DCLG: Procurement Law – ESIF Compliance Guidance Note (ESIF-GN-1-001): updated procurement guidance for ESIF (European Regional Development Fund and the European Social Fund) projects, to reflect the new procurement thresholds that came into force from 1 January 2016. Some clarity has also been provided in Chapter 6 to set out when the Treaty Principles and National Rules apply. It warns that no organisation should apply for ESIF unless it has fully considered and planned how it will be able to demonstrate compliance with public procurement law, the Treaty Principles or National Rules as appropriate in selecting the suppliers of goods, works or services part funded through ESIF. (30 March 2016)

See also the Procurement Aide Memoire for applicants and grant recipients. (February 2016).

Cabinet Office: Procurement policy note 03/16 – Publication of payment performance statistics: explains how public sector contracting authorities are to start publishing annual payment performance data under reg.113(7) of the Public Contracts Regulations 2015. After March 2016, and then at the end of each financial year, contracting authorities are required to publish data demonstrating compliance with the obligation to pay invoices within 30 days to first tier suppliers/prime contractors over the previous 12 months. (29 March 2016)

Newlyn Plc v Waltham Forest LBC [2016] EWHC 771 (TCC): N was an unsuccessful tenderer in the Council's procurement for new contractual arrangements for bailiffs and enforcement agency services. It challenged the contract award, claiming that the Council had failed to comply with the Public Contract Regulations 2015 (PCR). The Council applied to strike out N's claim. 

The court held, granting the application, that the proposed contract for enforcement agency services was a services concession contract and therefore outside the PCR. The Council's decision was outside the PCR, and any application for judicial review would be doomed to fail as a matter of law. Nor was there any question of any automatic suspension preventing the Council from entering into contracts with the successful tenderers. (6 April 2016)