...]

We have recently completed a large contract for training in Contract Management and have also won a contract with a large County Council to provide Contract Management training services. We are continually researching the subject. In July 2011 a report was published by the Comptroller & Auditor General – Jersey “Management of the Bus Contracts”. [...]

When we audit procurement decisions (these are not always initiated by procurement specialists), quite frequently there is no formal procurement acquisition plan. We sincerely trust that our readers will find the following helpful, recognising that it is not intended as a full statement of requirements for such a plan. A statement of need should be [...]