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Public Procurement

Risk management

 

Risks associated with the procurement process should be kept under regular review and be proactively managed by the contracting authority throughout the process until contract award. We work closely with our clients to ensure the associated risks of any procurement are identified at the earliest stage, and properly managed. Our contentious experience ensures we minimise or avoid such risks. 

Risks associated with the commercial terms also need to be identified and allocated to a specific party. Our procurement solicitors prepare risk matrices for clients of the headline risks associated with a contract and facilitate the client’s discussions with bidders as to the most cost-effective allocation of risk. 

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

Chambers & Partners

Related services

Contracts & contracting structures

Governance and joint ventures

Information control

Judicial review

Process management

Procurement challenges

Procurement strategy

Key contacts
Chris Tayton

Partner

View profile

+44 118 960 4691
Emma Butcher

Partner

View profile

+44 118 960 4671

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.
art
  • 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.

art
  • 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…
art
  • 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.
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“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

Contact Chris

+44 118 958 5321