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Public Procurement

Contracts & contracting structures

 

The form of contract utilised will depend on the services and/or works the contracting authority wishes to procure. We draft all agreements (having reference to the market standard, where these exist) to ensure that the contractual documentation accurately reflects the contracting authority’s needs objectives and risk allocation.

We work with clients and third party organisations (such as, the Chartered Institute of Wastes Management (CIWM) and the Welsh Government) to prepare standard form contracts for repeated use by organisations in their future procurement processes (such as the CIWM standard form contract for the procurement of a waste management contract, which is now utilised by numerous local authorities throughout England and Wales).

We continue to support our clients post contract completion in terms of compliance with and reliance on contractual terms and conditions including performance/default and change in law provisions. We also advise on whether proposed variations to the contract are permitted by the regulations, or whether there is a risk of a new procurement process being required.

Our IP and Commercial team are also experienced in supporting with the negotiation and drafting of procurement contracts.

“Standout practice group, which is regularly involved in high-profile cases. Offers broad commercial litigation capabilities, alongside expertise in procurement challenges.”

Chambers & Partners

Key contacts

Read, listen and watch our latest insights

Pub
  • 12 December 2022
  • Public Procurement

10 tips for challenging award of contract

How can you best prepare for a procurement challenge? Here are our top 10 tips.

art
  • 21 November 2022
  • Public Procurement

Public procurement – what is coming up in 2023?

Next year will see the biggest changes to public procurement law in more than a decade when the Procurement Bill 2022 passes into law (this is currently expected to be sometime around mid-2023). 

Pub
  • 07 October 2022
  • Public Procurement

Procurement challenges

Taking prompt advice is essential as unsuccessful bidders have just ten days within which to issue court proceedings if they want to benefit from the automatic suspension provided for in the Regulations, which prevents the contracting authority from awarding the contract to anyone else.

art
  • 13 September 2022
  • Public Procurement

Procurement Challenge – we should have won

There is little more disheartening for a bid writer or other procurement specialist, after investing time and energy into preparing the best possible bid to win a public contract, than receiving a letter politely explaining that you have been unsuccessful on this occasion but hoping that you will, all the same, bid for future contracts when the opportunity arises.

Pub
  • 06 September 2021
  • Public Procurement

Top tips for making clarification questions work

Clarification questions are an integral part of any procurement process. Do not be afraid of submitting them – it is better to raise a question (even if it then means that your competitors get the benefit of the responses provided) than to make an incorrect assumption about what the contracting authority wants.

Pub
  • 25 February 2021
  • Public Procurement

Public Procurement Annual Update 2021

With major changes to public procurement on the horizon, this year’s annual update is more important than ever. Everyone working in public procurement will be affected.

“I was so impressed with the service that we received. We have subsequently found out that, as we suspected, this was the replacement for a very significant framework. That makes the result immeasurably more important to us. I have always said that Clarkslegal was a first class firm and this result, together with the manner of the service provided, admirably underpins my long held view.”

ChandlerKBS

We engaged Clarkslegal to support us with a procurement issue. They quickly understood our position and represented us effectively within challenging timescales. I found their service to be thorough, professional and responsive.” 

Itec Training Solutions Limited