Public Spend Matters Europe – Highlights from This Week

Here's our Friday rundown of  highlights from our site dedicated to exciting and fascinating matters connected with European public sector procurement - Public Spend Matters Europe.  As usual, before you think about switching off, it's worth remembering that around Europe, we are talking about well over a trillion Euros of money from taxpayers and citizens being spent by government and public sector bodies of some sort. Worth doing well, you might consider.

If you find anything interesting please do click through to the full article:

In Breach of Public Procurement Rules -- Don't Rely on Misconception of "Empty Threat"

Some very big issues arise from two recent 'breaches of public procurement rules' court cases. This article looks at the cases which are two very different sides of the same coin. It warns against firms' traditional reliance on 'damages only' awards from courts and highlights how courts have moved away from this threat to ensure contracting authorities are strictly held to their public procurement obligations. It throws up two very important issues which we will return to: the first time a court has issued The Remedy of Ineffectiveness, and 'conflict of interest.'

Project Failure Is Not Down to Selection of Inexperienced Suppliers

A post from one of our readers who felt strongly about our previously published article "Suppliers Who Fail To Deliver – a Public Procurement Dilemma."  It was an excellent, challenging response and attracted a very high number of readers. It takes the stance: "If 94% of public procurement IT projects fail as indicated in the header of part 1 of this piece, then I think we have to look elsewhere for the primary cause rather than at the suppliers. I challenge the idea that these failures are down to the selection of inexperienced suppliers."

Contract Managers - Keep Them Away From Evaluation Panels!

Here, Peter Smith, tackles head-on the two breaches of procurement rules highlighted in our earlier post and the courts' reactions. He points out that while there is no guarantee that these cases will be seen as strong precedents for future cases, either in the UK or more widely across the countries covered by EU procurement directives, they may well prove to be very important landmark cases. He gives his slant on both cases with some personal experience thrown in.

Dr Pedro Telles and Dr Richard Craven on the Public Procurement Podcast

In this latest of the public procurement podcasts, Dr Pedro Telles talks to Dr. Richard Craven, a lecturer at the University of Leicester in the UK. Craven’s PhD involved looking at how complex procurement exercises such as competitive dialogues were actually being run in practice; he interviewed lawyers, policy makers and procurement people to see what was really happening. This got him interested in doing this sort of empirical, real-life-based research rather than purely theoretical ... they discuss.

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