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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
  • 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.

art
  • 18 November 2020
  • Public Procurement

Urgent procurement in a pandemic

Depending on the value and size of the contract, a typical procurement run in accordance with the requirements of the Public Contracts Regulations 2015 can take anything from a few months to more than a year to conclude.

art
  • 10 November 2020
  • Public Procurement

Public Procurement – What happens after Brexit?

It seems a long time ago we were being told during the Brexit referendum that leaving the EU would save us £1.6 billion a year in procurement costs. Since then the UK has left the EU but still remains signed up to the EU procurement rules until 11pm on 31 December 2020. What happens next depends in part on the outcome of the EU/UK trade negotiations but also on the broader question of how the UK wants to run public procurement.

art
  • 09 October 2020
  • Public Procurement

New Public Procurement rules to help communities recover from COVID-19

The Government announced new public procurement rules on 24 September 2020 requiring Central Government buyers to evaluate the “social value” of bids when tendering for public contracts (Public Policy Notice 06/20).

art
  • 09 June 2020
  • Public Procurement

Delaying Challenging a Public Tender Award – Don’t Lose Your Rights!

Timing is critical to the success of a challenge to a public tender. Typically, an unsuccessful bidder will receive a letter from the contracting body notifying them that they have not won the tender, what their scores were and what the scores of the successful bidder(s) were.

“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