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Public Procurement

Governance & joint ventures

 

Contracting authorities often work together to procure goods, works or services. We advise clients on the variety of different structures and vehicles which can be utilised for effective joint working, and then put together the relevant documentation to effect the chosen structure.

We are experts in memorandum of understandings, inter authority agreements, collaboration agreements, setting up companies (and performing all associated company secretarial work) and creating (and drafting the constitution for) joint committees populated by collaborating local authorities.

Our public procurement lawyers can also advise on the creation of a joint venture company for the contracting authority and the private sector partner to utilise to facilitate the performance of the procured contract.

“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
  • 04 March 2020
  • Public Procurement

Essential Developments – Public Procurement Webinar

As Brexit begins to make an impact on the public procurement sector and further legal developments expected over the coming year, it has never been a more important time to understand the law on challenging procurement awards.

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  • 27 November 2018
  • Public Procurement

Public procurement and development agreements

The Court of Appeal has handed down its judgment in the case of R (Faraday) v West Berkshire Council EWCA Civ 2532, which has important consequences for local authorities and developers entering into development agreements.

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  • 09 October 2018
  • Public Procurement

Public procurement: what does cross-border interest mean?

We are often consulted by clients wishing to challenge the outcome of tenders which are not governed by the Public Contracts Regulations 2015, Concession Contracts Regulations 2016 or Utilities Contracts Regulations 2016, usually because the value of the tender is not high enough to meet the financial thresholds over which the Regulations apply. It is sometimes still possible to challenge the outcome of a below-threshold tender, if it can be shown that there was, or would have been, cross-border interest in the contract. In that case, general EU Treaty principles of transparency, proportionality and non-discrimination will still apply to…

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  • 01 February 2018
  • Public Procurement

Public procurement: will my bid remain confidential?

One of the concerns bidders often have when submitting tenders for public contracts is whether other bidders will be able to obtain access to their confidential pricing information.

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  • 01 June 2017
  • Public Procurement

Can you use procurement law to halt development?

If a local authority does not comply, one or more of the unsuccessful bidders may have grounds to challenge the award of the contract. But what about non-bidders? When deciding to redevelop a vacant or run down part of town, procurement law is just one of the many factors a local authority will need to consider.

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  • 11 May 2017
  • Public Procurement

10 Tips for Challenging the Result of a Public Tender

Following our recent webinar, we have produced some “Top Tips” which we hope that any business which finds itself challenging a procurement award will find useful.

“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