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Public Procurement

Information control

 

Contracting authorities are generally statute bound to comply with the Freedom of Information Act 2000 (as amended) and the Environmental Information Regulations 2004.

The tender documentation and the awarded contract should therefore include appropriate information and obligations on bidders and the contractor to assist the contracting authority in complying with its statutory obligations.

Any contractual confidentiality obligations placed on a contracting authority will be subject to the requirements of these Acts.

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

Chambers & Partners

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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