Hi Patrick, As you know, we received two contract notices during the financial stewardship visits one for ESA forms and the other for opening two files. We appealed this and where successful and LSC gave all the money back. I asked them to take back the contract notices but they refused stating that this was the opinion of the independent cost assessor but not the LSC. Is there anything in the new contracts that bars me from applying for new contracts because of the contract notices thanks Peggy
Post by Patrick Torsney on May 11, 2012 9:58:23 GMT
Hi Peggy
As far as I am aware the LSC has not previously said that having a Contract Notice will affect your ability to tender for a contract. Considering the significant number it dished out during the financial stewardship pogrom, if it were a problem then probably most of the legal aid sector would be prohibited from bidding
Unless the LSC specifically says one way or another, we won't see if a Contract Notice is an issue until the Criteria for the bid comes out, most likely as part of the ITT. For example, it may be that whilst it doesn't bar you from bidding, it may affect the points you score on any selection criteria. This is idle speculation though, so take it with a pinch of salt until we see what the LSC comes up with
If not done already, have you considered putting it in writing and asking for an informal review of the decision not to withdraw the Contract Notices? Given the subject of the dispute which gave rise to the CN was resolved in your favour via the appeals process, it does seem a tad unfair of the LSC to try insist the CN should effectively apply to work not actually considered as part of the appeal
Obviously, if they don't and it counts against you in the tender, then you should be thinking of taking further action up to and including advice on pursuing JR
